Letter to the Trump Administration - Merkley, Blumenthal, Jayapal, Ocasio-Cortez Demand Trump Administration Halt Deportations of Victims of Medical Malpractice by Ice Doctor

Letter

Dear Mr. Pham, Inspector General Cuffari, Assistant Attorney General Dreiband, and Director
Wray:
We write to request that the Department of Homeland Security (DHS) and Immigration and
Customs Enforcement (ICE) immediately stay the removal of witnesses in the investigations into
the provision of medical care at the Irwin County Detention Center (ICDC) in Ocilla, Georgia.
At least eighteen women who were patients of Dr. Mahendra Amin remain detained at ICDC,
and seven are currently at risk for removal. These women may provide crucial evidence to
support ongoing investigations, and many allege that they are victims of disturbing forced
medical procedures by Dr. Amin while in ICE's custody and care. DHS and ICE have an
obligation to ensure these women are given an opportunity to cooperate with law enforcement.
Any removal of these witnesses could constitute interference with these investigations. In
addition to staying these removals, we request that relevant law enforcement agencies provide I918 Supplement B certification for any victim at ICDC who has provided or subsequently
provides helpful evidence or testimony in these investigations, including victims who have
already been deported, so that these witnesses have the opportunity to submit applications for U
nonimmigrant status. Upon receipt of their application for U nonimmigrant status by U.S.
Citizenship and Immigration Services (USCIS), each must have their removal cases stayed and
be immediately released from detention.
Since the initial whistleblower complaint, more women have come forward to report unnecessary
and non-consensual medical procedures while detained at ICDC. In all, more than 43 women
have reportedly alleged that they underwent nonconsensual and/or medically unnecessary
2
gynecological procedures while detained at ICDC.1 The DHS Office of the Inspector General has
reportedly opened an investigation into these allegations, and the Department of Justice Civil
Rights Division and the Federal Bureau of Investigation have reportedly opened parallel criminal
investigations.
2 Additionally, an independent group of medical experts have preliminarily found
that many of these procedures were unnecessary and performed without informed consent.3
Despite these ongoing investigations, at least six victims of the alleged nonconsensual,
unnecessary, and potentially sterilizing gynecological procedures have reportedly been
deported.4 Alma Bowman and Ana Cajigal Adan, key witnesses, have apparently come close to
being deported.5 At least seven others are at imminent risk of deportation, despite the fact that
investigators have not yet spoken to them.
6 Out of the eighteen detained women at ICDC who
say they have been victimized by Dr. Amin, only three have reportedly received an investigation
interview request.
Deporting these witnesses--especially when none of them have received independent physical or
mental health evaluations by medical experts--may amount to a de facto destruction of evidence,
as doing so substantially impedes the ability of these women to testify in any potential criminal
or civil action. The deportation of potential witnesses interferes with law enforcement's ability to
engage in meaningful review of alleged criminal acts. Because these women have provided or
are willing to provide useful assistance in a criminal investigation, they may be eligible for U
nonimmigrant status.
To remedy this situation, we request that you take the following six measures:
* Immediately stay the removal of all women who have reported or witnessed allegations
of medical abuse suffered while detained in ICDC. Doing so merely complies with
existing DHS guidance that a noncitizen participating in an active investigation should
not be removed during the pendency of that investigation.7
* Immediately stay the removal of all women who have had any appointments,
consultations, or surgeries with Dr. Amin, unless they affirm in writing following
consultation with counsel that they decline to participate in the investigation. Notify each
1 Adolfo Flores, ICE Is Trying to Deport Immigrant Women Who Witnessed Alleged Misconduct by a
Gynecologist, Attorneys Say, BuzzFeed News (Nov. 11, 2020),
https://www.buzzfeednews.com/article/adolfoflores/ice-deporting-gynecologist-witnesses. 2 Id. 3 Michelle Hackman & Alicia A. Caldwell, Pattern of Unnecessary Gynecological Treatments Identified at Georgia
ICE Facility, Wall Street Journal (Oct. 27, 2020), https://www.wsj.com/articles/pattern-of-unnecessarygynecological-treatments-identified-at-georgia-ice-facility-11603803379. 4 Nomaan Merchant, US Deports Migrant Women Who Alleged Abuse by Georgia Doctor, Associated Press (Nov.
11, 2020), https://apnews.com/article/us-deports-migrant-women-georgia-doctorb6a5fc1e2d4a822eb3767f9a858ea670. 5 John Washington & José Olivares, ICE Medical Misconduct Witness Slated for Deportation Is a U.S. Citizen, Says
Lawyer, The Intercept (Nov. 2, 2020), https://theintercept.com/2020/11/02/ice-medical-misconduct-us-citizendeportation/; Gianna Toboni, Ana Sebescen, & Nicole Bozorgmir, ICE Attempts to Deport Multiple Witnesses in
Gynecologic Surgery Scandal, VICE (Nov. 5, 2020), https://www.vice.com/en/article/jgqq7p/ice-attempts-to-deportmultiple-witnesses-in-gynecologic-surgery-scandal. 6 See supra note 1. 7 See Immigration and Customs Enforcement, Prosecutorial Discretion: Certain Victims, Witnesses, and Plaintiffs
(Jun. 17, 2011), https://www.ice.gov/doclib/foia/prosecutorial-discretion/certain-victims-witnesses-plaintiffs.pdf.
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of these women in writing by no later than November 20, 2020 that their removal has
been stayed because of their potential participation in this investigation.
* Immediately create a clear and transparent process by which all women detained at ICDC
who have reported or witnessed medical abuse at ICDC can identify themselves to
federal investigators as witnesses.
* Publicly commit to interviewing all women who submit medical records and/or testimony
that credibly alleges medical abuse.
* Provide certifications for each woman who has reported allegations of medical abuse
suffered while detained in ICDC, has been the victim of qualifying criminal activity, and
has been helpful to officials in the investigation of that criminal activity for purposes of a
U visa. Those who still remain in the United States should be granted stays of removal,
and released from detention pending their application for U nonimmigrant status being
received by U.S. Citizenship and Immigration Services (USCIS).
* Those who have been deported should be granted parole into the United States,
8 and
likewise be permitted to reopen their removal orders while they pursue U nonimmigrant
status.
* Immediately release every woman who has reported relevant allegations of medical abuse
suffered while detained in ICDC, in anticipation of their receipt of U nonimmigrant
status.
If you have any questions or would like to discuss compliance with this request, please contact
Alex Mechanick with Senator Blumenthal's office at Alex_Mechanick@blumenthal.senate.gov,
Ellie Roberts with Senator Merkley's office at Ellie_Roberts@merkley.senate.gov, Jennifer
Chan with Representative Jayapal's office at Jennifer.Chan@mail.house.gov and Gerardo
Bonilla Chavez with Representative Ocasio-Cortez' office at Gerardo.Bonilla@mail.house.gov.

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