Medical neglect, lockdowns and harsh conditions: Inside a Kansas ICE facility
Immigrants held at a federal detention center in Kansas say they’re facing harsh conditions and continued confinement even after winning their legal cases, according to a letter sent to immigration officials by the American Civil Liberties Union. The May 29 letter focuses on the Federal Correctional Institution in Leavenworth, where U.S. Immigration and Customs Enforcement are holding at least 80 detainees.
ACLU demands federal officials to step in
ICE and the Federal Bureau of Prisons (BOP) have a formal agreement to use the Leavenworth facility as a detention site for immigrants in federal custody. At the same time, other individuals not held by ICE are also detained at the facility, resulting in immigrants undergoing more restrictive conditions.
The ACLU and civil rights lawyers said in the last two months, they’ve heard stories from detainees that their conditions go against the federal agreement, the U.S. Constitution and ICE policies.
“Detaining someone and undermining their due process by blocking access to counsel is a clear and unequivocal violation of the Sixth Amendment,” said Michael Sharma-Crawford, an immigration attorney and chair of the local American Immigration Lawyers Association.
The BOP and ICE officials have not publicly responded to the ACLU’s allegations. It’s also important to note that there is no indication of the criminal history of the detainees or whether they were ever charged.
Medical concerns, use of force, mental health decline
The letter to the warden of the facility, Department of Justice and BOP says the language barriers between detainees and staff block many from receiving medical care. Several detainees report being told they must pay for medication and dental care, which the ACLU says is a violation of the U.S. Immigration and Customs Enforcement policy, which requires medically necessary services to be provided at no cost.
One detainee said he was forced to pay to receive dental care. Another had a severe toothache and was reportedly told to buy ibuprofen from the commissary. Without money to pay for it, the ACLU said he went without medication and remained in pain for more than three months.
Language barriers compound the problem. Many detainees at FCI Leavenworth have limited English proficiency, but report not being provided access to interpreters or translated materials.
Several immigrants have reported that medical staff do not use interpreters during appointments. One Spanish-speaking detainee said he received no translation support and had to fill out request forms in Spanish using English-language paperwork. Another detainee, who speaks only Russian, said he had submitted multiple written medical requests in Russian with no reply.
In some cases, immigrants being held there say they are on lockdown in crowded cells for at least 20 hours each day.
“On frequent occasions — at least once every two weeks — the facility is so understaffed that officers have refused to let detainees out of their cells for more than 72 consecutive hours, or three days,” the letter states. While BOP inmates receive regular outdoor time and more opportunities to leave their cells, ICE detainees at Leavenworth are barred from using the facility’s outdoor recreation yard.
To make room for more people, prison officials have replaced four beds in some of the 8-by-12-foot cells with triple-stacked bunks, squeezing up to nine people into a single room, the ACLU said.
Attorneys representing clients being held at the facility explain that they’ve gone into depression, causing some to attempt suicide. Other reports state that staff have used an excessive amount of force against them when being ordered to return to their cells.
Detainees being held even after winning cases
Despite prevailing in immigration court, many immigrants held at FCI Leavenworth remain in custody, according to reports from both attorneys and their clients.
Several individuals at the facility have been granted relief under protections like withholding of removal or the U.N. Convention Against Torture, which are legal findings that prevent the government from deporting them due to the risk of persecution or torture in their home countries. In these cases, immigration judges have ruled in their favor, and ICE has not filed an appeal to challenge the rulings.
Even still, detainees say that they remain behind bars for weeks or even months after their cases have concluded. In some instances, individuals have reportedly been held for more than three months after winning their cases.
Legal experts and advocates cite the 2001 Zadvydas v. Davis ruling, in which the U.S. Supreme Court stated that the government cannot detain immigrants indefinitely once removal is no longer reasonable.
What does the ACLU recommend?
The American Civil Liberties Union is urging federal officials to release all immigrant detainees at FCI Leavenworth who have already won their cases in immigration court. In a formal appeal to both ICE and the Bureau of Prisons, the organization also called for sweeping reforms to detention conditions.
Among its demands are prompt and consistent medical care, an end to prolonged lockdowns and action to reduce overcrowding in cells. The ACLU is also pushing for guaranteed access to phone calls with attorneys and family members, as well as daily opportunities for exercise and enforcement of ICE’s policy that requires medical care to be provided at no cost to detainees.
Another letter highlighting the facility’s conditions
The Kansas Federal Public Defender’s office recently sounded the alarm over conditions inside FCI Leavenworth, citing a rat infestation that has persisted for months. In a letter sent to prison leadership and the Bureau of Prisons, defenders criticized recurring failures with the facility’s video visitation that is disrupting communication between attorneys and their clients. The ACLU of Kansas stated, in a written reply, that the warden acknowledged efforts to address the pest problem and affirmed that all legal visits remain confidential and are free from monitoring.
Ella Rae Greene, Editor In Chief
