Suit alleges US gives inadequate health care to detained immigrants

Claiming the federal government failed to provide detained immigrants with appropriate medical and mental health care, the Southern Poverty Law Center filed a sweeping nationwide class action this week against U.S. Immigration and Customs Enforcement and the U.S. Department of Homeland Security.

Attorneys involved in the suit say it is the first action to accuse the government of deliberately and systematically denying adequate health care to people with disabilities who have crossed the border without legal permission.

A spokesman for one of the private detention centers mentioned in the suit denied allegations of inadequate health care and said the services are state of the art.

"This administration's horrific mistreatment of immigrants is not limited to individuals at the border," the Southern Poverty Law Center's deputy legal director, Lisa Graybill, said this week in a statement. "The fact that immigrant detention is supposed to be civil, and not punitive, is a distinction without a difference when it comes to how detained immigrants are treated."

The 200-page complaint was also filed by Civil Rights Education and Enforcement Center, Disability Rights Advocates, and Orrick, Herrington & Sutcliffe LLP in the Central District of California.

The case was assigned to U.S. District Judge Dale S. Fischer on Tuesday.

The advocacy groups claim the government violated the due process clause of the Fifth Amendment and failed to provide proper accommodations to 55,000 migrants detained in privately and publicly owned detention centers. Faour Abdallah Fraihat v. U.S. Immigration and Customs Enforcement, 19-CV01546 (C.D. Cal. filed Aug. 19, 2019).

At least half of ICE's detention bed capacity is at facilities operated by private prison companies, according to the suit. The plaintiffs claim both companies have a long history of refusing to provide adequate medical care to prisoners in their facilities.

"Despite knowing the inherent risks of contracting with private prison corporations, ICE continues to entrust them with the care of an ever-growing number of detained individuals," the lawsuit states.

According to its website, the Geo Group operates special-purpose, state-of-the-art residential centers on behalf of U.S. Immigration and Customs Enforcement.

Responding Tuesday, a Geo Group spokesperson said, "The lawsuit is meritless."

"The medical programs operated by GEO in 12 ICE processing centers around the country provide 24/7 access to health care free of charge," a Geo spokesperson said in an email Tuesday. "Our programs are supported by full-time physicians, physicians' assistants, and a team of nursing services, dentists, psychologists, and psychiatrists; and are fully accredited by both the American Correctional Association and National Commission on Correctional Healthcare."

While the Geo Group is mentioned in the complaint, it is not a named defendant.