Judge demands immigrants at Adelanto get clean water and medical care

A federal judge on Thursday ordered major changes to reported conditions at the Adelanto ICE Processing Center in San Bernardino County, granting a preliminary injunction that requires federal immigration officials provide people with clean drinking water and adequate medical care.

U.S. District Judge Sunshine Suzanne Sykes ruled that the detainees who brought the lawsuit “demonstrated they are likely to prevail” on their claims that conditions at the facility violate Fifth Amendment protections against inhumane conditions of confinement. While the case will continue to work its way through the courts, the judge issued the ruling now, finding that people being detained could suffer irreparable harm without court intervention.

The suit came after two deaths at the facility within weeks of each other last fall: Ismael Ayala-Uribe, a 39-year-old former DACA recipient, and 56-year-old Gabriel Garcia-Aviles. Both deaths are still under federal investigation as scrutiny over the conditions inside immigrant detention centers in the Trump administration continues to mount.

In their lawsuit, lawyers for the detainees said Adelanto violated ICE detention guidelines by failing to provide clean drinking water, nutritious meals, sanitation, access to medical care and medicine, as well as medical intake screening upon arrival at the facility. They also alleged violations of rules around recreation time outside, visitation time for family, daily headcount to ensure detainees are alive, and accommodations for people with disabilities.

In response, Sykes ordered 24-hour access to clean drinking water, meals with a sufficient number of calories, and access to soap and hygiene products free of charge. The injunction also requires the facility to be cleansed daily and for mold to be identified and removed. Detainees are to be provided blankets and temperature-appropriate clothing, as well as access to recreational yard time outside for at least four hours every day.

The order prevents Adelanto, which is located about 90 miles northeast of Los Angeles, from limiting family visitation during regular business hours, including removing time restrictions and physical contact, such as hugging or holding hands, with family members. It also says the facility can not cancel a visitation if a family member needs to use the restroom during the visit.

The majority of people being held in immigration detention centers in California have not been accused of committing crimes, only of civil immigration violations.

The court ordered Adelanto to perform at least two headcounts every day, once overnight and once during the day, to ensure detainees are present and not incapacitated. The court also ordered restrictions on sending detainees to isolation, barring a life safety risk to staff or if the detainee requests it.

The ruling requires Immigration and Customs Enforcement and other named defendants to immediately provide detainees with the condition upgrades the judge ordered.

The Department of Homeland Security declined to comment on the ruling. DHS attorney Pushkal Mishra argued in court last week the federal government couldn’t be held liable for the actions of its contractor, GEO Group, which runs Adelanto and 18 other immigration facilities around the country.

In a motion to dismiss the case, DHS argued that it should not have “to take over the daily management of a federal contract from a private contractor.”

GEO Group did not immediately respond to a request for comment.

Disability access in ICE facilities has been a recurring issue since the Trump administration took office for a second term. According to the complaint, one person described being placed in handcuffs and ankle chains for court appearances despite using a cane. Others alleged people with mobility issues were routinely assigned top bunks. The new court order requires the government to provide people with disabilities with reasonable accommodations.

The court has given the federal government 14 days to create a plan to address medical care and disability needs for detainees. The order requires all detainees to be given an intake screening upon arriving for physical or mental illnesses, ensure ongoing treatment and medication, and treat and segregate detainees to prevent the spread of communicable diseases. The order also mandates that every detainee must have access to primary, secondary, and tertiary medical care and be advised of their patient rights.

Sykes ordered that the government must provide two independent monitors for the duration of the lawsuit to ensure compliance with the court orders. Detainees must also be given the opportunity to submit grievances to the monitors in English or Spanish that are contained in a lockbox only accessible to the monitors.

A report by the California attorney general this year found that six people have died in detention facilities in the state since the start of the Trump administration’s mass deportation campaign. Nationwide, 22 people have died this year in immigration detention.

This week, the Mexican federal government called on state attorneys general to criminally investigate cases where Mexican nationals have died in ICE custody.