DETAINEES WONDER WHETHER THEY’LL SURVIVE THE OUTBREAK
The Universal Declaration was agreed upon at the United Nations General Assembly in Paris on Dec. 10, 1948, and was intended to become a road map to ensure the rights of every person everywhere after the atrocities of World War II.
Article 3 states the following: Everyone has the right to life, liberty and security of person. However, we tend to forget about the crucial lessons that history teaches us. And our sight gets blurred by nationalism, political agendas and societal unawareness — which can all be obstacles that alter the path and objectivity of ensuring fair due process and respect for the human rights of everyone globally.
After joining the nonprofit organization, Al Otro Lado, I became aware of the allegations of intense emotional and physical trauma individuals go through while under the custody of the U.S. Immigration and Customs Enforcement (ICE) and the Customs and Border Protection agencies.
Working on both sides of the San Diego-tijuana border provides me with a unique perspective on the frustration, anxiety, hunger, insecurity, instability and sacrifices that immigrants pass through to have a shot at accessing the United States.
When someone successfully enters the U.S. as an asylum seeker, there are two scenarios that may potentially play out. The asylum seeker may either go with a sponsor living within the U.S. or may go into detention.
By going with a sponsor, migrants get placed in alternative forms of detention, such as the intensive supervision appearance program, and the electronic monitoring device program, in which they still need to go to their future court dates, check-ins and other required appointments while waiting for the immigration judge’s decision.
Yet it makes it easier for the migrant to access vital organizations and resources. The trajectory of their case completely changes, and they are able to be connected to lawyers, therapists, doctors and community centers.
On the other hand, the people who are processed and sent to the Otay Mesa Detention Center are detained in a privately run prison. This scenario makes it almost impossible for individuals to access counsel and succeed in immigration proceedings. Further, it subjects people to medical neglect, abusive settings and dangerous conditions, according to firsthand accounts from detainees we have spoken with.
In 2019, migrants there were infected with mumps, chickenpox and the seasonal flu. Additionally, migrants have complained of abuses by staff members, being denied medical care, withholding of medication, punishments such as solitary confinement and being forced to sign documents without knowing the content.
Recently, we have received written and verbal complaints by migrants who are terrified of dying due to the spread of the novel coronavirus inside the facility. The common thread linking my conversations with detainees revolves around whether they’ll survive the outbreak.
When I speak with detainees, I hear their voices full of resignation, since they feel it is a matter of time until contracting and showing symptoms of the coronavirus. Migrants in detention are not able to adapt to the essential public health measures against the virus and COVID-19, the disease it causes, such as social distancing, adequate hand hygiene and selfisolation. These health and safety precautions are extremely difficult, if not impossible, to exercise in a detention setting.
Over the past three weeks, migrants in detention began hunger strikes and protested with the goal of better conditions and their release from Otay Mesa, as coronavirus cases spiked.
Yet even amidst this global pandemic, ICE hasn’t made efforts at Otay Mesa to substantially release people inside. Numerous protests and legal actions later, we are still waiting for ICE and immigration judges to grant release, all while the spread continues.
Our current administration doesn’t appear to care about the lives and well-being of migrants in detention. We as a community need to work to ensure respect for the human rights of everyone everywhere. During these unprecedented times, we need to be active and aware of the social transformations that are needed. Donate to nonprofits that are helping migrants in detention and call local representatives.
We can make a difference in the lives of members of our community that are most vulnerable, and for those coming out of the shadows of society and are being brought to light along with their suffered injustice by the magnifying glass of COVID-19.
Mercado is a case manager and release coordinator with the nonprofit Al Otro Lado. He lives in South Bay.