WILLIAMSPORT – Two judges in the U.S. Middle District have different views on whether individuals held in county jails by Immigration Customs and Enforcement (ICE) should be released to protect them from COVID-19.
Judge Matthew W. Brann on Friday refused to release 15 individuals held in the York and Pike county jails.
His colleague in Harrisburg, Judge John E. Jones III, recently in two separate orders released 39 detainees over the objection of ICE.
The issue before both judges was whether detainees who have medical conditions that put them at a heightened risk if they contract COVID-19 could be adequately protected from infection in the county prisons.
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Brann acknowledged prisons present unique concerns regarding the spread of the virus but noted the Centers for Disease Control guidelines “specifically contemplate individuals will be confined within prisons during the duration of this pandemic.
“More importantly, conditions no longer resemble the ‘unsanitary, tightly-packed environments’ that led other judges in this district to order the release of ICE detainees.
“To the contrary, the record reflects the facilities have taken proactive measures to prevent or limit the spread of COVID-19 and to ensure the health of its detainees.”
The York prison is operating at 55 percent of capacity and the Pike County facility is at 41 percent, which allows more spacing of inmates, he said.
The petitioners have not demonstrated they would be safer or have access to better medical care if released, Brann said.
In his most recent opinion, Jones wrote: “We simply cannot find, in the face of the scope of the COVID-19 pandemic that is washing through this country and the (prisons), that the public interest favors the continued detention of civil immigration detainees with underlying health conditions that render them particularly vulnerable were they to contract COVID-19.
Brann’s opinion details steps taken at both prisons to prevent the spread of coronavirus including the requirement everyone wears a mask.
As of Thursday, one ICE detainee at the York County Prison had tested positive for the virus on April 3 and there have been no reported cases since then, he said.
In Pike County, also as of Thursday, 13 detainees have tested positive as have seven corrections officers. Two non-ICE detainees have died, he noted.
As in the cases before Jones, the government claimed continued detention is necessary for public safety and to prevent the detainees from absconding and avoiding deportation.
Although he refused to release the 15 detainees, Brann directed both prisons to strictly comply with their COVID-19 guidelines by:
- Providing a steady, timely, and sufficient supply of soap and disinfectant products.
- Taking reasonable efforts to create social distancing among the detainees.
- Frequently cleaning and sanitizing all high-traffic and high-contact areas.
- Supplying staff, vendors and detainees a sufficient number of protective masks to help prevent the spread of COVID-19,
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April 25, 2020 at 06:12AM
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Judge reaches different conclusion than a colleague, denies release of 15 ICE detainees - PennLive
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