Things That Matter

He Was In ICE Detention For Five Months, Now This Cuban Migrant Is Dead And His Family Wants Answers

The deaths of migrants in US government custody have sparked outrage and cast a spotlight on the treatment of immigrants detained by authorities. But, despite the outrage and grief, little seems to be being done to improve the conditions immigrants are being held in. 

In fact, recent reports indicate that the Trump administration is actually moving to make life for migrants even more miserable (and dangerous) while in  government custody. From not providing for basic sanitary needs to withholding critical vaccinations and even deporting migrants in need of life-saving medical care, this administration is putting countless lives at risk. 

Given the administration’s contempt of migrants coming to the US to seek asylum or simply better opportunities, the deaths of migrants are not at all surprising. Although they’re largely an avoidable tragedy — until Trump took office deaths of migrants in US custody were exceedingly rare — the situation in detention centers is likely to get worse before it improves. 

At least eight people have died in ICE custody at adult detention centers this year, according to information released by ICE and compiled by the American Immigration Lawyers Association.

Here are those who we’ve lost since January 2019:

Roylan Hernandez-Diaz, 43, Cuba

ICE officials confirmed the death of Roylan Hernandez-Diaz on Wednesday. The 43-year-old man was being held in an isolation area known as “the pit” at the Richwood Correctional Center, a private facility operated by the firm LaSalle Corrections.

“The preliminary cause of death appears to be self-inflicted strangulation, but the case is currently under investigation,” ICE said in a statement to El Nuevo Herald.

Hernandez-Diaz, who first entered ICE custody in May after being apprehended at the El Paso Port of Entry, feared being deported to Cuba. The man recently appeared before an immigration court, where relatives said he told guards that he would leave the detention center “free or dead.”

Hernandez-Diaz’s cell mates told the publication that he once organized a hunger strike to protest inhumane conditions at the detention center. “They were hopeful that they would be freed or at least released on parole, but months went by and they were still detained,” one relative said of the strike. “In Louisiana, the detainees face very bad conditions. They are treated badly, and the authorities don’t believe that they are politically persecuted.”

Abel Reyes-Clemente, 54, Mexico

While in ICE custody at an Arizona corrections center, Reyes-Clemente displayed signs of the flu and was “placed into medical observation” on April 1, ICE said. Two days later, facility personnel found him around 6 a.m., unresponsive and not breathing.

This case is a particular reminder of the cruelty of the administration’s policies. Reyes-Clemente likely died of complications related to the flu yet it was just recently announced that the government will not provide flu vaccines to migrants for the upcoming flu season.

Simratpal Singh, 21, India

The Maricopa County Office of the Medical Examiner listed suicide as the manner of death and hanging as the primary cause of death on its website. Autopsy results have not yet been released. 

Unidentified Man, 40, Mexico

The man died at Las Palmas Medical Center in El Paso, Texas, after being apprehended by CBP agents for illegal re-entry early Sunday morning, according to a CBP news release. Hours after being apprehended, the unnamed man was evaluated by medical personnel at the Border Patrol’s processing facility near Paso Del Norte Port of Entry.

CBP said the man was transported to the medical center after being diagnosed with flu-like symptoms, liver failure and renal failure. He died later that day.

Johana Medina Leon, 25, El Salvador

Credit: DIVERSIDAD SIN FRONTERAS / Facebook

The cause of death for Medina Leon, the asylum seeker who died on June 1, remains unclear. Like Roxana Hernandez, a transgender woman who died in ICE custody last summer, Medina Leon was diagnosed with HIV while she was detained.

Medina Leon, known to her friends as “Joa,” became ill while detained at the Otero County Processing Center, a private detention center in New Mexico where the ACLU and the Santa Fe Dreamer Project recently alleged poor treatment of, and “unconscionable conditions,” for LGBTQ immigrants.

Unidentified Woman, 40, Honduras

The woman, who was not identified, died shortly after being apprehended after crossing the border.

The woman, who crossed the border without authorization in Eagle Pass, Texas, at about 6:20 a.m., collapsed about 25 minutes later at the Eagle Pass South Station. In a statement, Border Patrol said agents and officers administered medical care until emergency medical services arrived at 6:55 a.m. She was taken to a local hospital where she was pronounced dead.

The tragedy marked the second time in less than 36 hours that a person had died immediately following their perilous migration from their home in Central America, through Mexico and across the southwest border.

Yimi Alexis Balderramos-Torres, 30, Honduras

Balderramos-Torres had previously been apprehended by immigration officials in El Paso, Texas, on May 17, according to a statement released by ICE. The man was accompanied by his son when he was encountered by Border Patrol on May 17, according to a source with knowledge of the matter.

Balderramos-Torres had been sent back to Mexico under a Trump administration program that requires Central American immigrants to wait outside the US as their asylum cases make their way through the immigration courts. On May 27, Balderramos-Torres again crossed the border without authorization and was picked up by local police in the US during a traffic stop.

On June 30, Balderramos-Torres was found “unresponsive,” and medical officials at the facility were unable to revive him. He was taken to a local hospital where he was pronounced dead Sunday morning. A cause of death is pending as officials conduct an autopsy.

Pedro Arriago-Santoya, 44, Mexico

Pedro Arriago-Santoya was awaiting deportation at the Stewart Detention Facility in Lumpkin prior to his death at an area hospital.

Medical staff at a hospital in Columbus determined the man’s preliminary cause of death as cardiopulmonary arrest, followed by multi-organ system failure; endocarditis, an infection in the heart’s inner lining; dilated cardiomyopathy, a heart muscle disease; and respiratory failure, ICE said in a statement

In custody since April, Arriago-Santoya told immigration authorities he felt stomach pain on July 20, leading a nurse practitioner to send him via ambulance to a hospital in Cuthbert. Medical staff suspected he had gall bladder disease, ICE said, and, the next day, sent him to the hospital where he died waiting for surgery consultation.

Marvin Antonio González, 32, El Salvador

Credit: Jose Cabezas / Reuters

Like many Salvadoran migrants before them, Marvin Gonzalez and his eight-year-old daughter Joselyn set off from their farm surrounded by corn and sugarcane one morning in early July with dreams of better lives in the United States. 

Gonzalez, 32, planned to reunite the girl with her mother in North Carolina, and later send for his current wife from El Salvador. 

The two made it across the U.S. border in late July. Then their luck turned. After they were detained in El Paso, Gonzalez died from heart-related causes that seemed to have flared up suddenly.

Norma Palacios, 23, the wife of the younger Gonzalez, said she had planned to eventually join her husband in the United States, bringing along their daughter Tifany, but had changed her mind.

“Our dream was to be together there, but now with what happened, I don’t have the courage to go alone,” she said in an interview with Reuters.

Roberto Rodriguez-Espinoza, 37, Mexico

Staff at the jail saw Rodriguez-Espinoza “acting confused” on Sept. 7 and transferred him to Northwestern Medicine Woodstock Hospital in Woodstock for evaluation, ICE said. He was transferred to Northwestern Medicine Huntley Hospital the next day, where he was diagnosed with a brain hemorrhage.

He was transferred to Central DuPage for a neurosurgery consultation and became unresponsive during a neurological exam, ICE said.

Many of these deaths were likely preventable. Human Rights Watch asked for an independent medical analysis of 15 recent deaths in immigration detention; in eight cases, subpar medical care contributed or led to the fatalities. The same is true for 23 of the 52 deaths in immigration detention for which we have such analysis since 2010.

ICE has dramatically expanded the number of people in its dangerous system, including particularly vulnerable people like children and pregnant women. 

By locking up people who aren’t a flight risk or a threat to public safety, the US guarantees a ballooning, abusive, and expensive system, despite the existence of more cost-effective and humane alternatives to detention. 

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Court Says That ICE Needs To Follow The Constitution When Making Arrests And Here’s Why That’s Such A Big Deal

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Court Says That ICE Needs To Follow The Constitution When Making Arrests And Here’s Why That’s Such A Big Deal

Gerald Herbert / Getty Images

In what many are calling a landmark decision, the 9th Circuit Court of Appeals just handed a major victory to migrant’s rights advocates. Although the major ruling seems simple on paper, it has major legal implications and could truly change the way that U.S. Immigration and Customs Enforcement (ICE) agents arrest undocumented immigrants.

However, the decision is likely to be appealed to the U.S. Supreme Court – where it would face an uncertain legal future given the possible future makeup of the nation’s highest court.

The 9th Circuit Court just issued a landmark legal decision that could greatly affect ICE arrests.

Credit: Eric Risberg / Getty Images

Long-standing rules for arresting migrants may soon need to change, thanks to a recent ruling by the 9th Circuit Court of Appeals.

The court says that ICE needs to align its arresting and detention procedures with those of all other law enforcement agencies in the country, which are guided by rules within the U.S. constitution. When police arrest people for suspected crimes, the constitution requires them to show probable cause to a judge within 48 hours. But ICE does not do that. When ICE arrests people, it typically holds them for weeks before any judge evaluates whether ICE had a valid legal basis to make the arrest.

But ICE’s policies may no longer be legal.

The 9th Circuit Court of Appeals said the usual constitutional rules that apply to normal police all over the country also apply to ICE. “The Fourth Amendment requires a prompt probable cause determination by a neutral and detached magistrate,” the court said. This really shouldn’t be a big deal. Prompt independent review by a judge of whether the government has a legal basis to take away a person’s freedom is an essential safeguard against tyranny.

ICE’s arrest and detention policies have long come under scrutiny for seemingly skirting constitutional rules.

Credit: Joseph Sohm / Getty Images

For almost 200 years, immigration enforcement has existed in a sort of grey area, where the usual rules never applied. For example, when ICE arrests people, individual officers have much more legal discretion than other law enforcement authorities. Detainees may be held for weeks or months before going to a judge who will ask the person how they plead to ICE’s allegations against them.

Only then, long after the initial arrest, might ICE actually be required to show a judge any evidence to back up its case. The person would have spent all of that time detained, likely at a private detention center in a remote area.

For any other person in the U.S., this procedure goes against every legal protection in the constitution. But ICE has gotten away with treating immigrants this way for generations.

The ruling comes as other courts are making it easier for ICE to abuse migrant’s constitutional rights.

The ruling by the 9th Circuit comes less than a week after the 1st Circuit overturned a ban prohibiting ICE from arresting undocumented immigrants at courthouses in Massachusetts.

In 2018, ICE created a policy of attempting to arrest undocumented immigrants when they appeared at state courthouses for judicial proceedings. However, a district court granted an injunction against the policy after migrant advocates filed a lawsuit against ICE. They claimed that ICE was in violation of the Immigration and Nationality Act (INA) and lacked authority to make civil arrests at courts.

Meanwhile, ICE has resumed large-scale enforcement operations, announcing roughly 2,000 arrests over several weeks amid the Coronavirus pandemic. The 9th Circuit’s decision raises an obvious question: How many of those people were detained for more than 48 hours without a review by a judge?

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The Trump Administration Just Announced That They’re Banning TikTok Downloads Starting on Sunday

Things That Matter

The Trump Administration Just Announced That They’re Banning TikTok Downloads Starting on Sunday

On Friday, the Trump administration announced that it would be blocking future downloads of social media app TikTok starting on midnight on Sunday.

“At the President’s direction, we have taken significant action to combat China’s malicious collection of American citizens’ personal data, while promoting our national values, democratic rules-based norms, and aggressive enforcement of U.S. laws and regulations,” said Commerce Secretary Wilbur Ross

The Trump Administraiton is also taking action against the popular messaging and payment app WeChat, banning American companies from hosting the app’s internet traffic or processing transactions for the app (one of its key features).

Both TikTok and WeChat are the two most popular tech exports from China.

via Getty Images

TikTok is a popular video-sharing platform that allows users to share 15-second videos of themselves dancing and lip-syncing to popular music (among other things). The app recently exploded in popularity, racking up 99.8 million downloads in the first six months of 2020.

TikTok and WeChat have both been recent targets of the Trump administration due to their data-collection practices.

TikTok, specifically, has recently come under fire for violating Google privacy policies. TikTok collects and documents massive amounts of data from their users, like videos watched and commented on, location data, device type, and copy-and-paste “clipboard” contents. The app even records people’s keystroke rhythms as they type.

The Trump Administration has long been suspicious of TikTok’s data-collection, speculating that TikTok might be sending the data to the Chinese government.

The Trump administration has argued that such massive amounts of data in the hands of a foreign government is a threat to national security. TikTok denies that they are handing over the data to the Chinese government.

TikTok, for their part, are not hiding their displeasure about the ban, releasing a public statement saying: “We will continue to challenge the unjust executive order, which was enacted without due process and threatens to deprive the American people and small businesses across the US of a significant platform for both a voice and livelihoods.”

This isn’t the first time TikTok has gone toe-to-toe with the Trump administration. The social media company sued the administration in August after Trump signed an executive order enacting broad sanctions against the app. TikTok claimed that the order denied the company of due process.

The TikTok ban is making waves because it marks the first time the U.S. has banned a tech app on the basis of national security concerns.

But some critics are saying that there doesn’t seem to be much rhyme or reason behind the ban. “It just feels to me to be improvisational,” said cyber-security expert Adam Segal.

Both TikTok users and concerned Americans have taken to the internet to express their anger at the Trump administration’s decision.

“Don’t be mistaken folks,” said one Twitter user. “Sunday it will be TikTok. Tomorrow it will be twitter, FB, Instagram…you name it…We must protect free speech!”

Another pointed out the hypocrisy of Trump targeting China when he doesn’t seem to be as concerned about Russia meddling in our internet affairs. “I live in a world where TikTok is a threat to national security but Russian interference in our elections is not,” she said. “This is Trump’s America.”

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