Judge orders immigrants to receive potable water at CA detention center

from Wendy Fry and Sergio OlmosCalMatters

This story was originally published by CalMatters. Subscribe to your newsletters.

This article is also available in English. Read it here.

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

Sunshine Federal Judge Suzanne Sykes ruled that the detainees who filed the lawsuit showed a likelihood of prevailing in their claims that prison conditions violate the Fifth Amendment, which protects against inhumane conditions of detention. Although the case will continue in court, the judge has now ruled that the detainees could suffer irreparable harm without judicial intervention.

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

In their lawsuit, attorneys for the detainees argued that Adelanto violated ICE detention guidelines by failing to provide clean water, nutritious food, sanitation, access to medical care and medication, and medical screening upon entry to the facility. They also alleged violations of rules regarding outdoor recreation time, family visiting hours, daily counts to ensure detainees were alive, and accommodations for the disabled.

In response, Sykes ordered 24-hour access to clean drinking water, high-calorie meals, and free access to soap and hygiene products. The court order also requires the facility to be cleaned daily and mold identified and removed. Detainees will be provided with blankets and temperature-appropriate clothing, as well as access to an outdoor playground for at least four hours a day.

The order prohibits 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 states that the center cannot cancel a visit if a family member needs to use the restroom during the visit.

Most people detained in California immigration detention centers are not charged with crimes, only civil immigration violations.

The court ordered Adelanto to conduct at least two counts daily, one at night and one during the day, to ensure that detainees are present and not incapacitated. The court also ordered restrictions on the isolation of detainees unless there is a risk to the lives of staff or the detainee requests it.

The ruling requires Immigration and Customs Enforcement and the other defendants to immediately provide the detainees with the improvements to their detention conditions that the judge ordered.

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 centers 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 that is in the hands of a private contractor.”

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

Access for people with disabilities at ICE detention centers has been a recurring issue since the Trump administration took office for its second term. According to the complaint one man described being handcuffed and ankle shackled to appear in court despite using a cane. Others claim that people with mobility problems were systematically assigned to the top bunks. The new court order requires the government to provide reasonable accommodations for people with disabilities.

The court gave the federal government 14 days to come up with a plan to address the medical and needs of detainees with disabilities. The order requires all detainees to be screened upon arrival for physical or mental illness, receive ongoing treatment and medication, and be treated and isolated to prevent the spread of communicable diseases. The order also stipulates that all inmates have access to primary, secondary and tertiary medical care, as well as to be informed of their rights as patients.

Sykes ordered the government to appoint two independent monitors during the litigation to ensure compliance with court orders. In addition, detainees must be given the opportunity to submit complaints to supervisors in English or Spanish, which will be kept in a safe that only they can access.

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

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

This article was originally published on CalMatters and was republished under license Creative Commons Attribution/Attribution-Noncommercial.