Lawmakers Demand Better Treatment of Transgender in ICE Custody

More than thirty members of Congress sent a letter to Acting U.S. Immigration and Customs Enforcement Director Matthew Albence expressing their concern over the agency’s treatment of transgender detainees and demanding the agency take transgender migrants’ asylum claims more seriously.

The letter, sent by 34 lawmakers, was spearheaded by Rep. Frank Pallone Jr., D-N.J.; and signed by Reps. Ilhan Omar, D-Minn., Joe Kennedy, D-Mass., Adam Schiff, D-Calif., Deb Haaland, D-N.M., and Jerry Nadler, D-N.Y., among others and comes after the deaths of two transgender women who were held in ICE detention.

In the letter, the lawmakers said, “We urge ICE to seriously consider the asylum claims of transgender migrants who demonstrate a well-founded fear of persecution based on their ‘membership in a particular social group’ and adhere to its own policies regulating the treatment of transgender detainees.”

The letter stressed that ICE should especially consider asylum claims coming from the “Northern Triangle” countries of El Salvador, Honduras, and Guatemala, where “violence against the transgender community occurs at alarming rates.” In one study conducted by the UN Refugee Agency, 88 percent of LGBTQ asylum seekers fleeing the Northern Triangle reported experiencing sexual and gender-based violence in their countries of origin.

ICE officials didn’t respond directly to the allegations in the letter but said they are “committed to ensuring that those in our custody reside in safe, secure and human environments and under appropriate conditions of confinement.”

The letter comes at the time when ICE’s treatment of transgender asylum seekers has come under continued and increased scrutiny.

On June 1, Johana Medina León, a transgender nurse from El Salvador seeking asylum in the U.S, died in Texas after spending six weeks in ICE custody. León left El Salvador earlier this year after she was attacked and harassed because of her gender identity. Her family is mounting a wrongful death suit against ICE and Homeland Security, saying Leon, 25, was discriminated against and mistreated, and ICE is responsible for her premature death. León died at a hospital in El Paso, Texas, three days after ICE released her from its custody. León’s passing came a year after Roxsana Hernandez, a transgender woman from Honduras, died in ICE custody in New Mexico.

In March, the American Civil Liberties Union of New Mexico, along with the Santa Fe Dreamers Project and Las Americas Immigrant Advocacy Center, alleged “rampant sexual harassment, discrimination and abuse” and “unconscionable conditions” for LGBTQ immigrants at a New Mexico ICE facility, and an NBC News investigation found that transgender migrants often are placed in solitary confinement and face mistreatment while in detention.

In their letter, lawmakers cited the violence and structural challenges transgender migrants seeking asylum face in their home countries.

“Transgender women have been murdered after they were deported once their asylum claims were denied,” the lawmakers wrote in their letter, highlighting the case of Camila Díaz Córdova, who died in a hospital in El Salvador after she was kidnapped and beaten. Díaz Córdova had sought asylum in the U.S., documenting years of constant death threats, but was nonetheless deported. Salvadoran authorities have charged three police officers with Díaz’s murder.

“This tragedy occurred after she was deported from the U.S. a few months earlier,” said the lawmakers in their letter. “Miss Díaz Córdova received persistent death threats for years, which she had documented in her asylum application.”

The lawmakers also brought up the treatment of Alejandra Barrera, a 44-year-old transgender woman from El Salvador who they say requested asylum in November 2017 and has been held in detention by ICE since. Barrera, the lawmakers wrote, has been denied humanitarian parole five times, despite the fact that she requires specialized medical care. The letter asks for Barrera’s request for humanitarian parole and asylum to be seriously considered.

An ICE spokesperson told NBC News the agency does not comment on Congressional correspondence.

IN 2017 ICE opened a unit for transgender women in their custody at the Cibola County Correctional Center in New Mexico; and has touted the unit as an example of their fair treatment of transgender migrants, despite documented concerns about the conditions.

Photo Credit: Public domain

Twenty-nine trans women held in ICE custody at the Cibola County Correctional Center in a letter they sent to Trans Queer Pueblo, a Phoenix-based group that advocates on behalf of undocumented LGBT immigrants, said personnel at the facility “psychologically and verbally” mistreat them and that they do not receive “adequate” medical care.

The agency claims it spends more than $250 million a year on healthcare for detainees. ICE has also repeatedly pointed to a 2015 directive that requires personnel to, among other things, provide trans detainees with access to hormone therapy while they are in their custody.

But lawmakers are not satisfied and reports of abuse and mistreatment of trans women in ICE custody and inadequate health care nevertheless persist.

Pallone condemned the “inhumane” and “illegal” treatment of vulnerable immigrant communities in a statement to NBC News, saying the U.S. “is turning its back on those who desperately need our help and who should be protected under U.S. law.”

“For a long time, it’s been evident that ICE isn’t prepared to manage the health care needs of people seeking their right to asylum,” Haaland said in an interview with NBC News Tuesday morning, adding that “ICE’s record of mistreatment of trans individuals took Johana Medina’s life” and she is worried about other transgender migrants currently at-risk.

“As an indigenous woman, our history shows that we supported and accepted LGBTQ people into our communities for centuries and centuries,” the congresswoman said. “We want every human being to be valued. We need to stop this horrible treatment.”

“We ask that you honor the longstanding reputation of the United States as a safe refuge for individuals who face this deplorable treatment,” wrote the lawmakers in their letter. “Specifically, we ask that you bring ICE into compliance with its stated policy for the treatment of transgender detainees.” Closing their letter, the lawmakers demanded ICE “take tangible steps to protect the legal rights of transgender individuals who meet the necessary criteria to be considered for asylum.”

Terry Willits

Trans Speak's Editor-in-Chief is an international mixed media artist, writer, LGBTQ advocate, coffee snob, dog dad, and FTM transgender - but not necessarily in that order, who practices what he posts. A native of Cedar Rapids, Iowa; he now does the writing thing from St. Louis, Missouri. You should check out his work - it's recommended by 4 out of 5 people that recommend stuff.

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