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Federal Judge Orders ICE To Consider Releasing Detainees At High Risk For COVID-19

A masked cyclist passes a motorist protesting in a vehicle at a U.S. Immigration and Customs Enforcement field office last month in San Francisco.
Ben Margot
/
AP
A masked cyclist passes a motorist protesting in a vehicle at a U.S. Immigration and Customs Enforcement field office last month in San Francisco.

A federal judge in California on Monday ordered U.S. Immigration and Customs Enforcement to "identify and track" every person in ICE detention at an elevated risk of complications from COVID-19 and to consider releasing those detainees, regardless of their legal status.

Risk factors identified by the court include pregnant women, people older than 55 and those with chronic health conditions.

ICE says there are 220 confirmed cases of COVID-19 among those in ICE custody, and 30 confirmed cases among ICE employees working in detention facilities.

In his opinion, U.S. District Judge Jesus Bernal wrote that ICE has "likely exhibited callous indifference to the safety and wellbeing of [detained immigrants at risk.] The evidence suggests systemwide inaction that goes beyond a mere 'difference of medical opinion or negligence.' "

The preliminary injunction orders ICE to "identify and track" detainees with risk factors within 10 days, or within five days of being placed in custody. The judge ordered the agency to implement increased precautions to protect against infection in line with CDC standards, and to consider release of high-risk detainees.

The agency has been criticized during the pandemic for not taking greater measures to slow the spread of the virus in detention centers. On its website, ICE says it has "evaluated its detained population based upon the CDC's guidance for people who might be at higher risk for severe illness as a result of COVID-19 to determine whether continued detention was appropriate.

"Of this population, ICE has released nearly 700 individuals. ... This same methodology is currently being applied to other potentially vulnerable populations currently in custody and while making custody determinations for all new arrests."

Copyright 2021 NPR. To see more, visit https://www.npr.org.

Hannah Hagemann is a 2019 Kroc Fellow. During her fellowship, she will work at NPR's National Desk and Weekend Edition.

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SOMOS CONNECTICUT es una iniciativa de Connecticut Public, la emisora local de NPR y PBS del estado, que busca elevar nuestras historias latinas y expandir programación que alza y informa nuestras comunidades latinas locales. Visita CTPublic.org/latino para más reportajes y recursos. Para noticias, suscríbase a nuestro boletín informativo en ctpublic.org/newsletters.

The independent journalism and non-commercial programming you rely on every day is in danger.

If you’re reading this, you believe in trusted journalism and in learning without paywalls. You value access to educational content kids love and enriching cultural programming.

Now all of that is at risk.

Federal funding for public media is under threat and if it goes, the impact to our communities will be devastating.

Together, we can defend it. It’s time to protect what matters.

Your voice has protected public media before. Now, it’s needed again. Learn how you can protect the news and programming you depend on.