ICE Detainees In Newark At Risk Of Death In Coronavirus: Lawsuit

NEWARK, NJ — Immigrant detainees across the state face a “heightened risk of death” due to the new coronavirus. And that’s why the American Civil Liberties Union of New Jersey is suing to get two of them released, advocates say.

On Monday, the ACLU-NJ announced that it has filed a lawsuit on behalf of two men with serious illnesses imprisoned at the Essex County Correctional Facility in Newark. The jail, which holds a mix of inmates and federal ICE detainees, has seen several confirmed cases of COVID-19.

• See related article: More Coronavirus At Essex County Prison; Activists Keep Up Outcry

According to the ACLU, the men – both immigrant detainees – have medical conditions that make them particularly susceptible to the coronavirus that causes COVID-19. READ MORE: NJ Coronavirus Updates (Here's What You Need To Know)

One of the plaintiffs, a father who came to the United States over two decades ago as a refugee, had open-heart surgery before entering detention and has diabetes, high blood pressure and high cholesterol. The second plaintiff, a father who has lived in New Jersey for over a decade, has diabetes and high cholesterol, and has been coughing up blood, the group said.

The ACLU stated:

“There is growing recognition among medical experts, as well as courts and prisons, that release from detention is the only way to protect people from COVID-19. Government officials in New Jersey and nationally have recognized the heightened risks of COVID-19 transmission in detention facilities, and the need to release people from detention in the interest of public health.”

The ACLU pointed out that in New Jersey, hundreds of low-risk detainees have been released since state Supreme Court Chief Justice Stuart Rabner signed an order calling for the temporary release of up to 1,000 inmates in county jails earlier this month.

At the conclusion of the public health emergency, those released from jail must appear before the court to determine whether their custodial sentences should be reinstated or commuted.

“ICE has also released a smaller number of people with medical conditions, but others, like our clients, remain detained with their lives at risk,” the group stated.

• See related article: Judge Orders Release Of 10 ICE Detainees In NJ Amid Coronavirus

“The dire situation in civil detention facilities makes the release of our clients a matter of life and death,” ACLU-NJ staff attorney Farrin Anello said. “In ICE detention, close contact and a lack of access to basic supplies are facts of life – it is simply impossible to maintain social distancing in these environments, which have become hotbeds for transmission of COVID-19.”

The ACLU’s lawsuit is the fourth it has filed around the country in the last two weeks, with more to come, said Eunice Cho, senior staff attorney at the ACLU’s National Prison Project.

“ICE must do its part to flatten the curve along with everyone else by releasing people from its custody, starting with the most vulnerable to serious illness or death,” Cho said.

• See related article: Wife Fears For Husband In Newark Halfway House Amid Coronavirus

COVID-19 AT ESSEX COUNTY CORRECTIONAL FACILITY

According to Essex County officials, as of Monday morning, several positive cases of COVID-19 have been diagnosed at the Essex County Correctional Facility. They include:

• Essex County Correctional Staff – 4
• ICE Detainees – 1

The Essex County Correctional Facility (ECCF) isn’t the only prison in Newark that’s seen cases of COVID-19, officials said. As of Monday morning, five inmates at Delaney Hall in Newark have tested positive for the virus.

• See related article: Stuck In Jail During A Pandemic; Coronavirus Hits NJ Prisons

So far, 60 Essex County inmates – 39 at ECCF and 21 at Delaney Hall – have been released from both prisons based on a request of relief by the Office of the Public Defender, county officials said.

ICE has released 26 at risk detainees in New Jersey as of Monday, officials said.

Send local news tips and correction requests to eric.kiefer@patch.com

Don’t forget to visit the Patch Newark Facebook page. Learn more about posting announcements or events to your local Patch site. Sign up for Patch email newsletters.