Immigration and Customs Enforcement (ICE) officials have tried to push back on very legitimate criticisms that they’ve completely failed on pandemic safety response by claiming that if detained people want to be vaccinated or boosted against the virus, all they have to do is ask.
But a group of medically vulnerable immigrants says they have asked to be protected, and have been denied. The American Civil Liberties Union (ACLU) and the ACLU of the District of Columbia have now launched a lawsuit against ICE on their behalf.
“Plaintiffs are eligible for and want to receive a COVID-19 booster shot and have not been able to receive one in ICE detention,” the complaint states. “They have requested booster shots, only to be told that none are available, or that they should wait an indeterminate time, or their requests have been simply ignored.” One plaintiff was told to not take a second dose of the Johnson & Johnson vaccine after having a bad reaction. But then in seeking out other vaccine options, was told they weren’t available.
Named among the five medically vulnerable plaintiffs are Aamir Shaikh, who is detained at the Etowah County Detention Center in Alabama. He suffers from diabetes and high blood pressure and has repeatedly asked to be boosted, but has repeatedly been denied. “The staff at Etowah have either ignored his requests or told him that he would not receive a booster shot until the State of Alabama ‘approved them’ at an unspecified date in the future,” the complaint said.
It’s unclear what that’s supposed to mean, but it seems like a bullshit excuse on behalf of the facility. Both Moderna and Pfizer have had emergency use authorization since Dec. 2020, Johnson & Johnson the following February. Following months of pressure from groups like the ACLU, ICE finally began increasing vaccination last August.
But as the lawsuit makes clear, that effort is still severely lacking. While Federal Bureau of Prisons guidelines do include recommendations for boosters, DHS has not done the same.
“Mr. Shaikh also does not know any other detainee at Etowah who has received a booster shot, and Etowah has not provided any educational materials or information about booster shots to detainees.” The complaint states he’s seen officials bring in dozens of detainees from out of state. Some sick people have been housed in his unit, too. “Mr. Shaikh is worried about the spread of COVID-19 at Etowah.”
“As the Omicron variant of COVID-19 spreads rapidly in ICE detention centers, immigrants detained in these facilities are increasingly afraid for their health and lives,” said ACLU National Prison Project staff attorney Eunice Cho. “ICE is well aware that people with underlying medical conditions are especially vulnerable to severe illness and death and booster shots are a critically important protection for them against the virus. Failing to provide booster shots is not only irresponsible and cruel, it’s also a violation of their constitutional rights.”
The lawsuit comes just days after a civil rights complaint by two DHS medical providers urging the need for boosters in ICE detention. “The failure to act with alacrity has contributed to the number of confirmed COVID cases skyrocketing since the emergence of the omicron variant,” the two physicians said. Just a few weeks ago, officials confirmed 285 cases among detained immigrants. That number is now at over 3,000 as of Jan. 30.
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