Detention Watch Network, How ICE Detention Contributed to the Spread of COVID-19 in the United States, 2020
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HOTBEDS OF INFECTION How ICE Detention Contributed to the Spread of COVID-19 in the United States Accnowledgements Authors This report was a collaborative effort of Detention Watch Network (DWN) and the primary authors, Gregory Hooks and Bob Libal, with contributions from Setareh Ghandehari of DWN. Additional review and edits were provided by Aimee Nichols, Carly Pérez Fernández, and Silky Shah. Gregory Hooks Bob Libal Gregory Hooks is Professor of Bob Libal is a nationally recognized Sociology at McMaster University. organizer, writer, and strategist who In prior research, he has challenged has worked for more than 15 years on the widespread belief that prisons issues related to prison privatization, bring jobs and other economic immigration enforcement, and mass benefits to host communities. More incarceration. Bob is author or co-author broadly, his research examines spatial of numerous reports and articles and inequality, inequality and social policy, is regularly interviewed by national, environmental inequality (from both regional, and local press on issues military and civilian sources), and peace, related to prison privatization, criminal war and development. justice reform, immigration enforcement, and the business of prisons. About Detention Watch Network Detention Watch Network is a strategy and build partnerships on a national coalition of organizations local and national level. and individuals building power through collective advocacy, grassroots organizing, and strategic communications to abolish immigration detention in the United States. Founded in 1997 by immigrant rights groups, DWN brings together advocates to unify Design: Martyn Andrés Bonaventura Cover Image: Fernando Lopez © December 2020 Detention Watch Network Visit www.detentionwatchnetwork.org — Page 2 — Introduction Since the World Health Organization immigration detention system, operated (WHO) declared COVID-19 a global by ICE, has a well-documented history pandemic on March 11, 2020, the virus of medically negligent and abhorrent has devastated communities around the conditions.3 Experts have long world. The United States has seen more condemned the agency for violating than twelve million confirmed cases international norms and placing the at the time of writing this report, the health and welfare of detained people at highest in the world. risk. Despite the overwhelming evidence, The U.S. response to the deadly virus continues to be an example of what not to do, largely ignoring the advice of public health professionals and other experts, doing little to stop the spread of infection, and displaying a callous disregard for the safety and health of its residents. The results have been the restrictive and punitive detention system has continued to grow over the last several decades. While these defects and steady growth of the system predate 2016, the Trump administration further expanded the detention system, promoted punitiveness, and degraded health and safety conditions.4 both tragic and predictable. Federal and state policies have been inconsistent and ineffective, and medical supplies (from personal protective equipment [PPE] to testing supplies) have been unavailable.1 In short, the U.S. has failed — and continues to fail — spectacularly. With roughly five percent of the world’s population, the U.S. accounts for 20 percent of COVID-19 cases and deaths ICE’s failure to release people from detention during the pandemic worldwide.2 added over 245,000 cases The response of Immigration and to the total U.S. caseload. Customs Enforcement (ICE) to the pandemic also played a role in the spread of COVID-19. The U.S. — Page 3 — Recommendations The immigration detention system In this context, it is not surprising is cruel and unnecessary. Its defects that ICE detention facilities have are only heightened during a global been uniquely vulnerable to the health crisis. People navigating their novel coronavirus, with an infection immigration cases should be able to rate that far outweighs the infection do so with their loved ones and in rate among the population. community, not behind bars. Immigration advocates and public health officials warned of these risks The only just and long-term solution is to free all people from detention. in March and made clear the only In the meantime, distance. People in detention fearing way forward was to immediately release people from detention so that they could safely socially for their lives have spoken out and 1. ICE must immediately heed the protested, asking to be released in advice of public health experts one of the few ways that they can: by significantly and quickly reducing the number of people in detention. 5 2. ICE must halt enforcement activities. 3. ICE must halt all transfers within the immigration detention system as well as all transfers from state and local jails and prisons. 4. ICE must adopt a moratorium on deportations in conjunction with the above recommendations. refusing meals. From March to July 2020, nearly 2,500 people joined in COVID-19-related hunger strikes in detention centers nationwide.6 ICE refused to heed the warnings and even evaded court orders requiring them to reduce numbers.7 As expected, the virus swept through the ICE detention system, impacting detained people and those working in detention facilities at disproportionate rates, as well as their families.8 The impact of ICE’s failure to adequately respond to the pandemic — Page 4 — was far reaching and multilayered. Based on the findings of this report, ICE’s People working at detention centers failure to release people from detention travel to and from their homes and during the pandemic added over communities, potentially introducing 245,000 cases to the total U.S. caseload. the virus both to people detained and to their communities. Multiple reports revealed that those working in ICE detention centers were not regularly wearing PPE. In addition, detained ICE’s deadly detention system people were not given adequate access ICE operates a sprawling network of 221 to soap or PPE.9 Further, ICE’s continued dedicated and non-dedicated detention and irresponsible transfer of people facilities throughout the U.S.12 This throughout the detention system also system has proven deadly to those it facilitated the spread of the virus.10 As detains. More than 200 people have community transmission surged out died in ICE custody since the creation of of control in the spring and summer of the Department of Homeland Security 2020, counties with detention facilities (DHS) in 2004. In Fiscal Year (FY) 2020, and surrounding counties endured 21 people died in ICE detention.13 Even higher rates of infection. Even as excluding deaths due to COVID-19, FY COVID-19 cases have surged across the 2020 was the deadliest year for people country, ICE has ramped up enforcement detained by ICE since 2005.14 activities,11 creating a recipe for disaster for those in detention and surrounding communities. This report adds to the body of research that points to ICE’s abuse and medical neglect of people in detention, and its failure to adequately respond to the ongoing COVID-19 pandemic. ICE’s failure to release people led to higher numbers of COVID-19 cases in counties where detention centers are located and the economic areas that surround them. — Page 5 — People navigating their immigration cases should be able to do so with their loved ones and in community, not behind bars. (t were exposed while in custody.17 exposure to mumps and chicken pox. Prevention (CDC), 84 percent of patients 10 detained people at the time — for to the Center for Disease Control and in quarantine — or about one in every mumps cases in 57 facilities. According In 2019, ICE had to place 5,200 people August 2019, there were 898 reports of spreads rapidly through the system. between two ICE detention centers. By have long warned infectious disease mumps among immigrants transferred medical neglect.15 Public health officials Services reported five confirmed cases of products, inadequate food, abuse, and the Texas Department of State Health including lack of access to basic hygienic contagious diseases. In October 2018, that typify immigration detention, appropriately respond to outbreaks of documented the egregious conditions ICE has repeatedly failed to Detention Watch Network has previously Advocates attributed the outbreaks to inadequate medical care in a lawsuit against the agency.16 ADELANTO DETENTION CENTER | PHOTO CREDIT: ALONSO YÁÑEZ, LA OPINION — Page 6 — COVID-19 in ICE detention facilities were detained in facilities with active Against this backdrop, it is no surprise tested positive shortly after their that COVID-19 spread rapidly in the deportations.20 ICE detention system. Throughout the pandemic, ICE failed to provide adequate supplies of soap and PPE to people in detention and to detention center staff. Testing was inadequate and irregular. As of November 19, 2020, ICE has reported 7,339 positive cases among detained people out of a total of 62,080 individuals who had been tested. To date, eight people in ICE detention have died of complications from COVID-19.18 The number of those who have died due to COVID-19 contracted at ICE facilities may, in fact, be higher. It is possible that a number of people contracted the virus in detention, were not tested, and then passed away after being released from detention or deported. COVID-19 cases without testing them. People deported to countries including India, Haiti, Guatemala, and El Salvador At the Stewart Detention Center in Columbus, Georgia, three detained people have died and at least 379 have tested positive for the virus. Santiago Baten-Oxlaj, a 34-year-old Guatemalan immigrant, died in May. Mr. Baten-Oxlaj was detained for six weeks at Stewart and was infected with the virus during his detention.21 Weeks before his death, people detained at Stewart went on hunger strike demanding the most basic health precautions and advocacy groups demanded their release.22 In May, officials in Pearsall, Texas raised the alarm after every local case of COVID-19 could be traced back to ICE’s negligence at the South Texas In at least one detention facility — the Mesa Verde ICE Processing Center ICE Processing Center. Local officials expressed concern that GEO Group, the company that operates the facility, failed in Bakersfield, California — ICE purposefully rejected universal testing because it would be too difficult to to respond to emails or properly keep the community appraised as the virus quickly spread in the facility.23 quarantine all detained people who may test positive.19 ICE has even In August, a federal judge ordered been blamed for spreading the virus internationally by deporting people who ICE to stop transferring people to the detention center in Farmville, Virginia — Page 7 — after 339 detained people tested positive 1. Counties with ICE detention centers for COVID-19. The judge commented were more likely to report COVID-19 that social distancing was not enforced cases earlier in the pandemic than and that many staff at the facility did counties without a detention center. not wear proper protective equipment, Not only were counties with ICE including masks.24 facilities more likely to see an initial case in the spring of 2020, these In October, the conditions devolved so counties were also more likely to badly at the nearly 2,000-bed Adelanto confront a serious outbreak (at Detention Center in California that a least 15 cases), a major outbreak federal judge ordered the administration (more than 250 cases) and a health to immediately begin releasing people care emergency (more than 2,500 from detention. More than 160 people confirmed cases). in detention and 30 staff members were infected at the facility, even as ICE and 2. The heightened risk was not limited GEO Group attempted to expand the to the county where an ICE detention facility. facility was located. Nearby counties 25 were also more likely to confront a ICE’s failed response contributed to the spread of COVID-19 throughout the country serious COVID-19 outbreak in the spring of 2020. 3. As the pandemic raged in the summer of 2020 (May – August), COVID-19 spread more rapidly in economic areas with ICE detention facilities. Our analysis explores how ICE’s failures contributed to the spread of COVID-19 across the country, adding to the 4. Larger ICE detention facilities contributed to accelerated growth in body of research documenting ICE’s COVID-19 cases in nearby counties. mismanagement, grievous medical negligence, and lack of transparency. Counties in economic areas with the largest immigrant detention centers added an estimated 150 COVID-19 Key findings of the report include: cases per 100,000 residents to baseline estimates. — Page 8 — August, our analyses reveal that ICE Studying community transmission of COVID-19: Counties and multicounty economic areas detention facilities were responsible Because people commute, shop, and for over 245,000 COVID-19 cases socialize across counties, for this throughout the country. These cases study we examined the impacts of ICE were concentrated in multicounty detention for the county in which an economic areas where ICE facilities ICE facility was located. Those who are located. work in one county but live in another 5. Taken as a whole, the spread of COVID-19 due to ICE’s negligence was dramatic. Across the United States, the COVID-19 caseload surged over the summer of 2020. ICE exacerbated the pandemic. Between May and 6. If a country had reported 245,000 cases on August 1st to the World Health Organization, that country would have ranked 16th in the world, meaning that the number of COVID-19 cases attributed to spread caused by ICE detention in the United States would have outranked county are exposed to COVID-19 in more than one county. And, if they become infected, they can infect people in more than one county. For this reason, we also examined community transmission of COIVD-19 to nearby counties, specifically counties co-located in Bureau of Economic Analysis economic areas.26 countries including Germany, France, Consider the Farmville Detention Center and Canada. (FDC), located in Farmville, Virginia 7. California, Texas, and Arizona had the most net COVID-19 cases due to the presence of ICE detention facilities. Arizona had by far the most net additional COVID-19 cases per 100,000 residents. (Prince Edward County), approximately 65 miles from Richmond. Including Prince Edward County, 39 counties are in the Richmond economic area. FDC experienced a severe outbreak during the summer of 2020, with more than 75 percent of people detained there testing positive for COVID-19.27 In addition to raising concerns about the management of the facility, this high rate of infection — Page 9 — – Table 1 – Number of people detained by county and economic area LITTLE OR NO ICE DETENTION HIGHER RATE OF ICE DETENTION 157 counties with 2 or COUNTY 2,983 counties With 0 or 1 person detained more people detained Median number of people detained among these counties: 60 people 1,345 counties in BEA area with more than 25 people in ICE MULTI-COUNTY BEA ECONOMIC AREA (179 AREAS) detention. Median number of immigrants detained in the BEA economic area among these counties: 245 people — Page 10 — at FDC elevated the risk to residents of 1 and 2 below), a simple contrast is Farmville, residents of Prince Edward presented – counties in the United County, and those residing in nearby States with one or zero immigrants counties. In the following analyses, we in ICE detention versus counties with include a measure to assess exposure to at least two people in ICE detention. the county in which the facility is located, Parallel to the county-specific measure, and we include a second measure that the multicounty measure contrasts taps into exposure to counties in the counties in economic areas with 25 or larger economic area. fewer people in ICE detention to those in multicounty economic areas with more In analyses focused on the arrival of COVID-19 in the spring of 2020 (Figures than 25 people in ICE detention.28 ADELANTO DETENTION CENTER | PHOTO CREDIT: ALONSO YÁÑEZ, LA OPINION — Page 11 — In 2020, active ICE detention facilities were located in a minority of counties across the country. Among the 3,143 counties included in these analyses, the vast majority (2,983 counties – 95 percent) have no detention facility (0 or 1 person detained). In the remaining 157 counties (about 5 percent of all counties) ICE detained at least two people in Fiscal Year 2020. Among these 157 counties, the median number of people detained was 60. In other words, half of these 157 counties had fewer than 60 people in detention; the other half had more than 60 people in detention. Counties and multicounty economic areas with ICE facilities were more likely to confront serious COVID-19 outbreaks When considering the role that ICE played in the spread of COVID-19, it is not enough to simply look at the presence of ICE facilities. A myriad of factors (other than ICE facilities) impacted the timing and severity of However, when we zoomed out to consider economic areas, rather than individual counties alone, we found that more than two-thirds of counties in the U.S. (2,211 counties or 70 percent) are located in an economic area where ICE detention centers are present. Only 30 percent of counties (929) are in economic areas with zero people in ICE detention. A significant number of counties are in economic areas in which ICE detention is more prominent. Fortythree percent of counties (or 1,345) had more than 25 people in ICE detention in their economic area. The median for these counties is 245 people in ICE detention across the economic area. COVID-19 outbreaks.29 Our analyses consider the presence of an ICE facility in a county and in a multicounty economic area (25 or more people detained in the larger economic area).30 Using this approach, it is possible to hold constant a host of factors that might influence the timing of COVID-19 arriving in a county and zero in on factors of concern. Logistic regression31 was employed to evaluate the possibility that counties (Figure 1, next page) were at heightened risk of (a) COVID-19 being present in the county by April 1st (at least one case), (b) COVID-19 being present in the county by May 1st (more than 2 cases), (c) significant outbreak (15 — Page 12 — – Figure 1 – Impact of ICE Detention Facility in the County on Confirmed Cases of COVID-19 (various measures) Percent of counties Between March 1 and May 1, 2020 (3,071 counties) 89% 90% 80% 70% 80% 81% 69% 60% 60% 53% 50% 40% 30% 18% 20% 13% 10% 2% 4% 0% 0 -1 person Detained by ICE More than 1 person Detained by ICE Figure 1 is focused on five unwanted COVID-19 milestones: Presence: More than 2 cases (May 1) Serious outbreak: More than 250 cases (May 1) Presence: At least one case (April 1) Major outbreak: More than 2,500 cases (May 1) Significant outbreak: More than 15 cases (May 1) cases) by May 1st, (d) serious outbreak confirmed more than 15 cases, counties (more than 250 cases by May 1st), and with a facility were 7 points more likely (e) a major outbreak (more than 2,500 to have done so (60%). cases by May 1st). ICE facilities also heightened the risk of After holding all other variables constant (i.e., all other variables in the logistic regression model held at their respective more serious outbreaks: • counties with 0 or 1 person detained, means), presence of an ICE facility (more compared to 18% of counties with 2 than one person detained) significantly or more people detained. increased a county’s risk of a COVID-19 event. Whereas 69% of counties were dealing with at least one case of More than 250 cases (May 1): 13% of • More than 2,500 cases (May 1): Few counties were dealing with an COVID-19 by April 1st, an ICE detention outbreak of this magnitude. But facility made this 11% more likely (80%). counties with ICE facilities (3.5%) A month later (May 1st), more than 2 were at significantly greater risk than cases had been confirmed in 80% of counties without an ICE facility (2.3%). counties without an ICE facility and in 89% of counties with a facility. Similarly, Figure 1 reveals that the novel whereas slightly more than half (53%) coronavirus does not respect the walls of counties without an ICE facility had and fences surrounding ICE detention facilities. ICE employees, vendors, contractors, and visitors bring the virus with them as they travel to and from The presence of an ICE facility significantly increased a county’s risk of a COVID-19 event. the facility where it can spread rapidly in congregate settings. Especially in the initial spread of the virus, residents of counties in which ICE facilities were located were more likely to report COVID-19 cases early in the pandemic and were at heightened risk of a serious outbreak. Nor does the virus respect county boundaries. As reported in Figure 2 (on page 16), the heightened — Page 14 — risk attributable to ICE facilities extended Presence (as of May 1st): to counties across multicounty economic • areas. Figure 2 is also focused on More than 15 cases: The risk of having 15 or more cases increases unwanted COVID-19 events. Notably, by 5% -- 51% of counties with 25 our analyses provide evidence that that or fewer persons detained in the presence of an ICE facility did not make it entire BEA area compared to 56% of more likely that a multicounty economic counties in BEA area in which more area reported COVID-19 cases early in people are detained. the pandemic, only that the presence of an ICE facility made it more likely that Larger outbreaks (as of May 1st): the multicounty economic area faced a • serious outbreak: More than 100 cases: 21% of counties in BEA areas with fewer Presence: More than 15 cases (May 1) people detained reported 100 cases, • Significant outbreak: More than 100 cases (May 1) counties in a BEA area with more • Serious outbreak: More than 250 cases (May 1) • • compared to one-fourth (25%) of than 25 persons detained. • More than 250 cases: For counties in a BEA area with more than 25 Major outbreak: More than 2,500 cases (May 1) persons detained, the risk of a major outbreak was over 14%. The risk was The contribution of ICE detention in approximately 2% lower in BEA areas multicounty economic areas to several with fewer persons detained by ICE. COVID-19 events are displayed in Figure 2 (next page). • More than 2,500 cases: Few counties were dealing with an outbreak of Figure 2 shifts the focus from the this magnitude. But counties in a impact of ICE detention facilities in a BEA area with more than 25 persons county (Figure 1) to the impact of ICE detained were twice as likely to detention facilities in nearby counties: confront a major outbreak (3.0%) more than 25 people detained across when compared to counties few the multicounty BEA economic area. persons detained by ICE (1.5%). The focus continues to be on unwanted COVID-19 milestones: When compared to Figure 2, the increased risk is higher for each — Page 15 — – Figure 2 – Impact of ICE Detention Facility across the Multicounty BEA Economic Area on Confirmed Cases of COVID-19 (various measures) Percent of counties Between March 1 and May 1, 2020 (3,071 counties) 60.0% 55.8% 50.8% 50.0% 40.0% 30.0% 24.7% 21.4% 20.0% 14.2% 12.3% 10.0% 3.0% 1.5% 0.0% 0 -25 people Detained by ICE More than 25 people Detained by ICE Figure 2 is focused on four unwanted COVID-19 milestones as of May 1st: Presence: More than 15 case Serious Outbreak: More than 250 cases Significant Outbreak: More than 100 cases Mayor Outbreak: More than 2,500 cases — Page 16 — COVID-19 event in Figure 1. This should Building on these analyses, the emphasis not be surprising. Figure 1 is comparing now shifts to the impact of ICE facilities the 157 counties in which ICE detains as the COVID-19 pandemic spiraled out 2 or more people to nearly 3,000 of control over the summer of 2020. counties in which 0 or 1 person has been detained in 2020. In Figure 2, however, detention. The increased prevalence of COVID-19 spread more rapidly in multicounty economic areas with ICE facilities COVID-19 displayed in Figure 2 highlights Building on the preceding analyses, we the comparison is between 1,345 counties in multicounty economic areas with more than 25 people detained by ICE and counties in multicounty economic areas with lower levels of ICE the risks posed by ICE detention facilities across many more counties. next considered the magnitude of the impact, i.e. the number of additional Figure 1 provides evidence that counties with ICE facilities were more likely to report cases of the novel coronavirus early on – and heightened risk of serious outbreaks as well. Figure 2 highlights the increased risk of serious outbreaks for counties near those with ICE facilities. cases that could be attributed to the presence of an ICE facility. As is common in health research, the dependent variable is not the absolute number of cases. Instead, it is the number of COVID-19 cases per 100,000 residents. Poisson regression was employed to estimate impacts on COVID-19 caseloads per 100,000 residents.32 We used the average daily population Counties near ICE facilities in ICE detention in a county and in the experienced an increased the number of cases (per 100,000 risk of a serious outbreak. to the presence of an ICE detention surrounding economic area to estimate residents) that could be attributed center in a county and the surrounding economic area. In order to focus on the relationship between the number of — Page 17 — – Table 2 – Impact of ICE Detention Facilities across BEA Economic Areas Additional Cases of COVID-19 per 100,000 Residents between May 1 and August 1, 2020 (3,114 counties) PERCENTILE RANKING (Persons detained by ICE in BEA Economic Area) CONFIRMED CASES (per 100,000 residents) INCREASE OVER BASELINE 791 - 791 0.0% 798 0.8% 830 5.0% 861 8.9% 950 20.2% BASELINE: 0 People Detained 50TH PERCENTILE: 5 People Detained 75TH PERCENTILE: 131 People Detained 90TH PERCENTILE: 785 People Detained 95TH PERCENTILE: 1,376 People Detained 99TH PERCENTILE: 2,959 People Detained — Page 18 — people detained by ICE and the spread detention do not diverge significantly of COVID-19, we included a range of from the baseline estimate. In fact, at control variables. the 50th percentile (5 persons detained 33 The Poisson regression estimates did not provide evidence that ICE facilities contributed to growing caseloads of COVID-19 in the county in which they were located. However, providing in the BEA area), a county might expect a negligible increase (less than 1 additional case per 100,000 on top of the baseline estimate). However, as the detained population increases so does the severity of the COVID-19 additional evidence that the callous outbreak. Counties in a BEA economic mismanagement of ICE facilities areas at the 75th percentile (131 people contributed to community spread, detained) were expected to confirm these analyses did provide evidence that as the size of ICE detention in the multicounty economic area increased, so did the incidence of COVID-19 (see approximately 7 additional cases per 100,000, and the caseload increased by 39 per 100,000 residents for counties at the 90th percentile (5% increase). The Table 2). situation was worse still for counties in BEA areas at the 95th percentile (1,376 Table 2 displays additional cases attributable to ICE facilities in the BEA economic area. The chart focuses on an “average” county, i.e., the mean people detained): 70 additional cases per 100,000 residents. At the extreme (99th percentile, 2,959 or more people detained in the economic area), it is was assumed for all variables in the estimated that the number of additional Poisson regression model, except cases was more than 150 cases (per people detained by ICE in the BEA area. The “baseline” assumes no one (0) is detained by ICE in the BEA area: it is estimated that this “average” county confirmed 791 COVID-19 cases (per 100,000 residents) between May 1st and August 1st. Table 2 reports additional cases on top of this baseline as the number of people detained by ICE increases. Counties in economic areas with relatively few people in ICE 100,000 residents) higher – i.e., a 20% increase in the COVID-19 caseload. Whereas Table 2 is concerned with cases per 100,000 residents, these results can also be used to estimate the net additional cases attributable to ICE detention for each county.34 Table 3 (next page) summarizes impacts across the 25 states where ICE exerted — Page 19 — – Table 3 – Impact of ICE Detention Facilities on 25 States Experiencing Highest Impact Net Additional Cases of COVID-19 Confirmed (May 1 - August 1) RANK STATE NET ADDITIONAL CASES TOTAL POPULATION NET ADDITIONAL CASES PER 100,000 RESIDENTS 1 California 111,415.9 39,148,760 284.6 2 Texas 35,564.4 27,885,196 127.5 3 Arizona 28,793.7 6,946,685 414.5 4 Florida 19,906.5 20,598,140 96.6 5 New York 11,429.9 19,618,452 58.3 6 Illinois 10,840.3 12,821,497 84.5 7 New Jersey 5,305.8 8,881,845 59.7 8 Louisina 4,866.7 4,663,616 104.4 9 Mississippi 3,006.8 2,988,762 100.6 10 Washington 1,673.5 7,294,336 22.9 11 Massachusetts 1,601.1 6,830,193 23.4 12 Connecticut 1,501.3 3,581,504 41.9 13 Georgia 1,232.3 10,297,484 12.0 14 Colorado 1,129.4 5,531,141 20.4 15 Minnesota 990.9 5,527,358 17.9 16 Virginia 983.2 8,413,774 11.7 17 Pennsylvania 793.4 12,791,181 6.2 18 Alabama 792.0 4,864,680 16.3 19 New Mexico 442.9 2,092,434 21.1 20 Tennessee 406.7 6,651,089 6.1 21 Indiana 370.4 6,637,426 5.6 22 Michigan 333.6 9,957,488 3.3 23 Maryland 326.2 6,003,435 5.4 24 Nevada 290.0 2,922,849 9.9 25 Rhode Island 268.9 1,056,611 25.4 the strongest impact in the spread of the rank in Table 3 was based on net COVID-19. additional cases per 100,000, Arizona would be first – and by a wide margin: Recall that the dependent measure its estimated 414.5 additional cases per in our estimation (as summarized in 100,000 is approximately 130 additional Table 2) is the number of additional cases per 100,000 residents (rightmost column in Table 3). Calculating net additional cases is based on the state’s cases higher than the second highest (California with 284.6 additional cases per 100,000 residents). total population and additional cases Adopting a similar approach, we also per 100,000. For each of the three top ranked economic areas (Table 4). ranked states (California, Texas and Florida), net additional cases per 100,000 residents exceeded 100. However, if Comparable to states, calculating net additional cases in a BEA area is based ELOY DETENTION CENTER | PHOTO CREDIT: STEVE PAVEY — Page 21 — – Table 4 – Impact of ICE Detention Facilities on 25 Economic Area Experiencing Highest Impact Net Additional Cases of COVID-19 Confirmed (May 1 - August 1) RANK BEA ECONOMIC AREA NET ADDITIONAL CASES TOTAL POPULATION ADDITIONAL CASES PER 100,000 RESIDENTS 1 Los Angeles-Long Beach-Riverside, CA 112,563 20,678,296 544 2 Phoenix-Mesa-Scottsdale, AZ 27,549 5,260,048 523 3 New York-Newark-Bridgeport, NY-NJ-CT-PA 18,524 23,602,788 78 4 Miami-Fort Lauderdale-Miami Beach, FL 18,165 6,855,487 265 5 Houston-Baytown-Huntsville, TX 13,187 7,809,735 168 6 Chicago-Naperville-Mich. City, IL-IN-WI 11,137 10,457,692 106 7 San Antonio, TX 8,871 2,736,961 324 8 Dallas-Fort Worth, TX 6,931 8,892,231 78 9 McAllen-Edinburg-Pharr, TX 4,391 1,356,787 323 10 Lafayette-Acadiana, LA 3,503 867,513 403 11 Jackson-Yazoo City, MS 3,055 1,661,397 183 12 Boston-Worcester-Manchester, MA-NH 1,969 8,594,883 22 13 Jacksonville, FL 1,871 1,884,231 99 14 Seattle-Tacoma-Olympia, WA 1,671 5,168,694 32 15 El Paso, TX 1,257 1,208,018 104 16 Denver-Aurora-Boulder, CO 1,155 4,558,349 25 17 Minneapolis-St. Paul-St. Cloud, MN-WI 1,047 5,533,996 18 18 Richmond, VA 825 1,745,675 47 19 Shreveport-Bossier City-Minden, LA 814 557,323 146 20 Columbus-Auburn-Opelika, GA-AL 771 494,720 156 21 Washington-Baltimore-Northern Virginia, DC-MD-VA-WV 575 10,040,033 5 22 Austin-Round Rock, TX 543 2,181,797 24 23 Albany, GA 523 607,225 86 24 Memphis, TN-MS-AR 518 2,047,494 25 25 Monroe-Bastrop, LA 427 337,021 126 on the total population and additional in states (Table 3) and multicounty BEA cases per 100,000. The Los Angeles area economic areas (Table 4), we calculated is both a major population center and the net effect of ICE detention for the experienced the highest impact from ICE entire United States. We estimate that detention activities (544 additional cases ICE detention activities were linked to per 100,000 residents). Consequently, an additional 245,581 cases from May the number of additional cases in the 1st to August 1st. Because the United Los Angeles area exceeds 100,000 while States’ management of COVID-19 is the second highest impact (Phoenix) and has been a spectacular failure, this had an additional 27,549 cases due to additional caseload may seem modest ICE detention facilities. Each of the top in comparison to the overall number six areas had an increased caseload of COVID-19 cases in the U.S. After all, that exceeded 10,000 cases, and the 17 by August 1st, the United States had highest ranked areas had more than confirmed nearly 4.5 million cases 1,000 additional cases by August 1st. (and this is likely an undercount given Shifting the focus to additional cases per 100,000 residents (rightmost the ongoing problems with testing). However, if ICE’s contribution to the COVID-19 pandemic is compared to column in Table 4), only Los Angeles and Phoenix areas were hit by more than 500 additional cases. However, the comparable measure for Lafayette national caseloads around the world, the impact of ICE’s poor management of the pandemic becomes readily apparent. (Louisiana) exceeded 400 cases, and Miami, San Antonio, and McAllen (Texas) were left to cope with more than 250 additional cases per 100,000 residents. Most of the areas listed in Table 4 had to come to terms with more than 100 additional cases per 100,000 residents. A national tragedy ICE detention activities were linked to an additional 245,581 cases from May 1st to August 1st. Adopting the same approach that was used to estimate net additional cases — Page 23 — – Table 5 – Net Additional Cases of COVID-19 Due to ICE Detention (May 1- August 1) Compared to Countries with 100,000 or More Confirmed Cases RANK (as of August 1, 2020)37 COUNTRY 1 USA 2 CONFIRMED CASES CASES PER 100,000 RESIDENTS 4,456,389 1,588 Brazil 2,610,102 1,541 3 India 1,695,988 187 4 Russia 845,443 632 5 South Africa 493,183 984 6 Mexico 416,179 396 7 Peru 407,492 1,565 8 Chile 355,667 2,008 9 Iran 304,204 406 10 United Kingdom 303,185 466 11 Spain 288,522 733 12 Colombia 286,020 874 13 Pakistan 278,305 130 14 Saudi Arabia 275,905 854 15 Italy 247,537 419 16 Additional cases attributable to ICE facilities 245,581 17 Bangladesh 237,661 166 18 Turkey 230,873 294 19 Germany 209,653 266 20 Argentina 185,373 624 21 France 175,920 419 22 Iraq 124,609 429 23 Canada 115,799 322 24 Qatar 110,695 3,985 25 Indonesia 108,376 50 Table 5 (previous page) lists all countries by ICE was more than 13 times higher with at least 100,000 confirmed cases than that of the general population. If a as of August 1st – and inserts the cases nation reported an infection rate of this attributable to ICE in this ranking. If the magnitude to WHO, it would have the cases linked to ICE were the reported highest rate of infection in the world – caseload of a country, that country and by a wide margin. would have ranked 16th in the world – nearly tied with Italy (the site of an early and severe outbreak). Equally disturbing is the monthly case rate among people detained by ICE. In a research letter published by the Journal of the American Medical Association (JAMA), Erfani, Uppal, and Lee35 calculated a monthly case rate of 6,683 as of August 2020. The rate of infection among people detained The broader mismanagement of the pandemic helps explain the large number of cases linked to ICE facilities. Table 5 reports the cases per 100,000 as of August 2020 (rightmost column). With nearly 1,588.7 cases per 100,000, the United States had one of the highest infection rates in the world (only Qatar [3,985] and Chile [2,008] were higher). FREE THEM ALL ACTION | PHOTO CREDIT: MARCELA HERNANDEZ — Page 25 — Among high-income countries, the 15,000 and 55,000 respectively). This infection rate in Spain is roughly half translates into fewer than 50 cases per of the US rate; for the United Kingdom 100,000 residents. Had the United States and Italy, the infection rate was less managed the pandemic comparably to than a third. For Canada and Germany, these countries, there might have been it was lower still. If the infection rate fewer than 10,000 COVID-19 cases linked was comparable to Germany or Canada to ICE detention facilities. Instead, as of (roughly 20% of that found in the August 1st, due to the perverse synergy United States), it is quite possible that between these two policy failures, over cases linked to ICE detention facilities 245,000 cases can be traced back to ICE would have been below 50,000. Neither detention. Korea nor Japan are listed in Table 4 because their total caseloads were well below 100,000 as of August (roughly While ICE detention contributed to over 245,000 COVID-19 cases in the US, and the presence of an ICE facility made a serious outbreak more likely, it is important to note that the people being A research letter published by detained by ICE bear no responsibility the Journal of the American the result of (uncontrolled) community Medical Association found the walls and fences of ICE facilities. that the rate of infection detention, people who are detained are among people detained other people in the U.S. Rather detention by ICE was more than 13 provide the perfect storm for the spread times higher than that of the about the consequences. Their failure general population. the infection rate in ICE facilities and in for this result. These 245,000 cases are transmission of COVID-19 – beyond Outside of the risk factors posed by their no more or less likely to get sick than centers, like other congregate settings, of a virus. ICE knew this and was warned to release people resulted in a spike in surrounding communities. — Page 26 — Conclusion and Recommendations For years, the United States has ignored spread quickly due to congregate the advice of experts on immigration settings. ICE refused to listen to these detention and has displayed a disregard warnings. The failure to release people for the dignity, safety, and health of from custody in the spring and summer people in detention. Time and again of 2020 – despite recommendations these chronic failures have been advanced by advocates and public health exemplified by a culture of abuse and experts – proved to be catastrophic for medical neglect. These failures are people detained, for those working in endemic in the current system, but they detention centers, and for those living in are avoidable. Human rights abuses surrounding communities. and medical neglect could be avoided if those navigating immigration cases were able to do so at home with their families and in their communities, not behind bars. Now during the ongoing global pandemic, these failures have created conditions for infection rates to soar. Medical professionals, advocates, and, most notably, detained immigrants themselves called on ICE to release people from detention as the COVID-19 pandemic grew in early spring 2020, noting the unique vulnerability people face in detention. Meanwhile ICE continued enforcement operations and transfers between facilities, while people working in detention centers went back and forth from work and home in nearby communities, creating conditions for exposing the virus to people in detention, where it could — Page 27 — The failure to release people from custody proved to be catastrophic for people detained, for those working in detention centers, and for those living in surrounding communities. Our analysis demonstrates that counties with ICE facilities were more likely to report cases of COVID-19 early on. The impact then rippled into the surrounding communities. Counties with ICE facilities and their surrounding multicounty economic areas were more likely to face a serious outbreak than those without ICE facilities. The spectacular mismanagement of COVID-19 resulted in spiraling community transmission of the disease. Once introduced into ICE detention, COVID-19 transmitted quickly within facilities and the surrounding The immigration detention system is cruel and unnecessary. Its defects are only heightened during a global health crisis. People navigating their immigration cases should be able to do so with their loved ones and in community, not behind bars. The only just and long-term solution is to free all people from detention. communities and counties (Table In the meantime, 2). The consequences of this 1. ICE must immediately heed the transmission were magnified many times over by the uncontrolled spread of COVID-19 in communities across the country.36 As COVID-19 cases are rising sharply and will continue to climb in the coming months, now is the time for immediate action to mitigate the spread of COVID-19 inside and outside the detention system. advice of public health experts by significantly and quickly reducing the number of people in detention.38 2. ICE must halt enforcement activities. 3. ICE must halt all transfers within the immigration detention system as well as all transfers from state and local jails and prisons. 4. ICE must adopt a moratorium on deportations in conjunction with above recommendations. Endnotes 1 Altman Drew, “Understanding the US failure on Coronavirus—an Essay by Drew Altman,” The BMJ, September 14, 2020, https://www. bmj.com/content/370/bmj.m3417; David Crow and Hannah Kuchler, “US Coronavirus Surge: ‘It’s a Failure of National Leadership’,” Financial Times, July 17 2020, https://www. ft.com/content/787125ba-5707-4718-858b1e912fee0a38. 2 Johns Hopkins University, “Coronavirus Resource Center,” 2020, https://coronavirus. jhu.edu/map.html 3 Human Rights Watch, Systemic Indifference: Dangerous & Substandard Medical Care in US Immigration. Detention, May 8, 2017, https://www.hrw.org/report/2017/05/08/ systemic-indifference/dangeroussubstandard-medical-care-us-immigrationdetention; J. Rachel Reyes, “Immigration Detention: Recent Trends and Scholarship,” The Center for Migration Studies of New York (CMS), https://cmsny.org/publications/ virtualbrief-detention/ 4 Franklin Foer, “How Trump Radicalized ICE,” The Atlantic, September 2020, https://www. theatlantic.com/magazine/archive/2018/09/ trump-ice/565772/ 5 Human Rights First, “Physicians for Human Rights and Human Rights First, Public Health Experts, Medical Doctors, Prison Experts, and Former ICE Officials Urge Releases from Immigration Detention Facilities to Control the Spread of COVID-19.” April 17, 2020, https://www.humanrightsfirst.org/resource/ public-health-experts-medical-doctorsprisonexperts-and-former-ice-officials-urgereleases. 6 Bárbara Suarez Galeano, “Listen to the Brave Hunger Strikers in ICE Detention.” Common Dreams. July 14 2020, https://www. commondreams.org/views/2020/07/14/ listen-brave-hunger-strikers-ice-detention. 7 City Service News, “ICE Ordered to Reduce Population at Adelanto Immigrant Detention Center Hit by COVID-19,” Los Angeles Times, September 30, 2020, https://www. latimes.com/california/story/2020-09-30/ ice-detention-center-covid-19-outbreak. Hailey Konnath, “Judge Slams ICE for Spotty Compliance With Virus Safety,” 360 Law, October 8, 2020, https://www.law360.com/ articles/1318310/judge-slams-ice-for-spottycompliance-with-virus-safety 8 Tanvi Misra. “About 900 private ICE detention staff positive for COVID-19.” Roll Call, July 14 2020. https://www.rollcall.com/2020/07/14/ about-900-private-ice-detention-staffpositive-for-covid-19/ 9 “Detained Immigrants Seek Federal Court Order to Gain Access to Soap, Sanitizer, PPE Amid COVID-19 Outbreak at Privately Run Detention Facilities.” Yahoo News, April 7, 2020, https://finance.yahoo.com/ news/detained-immigrants-seek-federalcourt-150600107.html 10 Hamed Aleaziz, “Federal Officials Now Say That Transferring Detainees Between Jails Holding Immigrants Contributed To Coronavirus Outbreaks,” BuzzFeed News, October 6, 2020, https://www.buzzfeednews. com/article/hamedaleaziz/dhs-reportdetainee-transfers-covid-spread 11 Hamed Aleaziz. “ICE Arrested More Than 150 Immigrants In A Nationwide Sweep,” — Page 29 — Buzzfeed News, November 19, 2020. https://www.buzzfeednews.com/article/ hamedaleaziz/ice-arrests-immigrantsnationwide-sweep. https://www.ice.gov/coronavirus, accessed September 8, 2020. 12 U.S. Immigration and Customs Enforcement, “Dedicated and Non-dedicated Facilities List as of April 6, 2020,” Spreadsheet available online at: https://www. ice.gov/doclib/facilityInspections/ dedicatedNonDedicatedFacilityList.xlsx 19 Andrea Castillo, “ICE Deliberately Limited Testing at Bakersfield Immigration Facility with COVID-19 Outbreak,” Los Angeles Times, August 6, 2020, https://www. latimes.com/california/story/2020-08-06/ amid-coronavirus-outbreak-at-bakersfieldimmigration-facility-emails-show-icedeliberately-limited-testing 13 Catherine Shoichet, “The Death Toll in ICE Custody Is the Highest it’s Been in 15 Years,” CNN, September 30, 2020, https:// www.cnn.com/2020/09/30/us/ice-deathsdetention-2020/index.html. 20 Emily Kassie and Barbara Marcolini, “How ICE Exported the Coronavirus,” The Marshall Project, July 10, 2020, https://www. themarshallproject.org/2020/07/10/how-iceexported-the-coronavirus. 14 Alex Nowrasteh, “8 People Died in Immigration Detention in 2019, 193 Since 2004,” Cato Institute, January 8, 2020, https://www.cato.org/blog/8-people-diedimmigration-detention-2019-193-2004. 21 Hamed Aleaziz, “An Immigrant Man In ICE Custody Died After Contracting The Coronavirus,” Buzzfeed News, May 25, 2020, https://www.buzzfeednews.com/article/ hamedaleaziz/immigrant-ice-coronavirus-death. 15 American Civil Liberties Union, Detention Watch Network, and National Immigrant Justice Center, “Fatal Neglect: How ICE Ignores Deaths in Detention, ” February 2016, https://www.detentionwatchnetwork. org/sites/default/files/reports/Fatal%20 Neglect%20ACLU-DWN-NIJC.pdf 22 Mijente, “Immigrants in Stewart Detention Center on Hunger Strike to Demand COVID19 Precautions, Releases as Georgia Becomes Southeast Epicenter of Pandemic,” Latino Rebels, March 27 2020, https:// www.latinorebels.com/2020/03/27/ immigrantsstewartdetention/ 16 Border/Lines, “Week 27: ICE Detention and Infectious Diseases.” Borderlines Newsletter, April 10, 2020, https://borderlines.substack. com/p/week-27-ice-detention-and-infectious. 23 Perla Trevizo, “COVID-19 Cases at a Texas Immigration Detention Center Soared. Now, Town Leaders Want Answer,” Texas Tribune, May 11, 2020, https://www.texastribune. org/2020/05/11/covid-19-cases-soar-texasimmigrant-detention-center-town-wants-answer/ 17 Setareh Ghandehari and Gabriela Viera, Courting Catastrophe: How ICE is Gambling with Immigrant Lives Amid a Global Pandemic, Detention Watch Network, March 2020, https://www.detentionwatchnetwork. org/pressroom/reports. 18 U.S. Immigration and Customs Enforcement, “COVID-19 ICE Detainee Statistics by Facility,” 24 Associated Press, “Judge: Outside Experts Can Visit Immigrant Detention Center,” ABC News, August 17, 2020, https://abcnews. go.com/Health/wireStory/judge-experts-visitimmigrant-detention-center-72422641 — Page 30 — 25 Rebecca Plevin, “Judge Orders ICE to Reduce Population at Adelanto Detention Center amid COVID-19 Outbreak,” The Desert Sun, October 15, 2020, https://www. desertsun.com/story/news/2020/10/15/ judge-orders-ice-reduce-populationadelanto-detention-center-amid-covid-19outbreak/3667578001/ 26 Kenneth P. Johnson and John R. Kort, “2004 Redefinition of the BEA Economic Areas,” Survey of Current Business (November 2004), pages 68-75. The BEA examined linkages among counties, primarily on the basis of commuting patterns and media markets. Through this analysis, more than 3,100 counties were sorted into 179 economic areas. The emphasis that BEA economic areas place on commuting is well suited for the purposes of this report. 27 Priscilla Alvarez, “Nearly 75% of detainees at US immigration facility in Virginia have coronavirus,” CNN, July 23, 2020, https:// www.cnn.com/2020/07/23/politics/ immigration-ice-detention-coronavirusfarmville/index.html; Keyris Manzanares, “Nearly 90 percent of ICE detainees in Farmville tested positive for COVID-19 after transfers from Florida, Arizona,” WRIC (Channel 8), July 16, 2020, https://www.wric. com/news/taking-action/covid-19-casesspike-at-farmville-ice-detention-center-aftertransfers-from-florida-arizona/ 28 U.S. Immigration and Customs Enforcement 2020, op. cit. 29 Data on COVID-19 cases are provided by: New York Times. 2020. “Coronavirus (Covid-19) Data in the United State.” Website: https://github.com/nytimes/covid-19-data. This website is updated daily (providing data for each county in the United States). 30 In addition, these models included a number of control variables: black population, Native American / Alaskan Native population, Hispanic population, population living in group quarters, incarcerated persons (in county and in BEA area), metropolitan versus nonmetropolitan county, adults without health insurance, diabetes prevalence, and population density. For details on data sources, model specification and related details, please see: Hotbeds of Infection: How ICE Detention Contributed to the Spread of Covid-19 in the United States (Methodological Appendix). 31 Statwing, “A User-Friendly Guide to Logistic Regression,” http://docs.statwing.com/a-userfriendly-guide-to-logistic-regression/, 2020. 32 For additional information on Poisson regression and its use in health research, see: Frome, Edward, and Harvey Checkoway. 1985. “Use of Poisson Regression Models in Estimating Incidence Rates and Ratios.” American Journal of Epidemiology 121:309– 323, https://doi.org/10.1093/oxfordjournals. aje.a114001; Osborne, Jason. 2017. “Poisson Models: Low-Frequency Count Data as Dependent Variables’, pp. 283304 in Regression & Linear Modeling: Best Practices and Modern Methods. Thousand Oaks, CA: Sage [Accessed 5 November 2020], doi: 10.4135/9781071802724; Population Health Methods (Columbia University). 2020. “Confounders in Time-Series Regression.” Website: https://www.publichealth.columbia. edu/research/population-health-methods/ confounders-time-series-regression, accessed October 4, 2020. Frome and Checkoway 1985; Osborne 2017, Population Health Methods [Columbia University] 2020). 33 Control variables included: confirmed COVID-19 cases (per 100,000) on May 1st, — Page 31 — black population, Native American / Alaskan Native population, Hispanic population, incarcerated persons (in county and in BEA area), population density, adults with less than 9 years of education, non-citizen population, residents of nursing homes, residents of group quarters (other than prisons and nursing homes), meatpacking plants (in county and BEA area), and dummy variable for each state. For details on data sources, model specification and related details, please see: Hotbeds of Infection: How ICE Detention Contributed to the Spread of Covid-19 in the United States (Methodological Appendix). Epidemiological Update 1 (August 17). https://www.who.int/emergencies/diseases/ novel-coronavirus-2019/situation-reports. 38 Human Rights First, “Physicians for Human Rights and Human Rights First, Public Health Experts, Medical Doctors, Prison Experts, and Former ICE Officials Urge Releases from Immigration Detention Facilities to Control the Spread of COVID-19.” 34 For details on Poisson regression and the approach to calculating increased COVID-19 cases per 100,000 residents (Table 1) and total cases (Table 2, 3 and 4), please see: Hotbeds of Infection: How ICE Detention Contributed to the Spread of Covid-19 in the United States (Methodological Appendix). 35 Parsa Erfani, Nishant Uppal, Caroline H. Lee, “COVID-19 Testing and Cases in Immigration Detention Centers, April-August 2020,” JAMA, October 29, 2020, https://jamanetwork.com/ journals/jama/fullarticle/2772627. 36 For details on statistical analyses supporting these conclusions, see: Hotbeds of Infection: How ICE Detention Contributed to the Spread of COVID-19 in the United States (Methodological Appendix). 37 Sources: World Health Organization. 2020. Coronavirus Disease (COVID-19). Situation Report – 194. Data as received by WHO from national authorities by 10:00 CEST, 1 August 2020. Additional information available online at: https://www.who.int/emergencies/ diseases/novel-coronavirus-2019/situationreports; World Health Organization. 2020. Coronavirus Disease (COVID-19). Weekly — Page 32 —