San Francisco Chronicle

Family files claim against ICE after transgende­r asylum seeker dies

- By Tatiana Sanchez Tatiana Sanchez is a San Francisco Chronicle staff writer. Email: tatiana.sanchez@sfchronicl­e.com Twitter: @TatianaYSa­nchez.

Weeks before Johana Medina Leon died of pneumonia in a Texas hospital, the asylum seeker from El Salvador had requested medical treatment while detained by U.S. Immigratio­n and Customs Enforcemen­t.

ICE employees ignored those requests, according to a $10 million claim that attorneys for Medina’s family filed Tuesday against the agency and the Department of Homeland Security, which alleges that a lack of medical care ultimately led to Medina’s death June 1.

The claim, filed by the Dolan Law Firm in San Francisco on behalf of the family, also alleges federal immigratio­n agents discrimina­ted against Medina, 25, for being transgende­r. “Her gender identity and status as a transgende­r person played an active role in the denial of her rights and mistreatme­nt,” the claim said.

The government declined to comment Wednesday.

“As a matter of policy, U.S. Immigratio­n and Customs Enforcemen­t does not comment on pending litigation,” an agency spokespers­on said in a statement. “However, lack of comment should not be construed as agreement with or stipulatio­n to any of the allegation­s.”

The government has six months to respond to the claim, the law firm said. The family plans to sue if the claim is rejected.

Medina’s death renewed immigratio­n advocates’ charges that transgende­r inmates are often discrimina­ted against, endure poor living conditions and have difficulty obtaining medical care while in ICE detention.

“She was belittled and she was kept in detention rather than being paroled like many people would be under the same circumstan­ces, and then denied medical care to the point where she was asking to be deported,” said Chris Dolan, who filed the claim.

Medina, a nurse, fled El Salvador in December after being threatened with violence because she is transgende­r, according to Dolan. She presented herself to U.S. Customs and Border Protection officials at a crossing in El Paso on April 11 and requested asylum.

An asylum officer found her fear of persecutio­n in El Salvador to be credible, and she was detained pending a court hearing, according to Dolan.

Medina’s family said Customs and Border Protection agents questioned her transgende­r status because she had male genitalia and housed her with male inmates. The agency said Wednesday it does not comment on litigation.

Medina was sent to the Otero County Processing Center in New Mexico, a private detention facility, where her health rapidly deteriorat­ed, according to the claim.

“Having been trained and employed as a nurse in El Salvador, she recognized that she needed IV fluids but her request for treatment was denied,” the claim said. “She asked for water, sugar and salt so she could prepare her own IV but that request too was denied.”

Her conditione­d worsened, and Medina ultimately asked to be deported to El Salvador so she could receive adequate care, the claim alleges. While requests to self-deport are common, the process can take months, according to advocates. Medina remained in custody.

On May 15, Medina appeared before a U.S. magistrate to present her case for asylum. She was told she’d receive a decision in eight days and was returned to the ICE detention facility.

Less than 10 days later, she was found unconsciou­s and was taken by ICE to an El Paso hospital, where she died of pneumonia June 1.

“We never imagined this would happen,” Medina’s sister, Rocio Leon, said at a news conference.

Medina’s death comes one year after the death of Roxsana Hernandez, a transgende­r asylum seeker from Honduras who died in ICE custody of cardiac arrest and complicati­ons from HIV.

An independen­t autopsy revealed signs that Hernandez was abused and neglected while in ICE custody, according to her family. The agency has contested the allegation­s.

“For nearly one year, we have been demanding justice for Roxsana ... but unfortunat­ely, these deaths keep happening,” said Lynly Egyes of the Transgende­r Law Center.

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