Father battling leukemia detained by ICE, can't get correct medication: ACLU
The American Civil Liberties Union (ACLU) of Michigan has filed a case in federal court on behalf of eight undocumented individuals who have been detained, including a father battling a rare form of leukemia.
The ACLU said that because of a recent directive by President Donald Trump's administration, the detainees are no longer able to have bond hearings to seek release while their immigration cases play out, a process that can take months or even years.
The directive is being challenged in several lawsuits across the country.
"In this country, due process is fundamental," Miriam Aukerman, senior staff attorney for the ACLU of Michigan, who is representing the plaintiffs, said at a virtual conference on Thursday.
"We don't just lock people up and throw away the key. Rather, judges decide who should be behind bars. That is true for citizens and non-citizens for decades," Aukerman said.
One of the plaintiffs currently detained, Jose Daniel Contreras-Cervantes, suffers from a rare form of leukemia, with a four-to-six-year life expectancy, according to lawyers and his wife, who say he has not been able to consistently receive the treatment he needs while in detention.
ABC News has reached out to the Department of Homeland Security for a comment.
“We know that our time together was limited because of his prognosis,” Lupita Contreras, a U.S. citizen, said in a statement. “We didn't know that some of our precious time together would be abruptly and cruelly stolen.”
Jose was detained in August following a traffic stop for allegedly going ten miles over the speed limit, according to his wife and the ACLU.
Born in Mexico, he came to the U.S. when he was 14, they said. Jose and Lupita have three children. Their two sons appeared briefly on the virtual press conference, saying in tears how much they missed their father.
“For 22 days, Jose did not receive his medication, which he is to take daily for his leukemia,” Lupita said. “Lapses in his medication and medical treatment can cause severe symptoms, including damage to his vision, infections and the loss of his life.”
“He is not getting the type of medication that his doctors recommend. He's getting a substitute medication,” Aukerman added. “He's not being treated by the specialist care team he needs. He is getting some medical treatment, but he's not getting the medical care that he needs for his condition.”
According to Aukerman, other than traffic violations, Jose does not have any criminal record that could otherwise prevent a bond hearing from being considered.
“This new directive is one of the most dangerous and far-reaching abuses of power that we've seen in this administration's mass deportation campaign,” Aukerman said. “If unchecked, it will affect thousands, possibly millions of people. It will result in family separation on an unprecedented scale.”
The ACLU said in a press release that the other petitioners "have lived in the United States as long as 25 years, in some cases since infancy, and have longstanding ties to their communities. None have a criminal record, other than for traffic infractions."
