ACLU Sues Ice For Release Of Ohio Immigrants Due To Coronavirus

CHARDON, OH — At least four immigrants currently held in Ohio facilities could die if they contract the new coronavirus, according to a lawsuit filed by the American Civil Liberties Union of Ohio. The organization is seeking the immediate release of these detainees from U.S. Immigration and Customs Enforcement (ICE) facilities.

"The spread of this disease will turn detention into a death sentence. Our clients must be released to their families and communities where they can be safe," said Elizabeth Bonham, staff attorney for the ACLU of Ohio.

The lawsuit filed by the ACLU says immigrants like Romel Amaya-Cruz, originally from El Salvador, could face grave consequences if they are not released. Amaya-Cruz has been held in ICE detention in Geauga since 2018.

Amaya-Cruz is HIV-positive and suffers from several health complications, including brain lesions, toxoplasmosis (a parasitic infection found commonly in immunocompromised patients) and toxoplasmic encephalitis (swelling on the brain).

"Since entering Geauga, Mr. Amaya-Cruz has had a heightened level of HIV present in his body, yet has been unable to see the physician who has normally managed his HIV medication regimen. Mr. Amaya-Cruz also suffers from chronic headaches, eczema, and neck pain. As a consequence, he is at high risk for severe illness or death if he contracts COVID-19," the lawsuit states.

Other detainees named in the lawsuit are battling latent tuberculosis, hypertension, asthma, high cholesterol, and untreated, persistent coughing, the ACLU argued.

The lawsuit specifically seeks the release of anyone who may be at high-risk if they contract COVID-19, including immigrants with underlying medical conditions. The lawsuit targets two ICE facilities in Ohio, one in Geauga County and the other in Seneca County. Similar lawsuits have been filed around the nation.

There is no known vaccine, cure or treatment for COVID-19. Officials with the ACLU said this means the only protection against the virus is social distancing and strict hygiene, which is "virtually impossible" in a detention setting.

A spokesperson for ICE declined to comment on the lawsuit, but offered the following statement, "Due to the unprecedented nature of COVID-19, U.S. Immigration and Customs Enforcement is reviewing cases of individuals in detention deemed to be at higher risk for severe illness as a result of COVID-19."

ICE officials said they will review every individual detainee on a case-by-case basis.

"Utilizing CDC guidance along with the advice of medical professionals, ICE may place individuals in a number of alternatives to detention options. Decisions to release individuals in ICE custody occur every day on a case-by-case basis," the ICE spokesperson told Patch in an email.

The ACLU of Ohio has shared its full lawsuit online.

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• More Than Half Of Ohio's Inmates Quarantined Due To Coronavirus