Skip to main content

Government Agencies Shouldn't Be Allowed to Destroy Their Paper Trail of Medical Abuse and Neglect


Last year, Anadith Reyes Alvarez, a medically vulnerable 8-year-old girl, died in Customs and Border Protection (CBP) detention after contract medical staff failed to review her medical records or consult with a physician and refused her emergency medical transport and care. As a court monitor concluded, Anadith’s death was a “preventable tragedy” pointing to an “urgent need” to improve “CBP medical oversight.” Sadly, this kind of medical abuse and neglect is not an anomaly in CBP facilities. Last month, CBP employees blew the whistle, indicating that CBP’s contract oversight office has long been aware of serious violations in the provision of medical care at CBP detention facilities, including significant understaffing, and providing medical services without appropriate medical licenses.

In the midst of these disturbing developments, CBP has requested permission from the National Archives and Records Administration to destroy “medical case files of persons in the custody of U.S. Customs and Border Protection” after 20 years.

The medical records slated for destruction by CBP have long-term value for legal, research, historical, and accountability purposes. That’s why the ACLU and 71 organizations, including the American Immigration Council and the Texas Civil Rights Project, as well as 165 academic scholars, filed a regulatory comment today to challenge CBP’s proposed destruction of these records.

The medical records in question are often the primary evidence of medical care (or lack thereof) received by people in CBP custody, and are key to government accountability efforts to address systemic medical neglect in CBP detention. These records are also critical to legal claims by individuals or their surviving family members — including people who may still have live legal challenges long after the incidents occurred, such as people with disabilities or those who were minors when the abuse or neglect occurred.

These medical records are also of significant historical importance: Historians have frequently turned to the National Archives for primary sources regarding the treatment of immigrants, including the use of health-based criteria as a basis for entry or exclusion, and access to medical care by migrants at the border. Scholars have also examined records from government agencies that provided medical care to immigrants, including the U.S. Public Health Service — a precursor to CBP’s current medical care providers.

Destruction of CBP’s medical records would eliminate an important primary source developed during CBP’s nascent period as an agency — from its establishment in 2003, to a time marked by policies of family separation, and the use of Title 42, a purported public health measure to expel millions of immigrants during the COVID-19 pandemic.

CBP’s plans to destroy medical records will only serve to obscure its tragic record of medical neglect and inhibit efforts to hold the agency accountable. Each day, CBP holds approximately 15,000 migrants in short-term detention facilities while processing them at the border. CBP policy maintains that people should not be detained for longer than 72 hours in these facilities, often small, frigid holding cells commonly referred to as hieleras (“freezers” in Spanish). CBP, however, regularly detains people for as long as 10 days, and in many cases, for over 30 days. Government oversight agencies and advocates have detailed numerous incidents of negligent medical care to people in CBP custody, including denial of care to people with broken bones, a damaged testicle due to injury by a Border Patrol officer, and a ruptured appendix.

An ACLU investigation also highlighted multiple cases of medical neglect in CBP detention, including the denial of care to a pregnant person, which preceded a stillbirth; and withholding of prescription medication for a child detained after undergoing spinal surgery resulting from a car accident. At least five people died in CBP custody in FY 2021 after having a medical emergency.

CBP’s treatment of migrants in its custody needs more transparency and documentation — not less. Like former challenges to the destruction of documents related to immigration detention, government agencies should not be allowed to destroy the paper trail of their incompetence and wrongdoing.

We need you with us to keep fighting
Donate today

Comments

Popular posts from this blog

Arizona’s High Court Must Protect Abortion Access

Today, the Arizona Supreme Court will consider whether to resurrect a more than 150-year-old criminal ban on virtually all abortions. The court’s decision could allow that law to take precedence over Arizona’s modern abortion laws, including those passed just last year by the people’s current elected representatives. This ban was originally struck down in 1973, thanks to a lawsuit brought by Planned Parenthood and physicians in Arizona, and since that time has been superseded by a comprehensive scheme that regulates abortion as a lawful medical procedure. But an anti-abortion activist and County Attorney are now asking the Arizona Supreme Court to turn back the clock. No one should be forced to carry a pregnancy to term against their will and face the life-altering consequences of being denied essential health care, but reviving this antiquated law in full would do just that — and, at the same time, throw Arizona’s entire contemporary legal code into confusion. The origins of Arizo

Fighting Back Against Discriminatory Laws That Impact People Living with HIV

As a Black transgender woman and a former sex worker, it’s not unusual for me to face harassment and profiling from police. Regardless of whether we’re engaged in sex work or not, police frequently target transgender women like myself for searches and arrest, using anything from condoms to cash as “proof” we were engaged in sex work. For those who actually do engage in sex work, the criminalization of that livelihood raises the stakes of police encounters, and laws that criminalize our HIV status even more so. In 2010, I was arrested in Memphis, Tennessee, and charged under the state’s aggravated prostitution statute, a law that raises sex work from a misdemeanor to a felony strictly on the basis of my HIV diagnosis. The law, passed in a wave of fear and panic following the height of the AIDS epidemic in 1991, doesn’t require transmission of HIV, or even an act that could possibly transmit HIV, for prosecution. It applies to everyone living with HIV, regardless of whether they are t

New video by T-Series on YouTube

Aaoge Jab Tum Lofi Mix: Shahid Kapoor, Kareena Kapoor Khan |Jab We Met |Ustad Rashid Khan |Dj Basque Presenting "Aaoge Jab Tum Lofi Mix" from the film Jab We Met. Sung by Ustad Rashid Khan, composed by Sandesh Sandilya and penned by Faaiz Anwar. Remixed by Dj Basque. Song Credits: Song - Aaoge Jab Tum Film - Jab We Met Singer - Ustad Rashid Khan Lyricist - Faaiz Anwar Music Director - Sandesh Sandilya Artist - Kareena Kapoor, Shahid Kapoor Remixed By - Dj Basque Music On - T-Series Download Song Beat: https://bit.ly/3Cjh24R ___________________________________ Enjoy & stay connected with us! 👉 Subscribe to T-Series: https://youtube.com/tseries 👉 Like us on Facebook: https://ift.tt/5cpn7kR 👉 Follow us on X: https://twitter.com/tseries 👉 Follow us on Instagram: https://ift.tt/xMVNSfv View on YouTube