Tuesday, May 6, 2008

Death by Detention

Compiled by Immigration and Customs Enforcement and obtained by The New York Times under the Freedom of Information Act, the “Detainee Deaths 2004- November 2007" document lists the names of 66 people who died, their dates of birth and death, where they were last held, where they died and the cause of death. It is the fullest accounting to date of deaths in immigration detention, which includes federal centers, county jails and privately run prisons that has become the nation’s fastest-growing form of incarceration.

The government produced the list after a Congressional hearing last fall into medical care and deaths in immigration custody. Representative Zoe Lofgren of California, the chairwoman of the House subcommittee that held the hearing, pressed for information on detainee deaths.

In January, the House passed a bill that would require states that receive certain federal money to report deaths in custody to their attorneys general. But the bill is stalled in the Senate, and it does not cover federal facilities.

The New York Times reports: "Along with 13 deaths cited as suicides, 14 as the result of various cardiac ailments and 9 related to H.I.V. and AIDS, the list includes cryptic causes of death like “unresponsive” and “undetermined.” The list does not mention the immigrants’ nationalities or where they lived in the United States. Some names and birth dates appear garbled."

In response to questions about deaths in its detention centers, Immigration and Customs Enforcement issued this statement:

"Immigration and Customs Enforcement takes great care to ensure the safety and well being for each of the 330,000 detained individuals who come through our detention facilities each year. ICE has established plans and processes in place with Division of Immigration Health Services medical professionals to provide care for all those detained, including those who may encounter a medical emergency while in custody. When a detainee is hospitalized, the hospital assumes medical decision-making authority, including the patient’s drug regimen, lab tests, X-rays and treatments. If a detainee passes away while in ICE custody, it is our policy to immediately notify the next of kin or the consulate of the respective country. In addition, ICE’s Office of Professional Responsibility reviews the circumstances surrounding the death of a detainee and determines if further investigation is warranted. The Office of Professional Responsibility also informs the inspector general of Homeland Security of all detainee deaths, regardless of reason. The Office of Professional Responsibility determines whether the death necessitates investigation and coordinates appropriately with the inspector general. ICE also must notify state officials (coroner, for example)."

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