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Judge's ruling extends Covid-19 protections for detainees
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Judge's ruling extends Covid-19 protections for detainees

Federal Detention Facility

The Federal Detention Facility in Batavia.

A U.S. District judge on Monday extended protective measures for all detainees at the Federal Detention Facility in Batavia, where 49 people came down with Covid-19 in April.

The initial petition on behalf of detainees, filed in March, resulted in a court order by Judge Lawrence J. Vilardo on April 2 that required social distancing protections for detainees 65 or older, or those medically at-risk. The protections came recommended by the U.S. Centers for Disease Control and Prevention. But Vilardo, a week later, found the Immigration and Customs Enforcement detention center's proposed remedies were in compliance for all detainees.

The judge's decision Monday converts a temporary restraining order into a permanent order until Gov. Andrew Cuomo lifts current restrictions on social distancing designed to protect all people in the state against Covid-19.

"Although the Court commends the respondents for taking extensive measures to protect the petitioners — some beyond those mandated by the Court— the pandemic is far from over, and the recent resurgence underscores the critical importance of these special protections," Vilardo wrote in his order.

"I think the ruling today was important in that it extends the protections to a more permanent state that we have been advocating all along," said John Peng, an Immigration Justice Corps fellow at Prisoners' Legal Services of New York, which filed the case in court along with the New York Civil Liberties Union.

"The coronavirus throughout the nation presents a recurrent issue that can always present itself again at the facility," Peng said. "Thankfully, since April, when 49 individuals contracted the coronavirus, that facility has been successful at preventing the coronavirus from arriving at the doors again."

But despite the improved conditions inside the detention facility, Peng said the judge's ruling will ensure there isn't a letdown.

"Vigilance is still necessary to ensure people at the facility continue receiving protection and will be kept safe if there are additional outbreaks of the coronavirus," Peng said.

The majority of people in the ICE detention center are going through removal proceedings initiated by the government in administrative or circuit courts, Peng said. Others have removal orders but can't be removed for various reasons. And some are in diplomatic limbo.

Court documents also disclosed the status of the initial 23 detainees who took ICE to court, and four others later added to the case.

Ten detainees have been released, two were removed, a dozen live in single-occupancy cells, one lives in a double-occupancy cell and two are in dorms.

ICE said in April that detainees were being monitored and tested for Covid-19 in line with CDC guidelines.

"We have been taking important steps to safeguard all detainees, staff and contractors, including reducing the number of detainees in custody by placing individuals on alternatives to detention programs, suspending social visitation and incorporating social distancing practices with staggered meals and recreation times," ICE said in the statement.

Mark Sommer covers preservation, development, the waterfront, culture and more. He's also a former arts editor at The News. 

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At-risk detainees at the Federal Detention Center in Batavia are being denied the protective measures ordered by a federal judge, according to court papers filed today. The same prisoner rights advocates who fought for those measures – single occupancy cells and the ability to bathe and eat in isolation – now claim the detention center is abiding by the court’s order

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