- 19-Apr-2025
- Healthcare and Medical Malpractice
The COVID-19 pandemic has raised significant concerns about the health and safety of individuals detained in immigration facilities. Given the risks of contracting the virus and the overall conditions in detention centers, many detained immigrants have sought release due to health issues. U.S. immigration law and policy provide some pathways for release based on health-related grounds, but such decisions are typically made on a case-by-case basis.
Immigrants who are at high risk for severe illness or death from COVID-19, such as those with pre-existing medical conditions (e.g., heart disease, diabetes, asthma, or weakened immune systems), may be eligible for release from detention due to their vulnerability to the virus.
Vulnerable populations, including older adults and individuals with chronic health conditions, have been prioritized for release in certain circumstances to reduce the risk of infection.
Compassionate release refers to the release of individuals from detention for humanitarian reasons, including serious health issues. This process is more common in criminal cases but can also apply to immigration detention.
Immigrants who are seriously ill or have terminal conditions may apply for compassionate release, which is typically based on medical records that confirm the severity of their health conditions.
U.S. Immigration and Customs Enforcement (ICE) may consider the overall health risks of detaining an individual, particularly if the person’s health condition could worsen in detention due to lack of adequate medical care or the risks posed by the crowded conditions in detention facilities.
The decision to release an immigrant due to health reasons may involve medical assessments, consultations, and possibly an appeal for bail or humanitarian parole.
In some cases, immigration detainees with severe medical conditions can apply for medical parole, which allows them to be released temporarily for treatment. Medical parole can be granted if the immigrant’s condition is deemed critical, and detaining them poses a serious risk to their health or safety.
In some instances, immigration judges or federal courts may order the release of detainees due to health issues, including the risk of contracting COVID-19. Legal challenges have been filed during the pandemic for the release of detainees on the grounds of health risks, particularly when the detention facilities fail to implement adequate public health measures.
In these cases, the detainee may be released on conditions such as bond or ankle monitoring.
Detained immigrants who have health concerns may request release on bond, which allows them to be released from detention while awaiting further immigration proceedings. This request can be made based on health risks, including COVID-19.
The request for bond may be supported by medical evidence or documentation that demonstrates the detainee's vulnerability to the virus or other health complications.
Immigrants or their attorneys may file a legal challenge (habeas corpus petition) to contest continued detention on health grounds. In these challenges, they must provide evidence that detention is harmful to the individual’s health and that alternatives to detention (e.g., release on bond or supervised release) are appropriate.
During the pandemic, many immigrant advocacy groups have filed lawsuits seeking the release of detainees from overcrowded detention centers to prevent the spread of COVID-19.
ICE is required to conduct health screenings for all detainees to identify individuals who may require special medical care or be at heightened risk for COVID-19. Detainees who show symptoms of illness or have underlying medical conditions may be considered for release based on their health status.
ICE also has medical professionals who assess whether an individual’s health condition warrants their release from detention.
The COVID-19 pandemic has created heightened awareness of the risks associated with holding individuals in crowded detention centers. As a result, ICE has been under pressure to release detainees, especially those who are vulnerable to severe illness from COVID-19.
Some detainees have been released on humanitarian grounds or due to the risk of exposure to the virus in detention, especially as the virus spreads within the facilities.
During the COVID-19 pandemic, courts have ruled that detention centers must take adequate steps to prevent the spread of the virus. In some cases, courts have ordered the release of immigrants whose continued detention would pose a serious risk to their health.
The government has faced legal challenges over its failure to protect detainees from COVID-19, leading to greater scrutiny of detention conditions and the consideration of health risks in release decisions.
A 60-year-old immigrant from Mexico is detained at an ICE facility and has a history of asthma and high blood pressure. Due to the COVID-19 pandemic, he fears that being in a detention center will increase his risk of contracting the virus, which could exacerbate his health problems. His attorney submits a request for release on medical grounds, providing supporting documents from a doctor that outline his medical conditions and vulnerability. ICE grants his release on bond with the condition that he will undergo regular health checkups and follow social distancing guidelines.
Detained immigrants with health issues, especially those at heightened risk from COVID-19 or other serious medical conditions, may be eligible for release from detention. The decision is influenced by medical assessments, legal petitions, and public health considerations. However, each case is unique, and individuals seeking release due to health reasons may need to navigate complex legal processes, including bond hearings and challenges to their detention in immigration courts.
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