ICE, CBP, and DHS workers failed Roxsana at each step.
Immediately Transgender Regulation Heart (TLC), Grant & Eisenhofer Regulation, and the Regulation Workplace of Daniel Yohalem introduced that they’ve requested to file an amended grievance alleging wrongful loss of life, negligence and discrimination on the a part of the USA which led on to the loss of life of Roxsana Hernandez, a Honduran transgender asylum-seeker dwelling with HIV, whereas she was being transported from San Diego, California to Cibola, New Mexico. This amended grievance provides the USA, together with U.S. Immigration and Customs Enforcement (ICE), U.S. Customs and Border Safety (CBP), and the USA Division of Homeland Safety (DHS) to the record of entities who had a direct position in Roxsana’s loss of life.
“Each U.S. company that Roxsana interacted with on her journey triggered her hurt and finally failed her,” stated Dale Melchert, TLC’s workers lawyer. “ICE had an obligation to offer care to Roxsana, a duty that they fully abdicated, and as a substitute discriminated in opposition to her primarily based on her gender identification, HIV standing, and nationwide origin. DHS can not safely detain transgender folks, and we can not afford one other misplaced life. DHS ought to finish trans detention now.”
“My sister got here to the U.S. seeking security and safety from the horrific violence she skilled as a trans girl in Honduras, and what she discovered as a substitute was abuse, discrimination, and neglect,” stated Jenny Hernández Rodríquez, sister of Roxsana Hernandez. “The tragic undeniable fact that she is now not with us is a direct results of that discrimination and neglect.”
Attorneys for Roxsana’s household search so as to add the USA as a Defendant to Youngers v. MTC, the lawsuit within the U.S. District Courtroom for the District of New Mexico in opposition to the ICE contractors who transported and detained her: Administration & Coaching Company, LaSalle Corrections Transport LLC, International Precision Methods LLC, TransCor America LLC, and CoreCivic, Inc. Youngers alleges a negligence on the a part of all named entities to offer ample medical care, adequate meals, water, entry to a restroom, and a chance to sleep despite the fact that Roxsana was visibly and symptomatically ailing in blatant violation of US legislation. Additional, the Defendants ignored the pleas of fellow asylum seekers who expressed concern for Roxsana’s situation. Discrimination right here is evident. ICE and CBP handled Roxsana this manner as a result of she was a transgender asylum seeker from Honduras dwelling with HIV. ICE shirked their tasks by repeatedly denying her life saving medical therapy, and the fundamental requirements of entry to meals and water.
“The gravity of Roxsana’s case, and the fast want to finish the detention of trans folks within the U.S. can’t be overstated,” stated Kimberly Evans from Grant & Eisenhofer Regulation. “That’s why we’re excited to be partnering with TLC on this essential matter.”
Final April, TLC, Ballard Spahr LLP, and the Speedy Protection Community filed a class action lawsuit demanding the discharge of all transgender folks in civil immigration detention. The submitting included testimony from trans migrants that make it clear that the abhorrent circumstances that Roxsana was subjected to are nonetheless the norm, and that trans persons are nonetheless languishing in detention all through the lethal COVID-19 pandemic. In an effort to maintain the strain on the U.S., TLC is becoming a member of Familia: TQLM, Mijente, and the Black LGBTQIA+ Migrant Undertaking (BLMP) to name on the Biden Administration to right away finish the detention of all trans folks.
“What ICE did to Roxsana Hernandez isn’t an remoted incident. Now we have seen time and time once more how ICE and CBP proceed to abuse and perpetuate violence on trans immigrants on the border and in detention facilities. Roxsana’s story is a part of our broader demand to finish trans detention and finish all detention and deportation. Our communities won’t cease organizing till we get justice for Roxsana Hernandez, Johana Medina and till we abolish ICE.”