The decision contrasts with the same judge's ruling in recent weeks to let out detainees in immigration custody at the same facility due to the COVID-19 outbreak there
A federal judge over the weekend denied a request from medically vulnerable inmates in federal criminal custody at Otay Mesa Detention Center in San Diego County to be released because of the COVID-19 outbreak there.
“The 5th Amendment prohibits punishment of detained persons prior to ‘a formal adjudication of guilt’ but cannot require a complete elimination of all risk of contracting the virus,” Sabraw wrote in his decision. “Holding otherwise would place an impossible burden on detention facilities.”Otay Mesa, run by private prison company CoreCivic, holds both ICE detainees who are waiting for immigration court hearings and U.S.
The ACLU of San Diego & Imperial Counties and the National Immigration Project said they would continue to fight for the release of people in U.S. Marshals Service custody.“U.S. Marshals Service has failed to act to mitigate the life-threatening risks to which these individuals — many of them in pretrial detention — are currently exposed,” the organizations said in a joint statement.
As of Sunday afternoon, 67 U.S. Marshals Service inmates at Otay Mesa had tested positive for the virus, according to facility documents obtained by the Union-Tribune. And 150 ICE detainees had tested positive, bringing the total number of positive cases at the facility to 217.Among those cases, two people are hospitalized, according to the documents. Another person was hospitalized but has since returned to the detention center.
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