Res. No. 1622

Resolution urging Congress to pass the Detainee Basic Medical Care Act of 2008 (H.R.5950/S.3005), which would require the Secretary of the Department of Homeland Security to establish procedures for the timely and effective delivery of medical and mental health care to all immigrant detainees.

By Council Members Stewart, Brewer, Comrie, Fidler, Gonzalez, James, Koppell, Liu, Sanders Jr. and Gerson

                     Whereas, Immigration and Customs Enforcement (ICE) is the largest investigative arm of the United States Department of Homeland Security and is responsible for eliminating vulnerabilities in the nation’s border and other aspects of national security; and                     

                     Whereas, Within ICE, there is an Office of Detention and Removal Operations (DRO), which has the primary responsibility of promoting public safety and national security through enforcement of U.S. immigration laws; and

                     Whereas, DRO’s duties include transporting immigrants, managing them while in custody, and removing unauthorized immigrants from the U.S. when so ordered; and

                      Whereas, ICE is a very large agency with an operating budget of more than $4.2 billion and more than 300,000 detainees in its custody in Fiscal Year 2007; and

                     Whereas, While ICE states that the mortality rate of detainees has declined despite a more than 30% growth in detainee population since 2004, there were still 74 deaths over that same period; and

                     Whereas, Within the ICE detention centers, medical professionals from the United States Public Health Service, Division of Immigration Health Services (DIHS) are responsible for providing care to all of those detained and any medical emergencies that may happen in the center; and

                     Whereas, Detainee visits to DIHS for treatment for chronic diseases, dental and mental health visits, medications and other medical screenings have increased by 45% from fiscal year 2006 to 2007 according to ICE; and

                     Whereas, Recent news reports of immigrant deaths in detention include Hiu Lui Ng, an immigrant who was detained after he overstayed a visa and died from complications from cancer and a fractured spine, which went untreated until it was too late even though he complained of extreme back pain and an inability to walk; and

                     Whereas, Zena Asfaw, a political refugee from Ethiopia almost died and now has irreversible liver damage because she received inappropriate care where she was overmedicated and given the wrong medication; and   

                     Whereas, ICE has an extensive medical program, spending more than $91 million for detainees in centers, and safeguards need to be in place to ensure that individuals in ICE’s custody are getting the medical attention that they need; and

                     Whereas, Reforms, such as medical screenings and examinations upon entry to a detention center, continuity of care and timely release of medical records, should be enacted to improve overall quality of care for individuals in ICE detention centers; now, therefore, be it

                     Resolved, That the Council of the City of New York calls upon Congress to pass the Detainee Basic Medical Care Act of 2008 (H.R.5950/S.3005), which would require the Secretary of the Department of Homeland Security to establish procedures for the timely and effective delivery of medical and mental health care to all immigrant detainees.

JM

LS# 6037

September 2, 2008