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Detained migrants in Florida are allegedly not being included in COVID-19 vaccinations, and are suing the federal agency holding them.
In a motion filed Tuesday in Florida District Court, the detainees claim Immigrations and Customs Enforcement (ICE) hasn’t done anything to protect them from being infected with COVID-19 and now claim ICE isn’t considering vaccination protocols.
The detained migrants allege a “deliberate indifference” to their plight and say there’s no hope they’ll be given shots at all.
This contradicts guidance from the Federal Bureau of Prisons, according to the motion, spelled out in a 31-page report regarding COVID-19 protocols and vaccine rollouts among inmates.
The Centers for Disease Control (CDC) advises inmates along with correctional officers should get priority when it comes to getting COVID-19 shots. However, the guidance is ultimately up to the states to adopt or not.
The detainees argue they should at least be treated similarly.
Immigrations and Customs Enforcement wants the class action lawsuit dismissed and argue the agency has followed all the necessary COVID-19 precautions.
In a previous motion seeking summary judgement, ICE claims it has reduced detainee populations at its facilities, spaced out dining and sleeping areas and said that ultimately the Centers for Disease Control’s guidance wasn’t technically an enforceable law.
The detainees claim in this latest motion ICE is avoiding accounts detailed in affidavits and depositions of inadequate care in preventing COVID-19 spreading in its facilities.
Citing a ruling in their favor last year in June, the detainees say ICE has been already ordered by the courts to improve its COVID-19 protocols.
Migrants being held in Arizona at the time took legal action over the conditions at a facility outside of Phoenix. Forced work without personal protective equipment and overcrowding of cells are alleged in that case, according to NBC News.
The detainees argue CDC guidelines are binding and ICE has to comply, citing court decisions following that case.
“The path to protecting lives and ending the COVID-19 crisis—both inside Defendants’ detention facilities and in the wider world—runs through a successful vaccination program,” the detainees said in their motion opposing summary judgement.
This latest legal filing marks a growing array of litigation stemming from the COVID-19 outbreak. Read the latest on how the outbreak is playing out in courts.
What do you think of the claims from detained migrant that ICE isn’t protecting them from COVID-19? Let us know in the comments below.
The detained migrants are represented by Gregory P. Copeland, Sarah T. Gillman of Rapid Defense Network; Scott M. Edson, Kathryn S. Lehman, Chad A. Peterson of King & Spalding LLP; Rebecca Sharpless, Romy Lerner of the University of Miami School of Law Immigration Clinic; Paul R. Chavez of the Southern Poverty Law Center; Mark Andrew Prada, Anthony Richard Dominguez of Prada Urizar PLLC; Lisa Lehner of Americans for Immigrant Justice and Andrea Montavon McKillip of the Legal Aid Service of Broward County Inc.
The ICE COVID-19 Vaccine Lawsuit is Gayle, et al. v. Meade, et al., Case No. 1:20-cv-21553, in the U.S. District Court for the Southern District of Florida.
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2 thoughts onDetained Migrants Are Suing ICE For COVID-19 Vaccinations
They have nothing coming. If you break the law to get here nothing else should apply.
They should of thought it out better when they came
to another country ILLEGALLY. United States are wussies to even consider it. That’s why all the illegals want to go there. Free stuff.