Medical Mistreatment Of Women In ICE Detention: The Permanent Subcommittee on Investigations of the United States Senate issued a Staff Report on November 15, 20922 entitled “Medical Mistreatment of Women in ICE Detention” which stated, in part:
In May 2021, the Permanent Subcommittee on Investigations (“Subcommittee” or “PSI”) initiated a bipartisan investigation into the alleged mistreatment of Immigration and Customs Enforcement (“ICE”) detainees housed in the Irwin County Detention Center (“ICDC”) in Ocilla, Georgia. Over the course of its 18-month-long investigation, the Subcommittee examined multiple allegations of medical abuse against detainees at ICDC, a private detention center owned and operated by LaSalle Southeast, LLC (“LaSalle” or “LaSalle Corrections”).
The allegations stemmed from a September 2020 whistleblower complaint (“September 2020 complaint”) filed by immigration advocacy groups and attorneys alleging that an off-site obstetrician and gynecologist (“OB-GYN”), Dr. Mahendra Amin, performed “high rates” of unauthorized hysterectomies on ICDC detainees. The groups also alleged that ICDC had poor medical conditions and lax COVID-19 mitigation procedures.
The Subcommittee’s investigation identified serious issues relating to ICDC and specifically connected to Dr. Amin’s care:
– Female detainees appear to have been subjected to excessive, invasive, and often unnecessary gynecological procedures.
– There appears to have been repeated failures to secure informed consent for offsite medical procedures performed on ICDC detainees.
– Medical care provided to detainees at ICDC was known by DHS to be deficient, but neither ICE nor LaSalle took effective corrective action.
– ICE did not conduct thorough oversight of off-site medical providers and procedures.
The Subcommittee did not substantiate the allegations of mass hysterectomies on ICDC detainees. Records indicate that Dr. Amin performed two hysterectomies on ICDC detainees between 2017 and 2019. Both procedures were deemed medically necessary by ICE.
Dr. Amin stopped treating ICE detainees after the September 2020 complaint became public. In December 2020, former ICDC detainees filed a class action lawsuit (“December 2020 lawsuit”) against ICDC, ICE, Dr. Amin, Irwin County Hospital (“ICH”), and other federal and nonfederal parties alleging that the detainees had undergone nonconsensual and unnecessary gynecological procedures.
In addition, the lawsuit alleged a broader pattern of medical abuse and mistreatment of detainees at ICDC. The plaintiffs demanded $5 million in money damages and other relief. The litigation is ongoing.
As of early 2022, Dr. Amin was under criminal investigation by multiple federal agencies. PSI staff attempted on multiple occasions to obtain voluntary testimony from Dr. Amin regarding his treatment of female ICE detainees at ICDC. Dr. Amin declined these requests. On February 7, 2022, the Subcommittee served Dr. Amin with a subpoena for
deposition. Through his attorney, Dr. Amin submitted an affidavit stating that he declined to provide testimony pursuant to his Fifth Amendment privilege against self-incrimination. The Subcommittee accepted Dr. Amin’s invocation of his rights and did not question him throughout the investigation.
In May 2021, the Department of Homeland Security (“DHS”) directed ICE to discontinue its contract with ICDC. As of September 3, 2021, all immigrant detainees were removed from the ICDC facility and moved to other detention facilities. Effective October 7, 2021, ICE terminated the contract with LaSalle regarding its management of ICDC.
As of today, ICDC is still utilized to detain individuals under the custody of the U.S. Marshals Service. The federal government continues to contract with LaSalle to operate other detention facilities throughout the country.
If you or a loved one may have been injured as a result of medical negligence while in ICE custody in the United States, you should promptly find a medical malpractice lawyer who may investigate your medical malpractice claim for you and represent you or your loved one in a medical malpractice case, if appropriate.
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