New Jersey has initiated a civil rights investigation into conditions at Delaney Hall, a privately run Immigration and Customs Enforcement (ICE) detention facility in Newark. This move comes after the deaths of detainees and allegations regarding inadequate medical care. The state Division on Civil Rights aims to determine if GEO Group employees at the facility violated civil rights.
Details of the Investigation
The investigation will evaluate whether GEO Group employees’ actions or omissions breached the civil rights of those detained. Jennifer Davenport, from the Attorney General’s office, emphasized the state’s obligation to uphold detainees’ rights to humane treatment and necessary medical care.
“New Jersey has a legal and a moral duty to stand up for the civil rights of people in our State,” said Davenport. “We will take every action available under law to safeguard these core legal principles.”
Yolanda N. Melville, Director of the Division on Civil Rights, stated their investigation would be methodical and guided by the state’s legal protections.
The investigation follows scrutiny of the facility due to alleged inadequate medical treatment. Inquiries have been stimulated by detainee deaths and public protests.
Incidents at Delaney Hall
Edwin Lopez-Cornejo’s death is a focal point of the investigation. The Salvadoran national was detained at Delaney Hall before dying from a medical emergency. His family’s concerns about his health care raised questions about the treatment he received. Another detainee, Jean Wilson Brutus, died from a pulmonary embolism, initially thought to be natural causes.
Public Reaction and Protests
Protests have erupted over conditions at Delaney Hall, involving both detainees and the public, leading to clashes with law enforcement. Previous hunger and labor strikes addressed poor living conditions and lack of proper medical care. The events prompted calls for stricter supervision of the facility.
A protester struck by a car during a Father’s Day demonstration plans to take legal action against federal immigration authorities and GEO Group.
Legal Rights of ICE Detainees
Detainees in ICE facilities retain several critical legal rights. Although these detentions are civil proceedings, detainees are subject to ICE standards for medical care, legal access, and communication.
ICE’s National Detention Standards mandate detainees have access to necessary medical services at no cost. Facilities must provide emergency, specialty care, and timely responses to medical concerns.
“ICE has important obligations under the U.S. Constitution and other federal and state law when it keeps an individual in custody,” state the guidelines. They outline expectations for humane treatment and protection from harm.
Medical Care and Legal Access
The Institute for Health Policy and Leadership notes ICE must adhere to constitutional due process, which includes providing essential health care. Access to legal representation is another detainee right, although the government does not provide attorneys free of charge. Detainees can seek assistance from authorized representatives and non-profit organizations.
Communication and Grievances
Detainees have the right to communicate with family through designated systems. ICE guidelines assure visits from family and friends are possible to support detainee morale. Facilities must allow contacts with legal representatives and consular officials.
Detainees can file grievances over facility conditions. ICE guidelines require a systematic process for handling complaints and written responses. The process must protect against retaliation for grievances, and provide accommodations for those with limited English proficiency or disabilities.
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