Seven people detained at California’s largest Immigration and Customs Enforcement (ICE) detention center have sued the US government, alleging they have been denied essential medications, frequently go hungry, and are housed in a “decrepit” facility.
The federal class-action complaint filed against ICE on Wednesday challenges the “inhumane conditions” at the California City detention center, which opened in late August inside a shuttered state prison. The suit alleges “life-threatening” medical neglect, with the plaintiffs saying they have been denied cancer treatment, basic disability accommodations and regular insulin for diabetes.
The facility is run by CoreCivic, a private prison corporation, which is not a named defendant.
Residents have raised alarms about the facility for two months, with some describing it as a “torture chamber” and “hell on earth” in interviews.
California City is located in the remote Mojave desert, 100 miles (160km) north-east of Los Angeles. It can hold more than 2,500 people, increasing ICE’s California detention capacity by 36%. It currently detains more than 800 people, lawyers say.
Tricia McLaughlin, Department of Homeland Security’s assistant secretary, said in an email that claims of “subprime conditions” at the detention center are “false”, writing: “No one is denied access to proper medical care.”
The suit, which alleges constitutional violations, describes conditions as “dire”, saying: “Sewage bubbles up from the shower drains, and insects crawl up and down the walls of the cells. People are locked in concrete cells the size of a parking space for hours on end.”
Temperatures inside are “frigid”, and detained residents who cannot afford to buy roughly $20 sweatshirts “suffer in the cold, some wearing socks on their arms as makeshift sleeves”, the complaint alleges; meals are “paltry”, and people who cannot afford to buy supplemental food go hungry.
Even though residents are detained for civil immigration violations, not criminal offenses, California City “operates even more restrictively and punitively than a prison”, the lawyers say. Families are forced to visit their relatives behind glass, with parents denied the ability to hug or touch their children, and the facility “sharply limits access to lawyers, leaving people bewildered and largely incommunicado”, the suit alleges.
McLaughlin of DHS said detained people are provided three meals a day and dietitians evaluate the meals to “ensure they meet the appropriate standards”. She said they “have access to phones to communicate with their family members and lawyers”, adding: “ICE has higher detention standards than most US prisons.”
The residents are coming forward as the homeland security department continues to ramp up immigration raids nationally, bolstered by $45bn to expand ICE capacity, with the goal of detaining more than 100,000 people. Civil rights lawsuits have repeatedly raised concerns about detention conditions across the country.
The plaintiffs are represented by the Prison Law Office, the Keker Van Nest and Peters law firm, the American Civil Liberties Union, and the California Collaborative for Immigrant Justice.
Requests for medical attention “go unanswered for weeks or are never answered at all”, the complaint states. People with disabilities have allegedly struggled to access essential services, including wheelchairs. One man, whose glasses were confiscated at intake and had difficulty seeing objects in front of him, fell getting off his bunkbed and was hospitalized, the suit says.
Jose Ruiz Canizales, a detained plaintiff who is deaf and does not speak, has been at California City since 29 August, but has only communicated once with staff through a sign language interpreter via video, the complaint says. When he tries to communicate, staff “often shrug their shoulders, walk away, or laugh at him”. The impact on his mental health was so severe, he was hospitalized for an anxiety attack.
Yuri Alexander Roque Campos, another plaintiff, has a heart anomaly requiring daily monitoring and medication, but since he arrived at California City on 5 September, he has been denied medications “for days at a time”, his lawyers wrote, resulting in two emergency hospitalizations for severe chest pain. A hospital doctor allegedly told him “he could die if this were to happen again”, but the lawsuit says he has yet to see a cardiologist and still lacks consistent medication.
Sokhean Keo, who previously spoke of his temporary hunger strike to protest conditions, witnessed a friend’s suicide attempt at the facility and remains traumatized by flashbacks, lawyers wrote.
“I’m bringing this lawsuit to try to help end the suffering and pain that I see in here,” Keo said in a statement shared by his attorneys. “ICE is playing with people’s lives, and they treat people like they’re trash, like they’re nothing.”
When residents do see doctors, “the care they receive is dangerously poor”, according to the complaint, with providers failing to document exams, address abnormal lab results or order timely treatment.
Fernando Viera Reyes, a plaintiff transferred to California City in late August, had a pending biopsy appointment to formally diagnose and begin treatment for prostate cancer, but his request to see a doctor went unanswered for weeks, and he still has not seen a urologist nor received testing for his condition, the suit says. His bloodwork and bleeding with urination suggests his cancer may have metastasized, his lawyers said.
Plaintiff Fernando Gomez Ruiz, a father of two and LA resident for 22 years, was arrested by ICE in early October while at a food truck outside a Home Depot, the complaint says. Since his arrival at California City in mid-October, he has not received regular insulin for his diabetes, leading to elevated blood sugar and a “large, oozing ulcer on the bottom of his foot”, the suit says. He says he has been forced to cover his wound with “soiled bandages and bloody shoes” and is worried he will need amputation.
DHS did not respond to the detailed healthcare claims in the lawsuit, but McLaughlin said ICE provides “comprehensive medical care from the moment” people are detained: “This includes medical, dental, and mental health intake screening within 12 hours of arriving at each detention facility, a full health assessment within 14 days of entering ICE custody or arrival at a facility, and access to medical appointments and 24-hour emergency care.” She said ICE “provides necessary accommodations for disabilities”.
CoreCivic did not immediately respond to inquiries. A spokesperson told the Guardian in late September that the company “takes seriously [its] role and responsibility to provide high-quality healthcare, available 24/7” and follows healthcare standards established by government partners. Residents have “daily access” to sign up for care, prescribed medications are managed by healthcare staff “or by the individuals themselves” and nurses “promptly inform the ordering physician when renewals are required”, the company said.
The plaintiffs also accused staff of “abusive” behavior and “unreasonable use of force”. On 29 September, staff entered the cell of a person detained in “administrative segregation”, a form of restricted housing, and hit him with riot shields, even though he was already handcuffed, and held him down with their knees on his back, the complaint says.
On 3 October, Gustavo Guevara Alarcon, another plaintiff, said he witnessed an officer pepper-spraying a man who did not speak English, after the man did not understand the officer and turned to walk away.
In another alleged incident on 9 October described in the lawsuit, people were screaming for help due to an attempted suicide, and a person stepped out of his cell to observe. A staff member, who was holding a drill for maintenance work, ordered the person to get his “ass inside”, threatening to “make a hole in your chest”, and the man allegedly got a disciplinary write-up for being outside his cell.
“California City’s punishing conditions are punishing by design,” said Tess Borden, a supervising staff attorney at the Prison Law Office. “ICE and DHS are using detention as a threat to immigrants who decide to stay in America, and they’re making good on that threat at California City. Many people have agreed to deportation, and some even attempt to take their own lives, because the conditions at the facility are so unbearable.”
McLaughlin did not respond to accounts of the specific incidents, but said ICE places people in segregation for “their own protection or protection of others”, adding: “Ensuring the safety, security, and well-being of individuals in our custody is a top priority … ICE is regularly audited and inspected by external agencies to ensure that all ICE facilities comply with performance-based national detention standards.”
