Family of man with lupus alarmed about potential hold by ICE
TUCSON — The family of young Tucson man diagnosed with lupus, an autoimmune disease, said they fear for his health as U.S. immigration officials seek to hold him in detention unless they pay a $12,000 bond.
The prospect of him getting detained comes as the COVID-19 pandemic spreads rapidly through immigration detention facilities around the country.
U.S. Immigration and Customs Enforcement had asked Brayann Lucero, 19, to present himself on Monday morning at the Tucson field office, even though advocates said the agency never issued a formal “notice to appear.”
His family learned through their attorney that ICE planned to take Lucero into custody at that point and detain him until his family paid the bond.
Lucero opted instead not to show up on Monday out of concern for his condition and the risk of exposure to COVID-19 while in ICE detention. He has a prescription for hydroxychloroquine to treat his lupus symptoms. President Donald Trump has falsely touted the drug as an effective treatment for COVID-19, leading to nationwide shortages and adding to the family’s concern.
“They’re threatening him with his life,” said Jesus Lucero, the man’s eldest sibling. “They’re saying if you don’t pay us $12,000 you will be detained, which for someone with lupus, could be a death sentence with no trial.”
The teen’s family in Tucson is instead asking ICE to consider granting him a humanitarian parole in the form of an order of release on his own recognizance, which would avoid them having to pay the bond amount and would also keep him out of immigration detention.
The family said ICE has not explained to them why Lucero needs to pay a bond since there are no charges against him, and the agency hasn’t issued a formal notice to appear.
A spokesperson for ICE in Arizona said they are aware of the case and said the agency would issue a statement on Monday. They had not done so as of Monday afternoon.
Outbreaks at detention facilities
Lucero and his family’s concerns over his health while in immigration detention are substantiated. Detention centers nationwide are grappling with COVID-19 outbreaks. More than 2,000 migrants in ICE detention have tested positive to date.
ICE statistics show that as of Monday afternoon, 233 migrants in Arizona have tested positive for COVID-19 at four immigration detention centers in Eloy and Florence, since testing began in February. That number includes 153 migrants who are still in ICE custody and are currently under isolation or monitoring at the four detention facilities.
In particular, the Eloy Detention Center has seen a large uptick in cases in the past few days. Officials there are currently monitoring or isolating 122 migrants who tested positive, one the largest outbreaks at any ICE detention facility anywhere in the country.
On Monday morning, Lucero’s family members and supporters gathered outside ICE’s field office in Tucson. They submitted several documents to ICE in support of Lucero, including affidavits from his doctor and other medical experts, as well as from his family and friends.
They also held a virtual press conference, advocating for ICE to grant him humanitarian relief that would him to remain at home.
Lucero has lived in Tucson since he was 2 years old. He was granted Deferred Action of Childhood Arrivals, or DACA, but his permit expired and is pending renewal, his family said.
Nicole Lucero, one of his three younger siblings who were born in Arizona, described the impact his possible removal and deportation would have on their family. She said their 2-year-old sister, who has Down syndrome, was especially fond of Lucero.
“When she is with Brayann, she is very happy because Brayann is always dancing and playing with her,” she said. “Brayann is an essential member of her life. Everyone in this home needs him by our side.”
Lucero’s family said Brayann was diagnosed with lupus in 2018. Jesus, his older sibling, said his condition had worsened some time ago to the point where Lucero was unable to stand up. He’s doing better now, Jesus added, but they feared that holding him in immigration detention would cause his condition to deteriorate.
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Doctors warn of consequences
Sarah Roberts, a Tucson nurse and member of humanitarian group No More Deaths’ medical team, read a statement Monday from two doctors who had reviewed Lucero’s medical records and determined that placing him in immigration detention would certainly have negative consequences on his health given his lupus diagnosis.
“Mr. Lucero has stage two hypertension . ... It is now well known that hypertension is a risk factor for COVID-19, affecting nearly 50% of adults with underlying medical conditions,” Roberts said, reading an opinion from Dr. Katherine Peeler, a Harvard professor and medical expert for Physicians for Human Rights.
Lucero’s condition requires “frequent medical follow up,” Roberts said, adding that by placing him in ICE detention “he would be unable to receive the care he needs.”
In recent months, advocacy groups around the country have filed several lawsuits against ICE seeking the release of detainees with serious health conditions that place them at greater risk of illness or death due to COVID-19.
A federal judge in California presiding over a class-action lawsuit tasked ICE in April with tracking and reviewing the detention of migrants held at its facilities who met the criteria for heightened risk, which includes people with autoimmune diseases like lupus.
As of June 12, ICE said they had released 465 detainees nationwide, although none of those releases were in Arizona.
However, the agency identified in May more than 4,400 detainees who presented risk factors that made them more susceptible to COVID-19, the nonpartisan think tank Center for Migration Studies of New York reported.