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Settlement reached with ICE over Batavia facility living conditions

Aug 05, 2020 1:00 pm
Massarah Mikati is reporting for the Times Union a group of attorneys, led by the New York Civil Liberties Union and Prisoner Legal Services of New York, and the U.S. Immigration and Customs Enforcement have reached a settlement in a lawsuit brought against the government over detainee living conditions at the Buffalo Federal Detention Center during the coronavirus pandemic. Under the settlement, medically vulnerable individuals being held at the Batavia detention center will now receive a number of accommodations to prevent contracting the virus. “The foundational piece is what we’ve been pushing for all along: protections for every vulnerable individual,” said John Peng, one of the attorneys behind the case. “Along with these protections, we want to make sure that people within the facility know what their rights are.” The settlement was filed last week and authorized by U.S. District Judge Lawrence Vilardo August 3. It established that vulnerable people must be housed alone in their own cells, have the ability to eat their meals in those cells and receive biweekly COVID-19 testing. They also have the option to shower in isolation and have access to shower disinfectant, masks and soap. Batavia staff and officers have also been ordered to wear masks when interacting with medically at-risk individuals, as well. Each detainee must be provided with notification of these new rights. The lawsuit was filed in May, and claimed the facility had not been enforcing guidelines to protect individuals under their supervision from COVID-19, in violation of a federal judge's April order. In a statement, the ICE Buffalo Field Office Director commended the facility’s response to the pandemic as "exemplary.” He said, “There are currently no active cases of COVID-19 at the facility. ... The settlement reached has affirmed the value of the proactive measures previously undertaken, which has protected both staff and detainees.” Read the full story in the Times Union.