Judge orders immigrants to get clean water at California detention center

from Wendy Fry and Sergio OlmosCalMatters

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A federal judge on Thursday ordered major changes to reported conditions at the ICE Adelanto processing center in San Bernardino County, issuing a preliminary injunction that requires federal immigration officials to provide people with clean drinking water and adequate medical care.

U.S. District Judge Sunshine Suzanne Sykes ruled that the detainees who brought the suit had “demonstrated a likelihood of prevailing” on their claims that the facility’s conditions violated the Fifth Amendment’s protection against inhumane conditions of detention. While the case will continue to make its way through the courts, the judge issued the ruling now, finding that people who are detained could suffer irreparable harm without judicial intervention.

The lawsuit came after two deaths at the facility within weeks of each other last fall: Ismael Ayala-Uribe, a 39-year-old former DACA recipient, and 56-year-old Gabriel Garcia-Aviles. Both deaths remain under federal investigation as scrutiny of conditions at immigration detention centers continues to increase under the Trump administration.

In their lawsuit, attorneys for the detainees said Adelanto violated ICE detention guidelines by failing to provide clean drinking water, nutritious food, sanitation, access to medical care and medication, and a medical examination upon arrival at the facility. They also alleged violations of rules regarding outdoor recreation time, family visitation time, daily head counts of detainees to ensure detainees were alive, and the accommodation of people with disabilities.

In response, Sykes ordered 24-hour access to clean drinking water, food with sufficient calories, and access to soap and hygiene products free of charge. The order also requires that the facility be cleaned daily and that mold be identified and removed. Detainees must be provided with blankets and temperature-appropriate clothing, as well as access to outdoor leisure for at least four hours each day.

The order prevents Adelanto, located about 90 miles northeast of Los Angeles, from restricting family visits during regular business hours, including removing time limits and physical contact, such as hugging or holding hands, with family members. It also says the facility cannot cancel a visit if a family member needs to use the restroom during the visit.

The vast majority of people held in California immigration detention centers have not been charged with crimes, only civil immigration violations.

The court ordered Adelanto to conduct at least two counts each day, once at night and once during the day, to ensure that detainees are present and not incapacitated. The court also ordered restrictions on sending detainees into solitary confinement, barring a risk to the lives of staff or if the detainee requests it.

The ruling requires Immigration and Customs Enforcement and other named defendants to immediately provide the detainees with the status upgrades ordered by the judge.

The Department of Homeland Security declined to comment on the decision. DHS attorney Pushkal Mishra argued in court last week that the federal government cannot be held responsible for the actions of its contractor, GEO Group, which operates Adelanto and 18 other immigration facilities across the country.

In a motion to dismiss the case, DHS argued that it should not “take over the day-to-day management of a federal contract from a private contractor.”

GEO Group did not immediately respond to a request for comment.

Access for people with disabilities at ICE facilities has been a recurring issue since the Trump administration took office for a second term. According to the complaintone man described being handcuffed and ankle-chained for court appearances despite using a cane. Others argued that people with mobility issues were routinely assigned the top bunks. The new court order requires the government to provide people with disabilities with reasonable accommodations.

The court gave the federal government 14 days to create a plan to address the medical care and disability needs of detainees. The order requires all detainees to be screened upon arrival for physical or mental illness, to provide ongoing treatment and medication, and to treat and isolate detainees to prevent the spread of communicable diseases. The order also mandates that every detainee have access to primary, secondary and tertiary care and be informed of patient rights.

Sykes ordered the government to provide two independent observers during the trial to ensure compliance with court orders. Detainees should also be given the opportunity to submit complaints to monitors in English or Spanish, which are contained in a locker accessible only to monitors.

A California Attorney General’s report this year found that six people have died in the state’s detention centers since the start of the Trump administration’s mass deportation campaign. Nationwide, 22 people have died in immigration detention this year.

This week, the Mexican federal government called on state attorneys general to criminally investigate cases in which Mexican nationals have died in ICE custody.

This article was originally published on CalMatters and is republished under Creative Commons Attribution-NonCommercial-No Derivatives license.