Judge Chhabria has had enough of ICE and GEO’s failure to protect people from COVID!
“From the start of the public health crisis until now, the conduct of the key ICE and GEO officials in charge of operations at Mesa Verde has been appalling.”
“From the start of the public health crisis until now, the conduct of the key ICE and GEO officials in charge of operations at Mesa Verde has been appalling.”
https://twitter.com/lccrsf/status/1334664841550680065
“These [ICE and GEO] officials knew that they needed a clear and detailed plan to minimize the risk of an outbreak (and to contain an outbreak if one occurred), but nine months later they still have not created one. They deliberately avoided testing detainees ...”
“... and staff for fear that the results would require them to take expensive and logistically challenging safety measures. They failed to address the safety concerns created by Mesa Verde’s unique layout, which makes it far more dangerous ... “
“ ... from a contagion standpoint than the typical jail or prison. They opposed bail for detainees on a blanket basis—even for those who clearly posed no danger to the community and were obviously not a flight risk. They gave false testimony several times in these court ... “
“ ... proceedings, on matters of importance. And at least one ICE official with significant decision- making authority over Mesa Verde obstructed the proceedings by effectively refusing to answer, during his deposition... “
“... even the most basic questions about ICE’s response to the pandemic.”
Judge Chhabria accuses one of the ICE officials that oversees the Mesa Verde Detention Center of “false statements made under oath” at a recent evidentiary hearing!
ICE and GEO officials were repeatedly warned that they needed a facility-specific plan to protect against a COVID outbreak in Mesa Verde, and even by mid-July and after at least one "dodged bullet," they still didn't have one! This is textbook deliberate indifference.
Wow! Judge Chhabria not mincing words, coming right out and accusing GEO of deliberately failing to require mandatory COVID tests for staff because "adopt[ing] safety measures" would hurt the company's bottom line.
ICE and GEO asked Judge Chhabria to lift his court order since they now have a 2-page "Detainee Intake Procedures plan."
His response is brutal: "There is a difference between having a plan and having the willingness and/or ability to execute that plan."
His response is brutal: "There is a difference between having a plan and having the willingness and/or ability to execute that plan."
Chhabria tears into the ICE official in charge of Mesa Verde:
"Given Pham’s misrepresentations to the Court in sworn declarations...his evasive responses during his videotaped deposition testimony...it is difficult to put faith in a plan that depends on Pham acting responsibly."
"Given Pham’s misrepresentations to the Court in sworn declarations...his evasive responses during his videotaped deposition testimony...it is difficult to put faith in a plan that depends on Pham acting responsibly."
After listing a litany of problems with ICE's intake plan, Judge Chhabria crafts his own specific requirements for ICE to protect detainees from COVID, including strict testing requirements, social distancing requirements (which will likely mean releases), and more.
Anyway, here's a link to the decision. It is one of the most unforgiving looks at the failures of government officials to protect the people they keep locked up from getting COVID, and the perverse incentives of the private prison companies involved. aclusocal.org/sites/default/…
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