Lawsuit Claims ICE Denied Medication to Toddler Hospitalized for Respiratory Failure
In a troubling case, an 18-month-old girl, Amalia, was hospitalized for respiratory failure after being detained with her family at a South Texas immigration facility. A federal lawsuit filed recently claims that after her hospitalization, the U.S. Immigration and Customs Enforcement (ICE) denied her access to prescribed medication.
Lawsuit Alleges Denial of Medication to Detained Toddler
Amalia was initially arrested with her family in El Paso, Texas, in December. They were detained at the Dilley Immigration Processing Center, known for its harsh conditions for immigrant families. While in detention, Amalia’s health rapidly declined, prompting her transfer to a children’s hospital in San Antonio on January 18.
Health Crisis and Hospitalization
- Hospital Stay: Amalia spent 10 days at Methodist Children’s Hospital, where she was treated for pneumonia, Covid-19, and RSV.
- Critical Condition: Medical professionals described her state as life-threatening, stating she was at the brink of death.
Upon her discharge on January 28, doctors issued clear medical instructions, including the need for nebulizer treatments and nutritional supplements. However, instead of being allowed to return to a safe environment in El Paso, officials sent Amalia and her mother back to detention.
Denied Access to Necessary Medication
Once back at Dilley, the lawsuit claims that ICE officials confiscated Amalia’s medication and medical equipment. Her parents were forced to endure long waits outside for basic medical needs. Despite repeated requests, they were often turned away without the necessary treatments.
Significant Legal and Advocacy Actions
The legal advocacy effort was spearheaded by Elora Mukherjee, a professor at Columbia Law School. She filed an emergency habeas corpus petition after exhausting attempts to secure Amalia’s release. Reports indicate that the family’s detention and the inadequate medical care put the toddler at extreme risk.
- Increased Scrutiny: Amalia’s case highlights broader concerns about the treatment of children in immigration detention, especially following reports of unsanitary conditions and limited access to necessary medical care.
- Legal Context: Advocates argue that the family should not have been detained, given their compliance with immigration requirements while seeking asylum.
The Department of Homeland Security did not respond immediately to requests for comments. CoreCivic, which manages the Dilley facility, referred inquiries to DHS, asserting that the safety and health of detainees is their top priority.
Impact and Forward-Looking Statements
The family’s release on Friday following the lawsuit represents a significant, albeit temporary, relief in an ongoing struggle. Medical professionals warn that such experiences could have long-term psychological effects on young children.
As scrutiny of family detention centers increases, cases like Amalia’s underscore urgent calls for reform and improved practices within the immigration system. Advocates continue to push for the rights and well-being of vulnerable populations, arguing against the continued use of detention for families seeking asylum.
