House Democrats are preparing to ask the Department of Homeland Security to release all transgender immigrants being held at long-term federal immigration facilities.
“We write to demand the release of all transgender people currently detained by Immigration and Customs Enforcement,” according to a draft copy of the letter obtained by the Washington Examiner. The letter cites a report by the liberal organization Center for American Progress that states, "LGBT people in ICE custody are 97 times more likely to be sexually victimized than non-LGBT people in detention.
"Transgender migrants and asylum seekers are particularly vulnerable to sexual harassment, solitary confinement, physical assault, and medical neglect," the letter says. "These inhumane conditions and systematic abuses are evidenced in countless reports and accounts by formally detained people."
ICE told the Washington Examiner it could not respond to the development at this time. According to data released by the agency last year to Democratic Rep. Kathleen Rice of New York, transgender people make up 0.1% of the detainee population, yet 12% of sexual assault reports to the agency come from transgender detainees,
Quigley's office is working to get lawmakers' signatures on the letter and expects to send it to acting DHS Secretary Chad Wolf and ICE Director Matt Albence later this week. Quigley hopes to make a legal case for the request on the basis that the fiscal 2020 spending report created care standards that the DHS agency has not met. These include the quality of medical care; training personnel to be more sensitive to transgender patients; and the creation of safe units where detainees can be held without fear of being targeted by others in detention. Because they have not honored the standard, ICE is “legally obligated to immediately release all transgender individuals currently in its custody," the letter states. Quigley's office did not immediately respond to an email requesting comment.
The National Center for Transgender Equality pointed to a 2019 incident in which a young transgender woman from El Salvador died in ICE custody.
“Johana Medina Leon, a transgender woman from El Salvador, was only 25 years old when she died in ICE custody last June. ICE has proven incapable of protecting transgender people in custody," Rodrigo Heng-Lehtinen, deputy executive director for policy and action at NCTE, wrote in an email to the Washington Examiner Monday. “Transgender migrants and asylum seekers come to the U.S. for many reasons, including seeking safety from persecution in their countries of origin and for a chance at a better life. They are often fleeing dangerous places where they were attacked for who they are."
ICE's Health Services Corps oversees medical care of all detainees, including a $250 million annual budget in fiscal 2019 for detainees' healthcare needs. Those transferred to ICE from U.S. Customs and Border Protection or arrested within the country receive medical, dental, and mental health intake screenings within 12 hours of arriving at a facility and a full health assessment within 14 days.
