Washington – Senator Dianne Feinstein (D-Calif.) joined Senator Kamala D. Harris (D-Calif.), Representatives Scott Peters (D-Calif.), Juan Vargas (D-Calif.) and a group of their colleagues to send a a bicameral letter to the Department of Homeland Security Inspector General Joseph Cuffari, requesting a thorough investigation into the recent death of a detained individual at Otay Mesa Detention Center due to the coronavirus. The lawmakers called for the investigation to also include an assessment of what Immigration and Customs Enforcement’s (ICE’s) is doing to prevent detainees and officers from being infected by the coronavirus.

“Members of Congress have requested information from the Department of Homeland Security (DHS) and ICE to understand how the Department manages the risk of COVID-19 outbreaks in detention centers, and we have yet to receive sufficient answers,” the lawmakers wrote. “Based on the scant information that DHS and ICE have made available and public reports, ICE has taken insufficient measures to protect individuals in its custody and staff working in detention facilities.” 

According to an ICE report published on May 27, 1,327 detained persons have tested positive for coronavirus out of 2,620 tested individuals. Extremely close quarters in these facilities make it difficult to follow public health guidelines and social-distancing standards. Access to essential sanitation supplies, like soap or disinfectant cleaner, is unreliable or sometimes wholly unavailable, and medical services are limited.

On May 6, Carlos Escobar-Mejia died at Paradise Valley Hospital in National City, CA after contracting coronavirus in the Otay Mesa Detention Center. He was held in ICE custody for nearly four months and was identified as medically vulnerable after he was hospitalized.

The lawmakers continued, “We urge you to investigate and assess conditions at Otay Mesa, including the sufficiency of policies, protocols, and practices governing decision-making about social distancing, hygiene, and personal protective equipment by both ICE and third-party contractors operating at the facility. We also urge you to identify the actual availability of testing, care, and treatment for detained persons; and the availability of testing for all staff at Otay Mesa, including individuals employed by third-party contractors.”

“Carlos Escobar-Mejia's life was unnecessarily cut short and other lives are now at risk because of the dangerous health conditions in ICE detention facilities,” said Andrea Guerrero, executive director of Alliance San Diego and a member of the Southern Border Communities Coalition. “To prevent further tragedy, it's absolutely imperative that OIG investigate the conditions, care and treatment of detainees, the majority of which are held in southern border states. It's also critical that OIG hold ICE accountable for the jeopardy it has placed people in. We are grateful to Rep. Peters, Rep. Vargas, Sen. Harris, and the Members of Congress who have called for this investigation to bring transparency and oversight to a preventable tragedy and are acting with urgency to save lives.” 

In addition to Feinstein, Harris, Peters and Vargas, the letter was also signed by Senators Richard Blumenthal (D-Conn.), Cory A. Booker (D-N.J.), Sherrod Brown (D-Ohio), Mazie K. Hirono (D-Hawaii), Amy Klobuchar (D-Minn.), Edward J. Markey (D-Mass.), Bernard Sanders (D-Vt), Tom Udall (D-N.M.) and Elizabeth Warren (D-Mass.); and Representatives Nanette Diaz Barragán (D-Calif.), Karen Bass (D-Calif.), Earl Blumenauer (D-Ore.), Ed Case (D-Hawaii), Emanuel Cleaver, II (D-Mo.), Gerald E. Connolly (D-Va.), J. Luis Correa (D-Calif.), Adriano Espaillat (D-N.Y.), Sylvia R. Garcia (D-Texas), Jesús G. "Chuy" García (D-Ill.), Jahana Hayes (D-Conn.), Sheila Jackson Lee (D-Texas), Pramila Jayapal (D-Wash.), Barbara Lee (D-Calif.), Zoe Lofgren (D-Calif.), James P. McGovern (D-Mass.), Jerrold Nadler (D-N.Y.), Eleanor Holmes Norton (D-D.C.), Alexandria Ocasio-Cortez (D-N.Y.), Mark Pocan (D-Wis.), Jamie Raskin (D-Md.), Linda T. Sánchez (D-Calif.), Jan Schakowsky (D-Ill.), Albio Sires (D-N.J.), Jackie Speier (D-Calif.), Rashida Tlaib (D-Mich.), Norma J. Torres (D-Calif.), David Trone (D-Md.), Nydia M. Velázquez (D-N.Y.) and Frederica S. Wilson (D-Fla.).

The letter is available here and below. 

Dear Inspector General Cuffari: 

We write to ask for a thorough investigation into the recent death of a detained person at Otay Mesa Detention Center (Otay Mesa) due to COVID-19. We request that your investigation include an assessment of the sufficiency of U.S. Immigration and Customs Enforcement’s (ICE’s) preparedness for a COVID-19 outbreak, including any measures to prevent its spread among the detained population and ensure the testing, treatment, and care of persons detained at Otay Mesa during this pandemic. Since the beginning of the coronavirus outbreak in the United States, Members of Congress have requested information from the Department of Homeland Security (DHS) and ICE to understand how the Department manages the risk of COVID-19 outbreaks in detention centers, and we have yet to receive sufficient answers. Based on the scant information that DHS and ICE have made available and public reports, ICE has taken insufficient measures to protect individuals in its custody and staff working in detention facilities. 

As of today, 1,327 detained persons have tested positive for COVID-19 out of 2,620 individuals who have been tested,1 although this may be an undercount of the number of infections since ICE has not implemented widespread testing of all detained persons. According to ICE, it has released at least 900 medically vulnerable individuals since March.2 The Otay Mesa Detention Center has suffered the most significant coronavirus outbreak among ICE detention facilities; at least 217 total detained persons have tested positive, including 158 in ICE custody.3 ICE has stated that the agency will consider releasing more detained persons based on medical conditions and public safety considerations.

On May 6, Carlos Escobar-Mejia died at Paradise Valley Hospital in National City, CA after contracting COVID-19 in the Otay Mesa Detention Center. He was held in ICE custody for nearly four months and was identified as medically vulnerable after he was hospitalized. Advocacy organizations have described the following dangerous conditions at Otay Mesa: 

• cells are populated by up to eight people at once with bunk beds fewer than six feet apart;

• when a detained person has tested positive, ICE has “cohorted” dozens of people who were in the same housing unit as that person, which means they were locked up together for two weeks in close proximity despite public health guidance recommending physical distancing to prevent the spread of infection;

• detained persons share sinks, toilets, telephones, and showers, with no disinfectant cleaner available for after use;

• soap runs out frequently and refills are inconsistent, forcing detained persons who cannot afford to buy soap to go without it;

• mealtime is communal, with detained persons lined up in close proximity to receive their meals, compelling them to choose between eating at overcrowded tables or in their cells, close to other detained persons and toilets;4 and

• detained persons have reported insufficient medical services and potential retaliation against individuals who report concerns regarding the same. 

Additionally, a group of 43 individuals currently detained at Otay Mesa describe serious medical neglect by staff at Otay Mesa.5 We urge you to investigate and assess conditions at Otay Mesa, including the sufficiency of policies, protocols, and practices governing decision-making about social distancing, hygiene, and personal protective equipment by both ICE and third-party contractors operating at the facility. We also urge you to identify the actual availability of testing, care, and treatment for detained persons; and the availability of testing for all staff at Otay Mesa, including individuals employed by third-party contractors. 

Your robust and thorough investigation is imperative to preventing COVID-19-related illness and death in ICE custody. In addition to seeking records from ICE and interviewing staff at Otay Mesa, this investigation should include interviews with legal service providers and detained persons (with adequate precautions to prevent retaliation and ensure anonymity) 

Thank you for your time and attention to this matter. We respectfully request a response as soon as possible. 

Sincerely,

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