Case 1:20-cv-00786 Document 1 Filed 03/21/20 Page 1 of 45

Jacquelyn M. Kline ** Amy Maldonado, Of Counsel ** ALDEA - THE PEOPLE’S JUSTICE CENTER 532 Walnut Street Reading, PA 19601 Phone: (484) 877-8002 Fax: (484) 926-2032

Gregory P. Copeland (D.D.C. Bar # NY0311) Sarah T. Gillman (D.D.C. Bar # NY0316) RAPID DEFENSE NETWORK 11 Broadway, Suite 615 New York, NY 10004-1490 Phone (212) 843-0910 Fax: (212) 257-7033

Manoj Govindaiah (D.D.C. Bar # TX0145) Curtis F.J. Doebbler (D.D.C. Bar # 481243) REFUGEE AND IMMIGRANT CENTER FOR EDUCATION AND LEGAL SERVICES (RAICES) 802 Kentucky Avenue San Antonio, TX 78212 Phone: 210-226-7722 Fax: 210-282-4156
Attorneys for Petitioners **Application for admission pro hac vice forthcoming

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

O.M.G. and H.G.M., a minor;1 C.L. and J.A., a minor; M.C. and G.L.C., a minor; A.H.R. and J.H.R., a minor; N.V. and Z.F., a minor; R.S.J. and S.A., a minor; A.L.M. and A.M.M., a minor; G.A.Q. and minors N.N.A. and A.A.Q.; N.M.L. and A.R.M., a minor; M.R.A. and L.C.R., a minor; J.S.P. and M.A.S., a minor; K.N.E. and E.A.N., a minor; K.P.P. and minors M.P.P. and I.P.P.; M.C.M. and S.M.C., a minor; C.C.G. and E.C.G., a minor; B.C.A. and G.S.C., a minor; S.J.A. and W.A.A., a minor; O.T.G. and T.T.G., a minor; M.J.P. and minors A.M.P., A.P.P. and C.P.P.; J.C. and Y.C., a minor; C.R.R. and minors V.G.R. and I.G.R.; A.C.O. and J.S.O., a minor; M.A.M. and G.M.A., a minor; J.M.R. and C.G.M., a minor; R.P.F. and J.F.P., a minor; M.R.C. and M.E.C., a minor; B.G.C. and S.M.G., a minor; C.A.M. and A.P.A., a minor; M.A.H. and I.M.A., a minor; and
Physical Address: South Texas Family Residential Center 300 El Rancho Way Dilley, TX 78017; and

Case No. 1:20-cv00786
EMERGENCY VERIFIED PETITION FOR A WRIT OF MANDAMUS AND COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF

1 This Petition is concurrently filed with a Motion to Proceed Under Pseudonyms due to the fact that all Plaintiffs are seeking protection from persecution and torture in their home countries.

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M.B.G., M.H.H. and A.B.H., a minor; C.V.S., S.V.S., and minors J.B.S., R.B.V., J.V.V.-1, J.V.V-2. and N.V.V.; B.P., K.G.D. and E.P.G., a minor; and
Physical Address: Berks County Residential Center 1040 Berks Rd Leesport, PA 19533;
R.M. and V.P., a minor; A.R., T.F. and minors B.F.R. and D.F.R.; A.G.V., A.M.G. and minors A.G.M.-1, A.G.M.-2, and A.G.M.-3; G.R.D., B.N.P., and minors M.R.N., I.R.N., and N.R.N.; A.A.G., L.M.V., and S.A.M, a minor,
Physical Address: Karnes County Family Residential Center 409 FM1144 Karnes City, TX 78118
Petitioners,
v.
Chad WOLF, in his official capacity as the acting Secretary of the U.S. Department of Homeland Security; and
Physical Address: Office of the General Counsel U.S. Department of Homeland Security Washington, D.C. 20528;
William BARR, in his official capacity as the Attorney General of the United States,
Physical Address: Office of the Attorney General U.S. Department of Justice 950 Pennsylvania Avenue, N.W., Washington, D.C. 20530-0001,
Respondents.
PRELIMINARY STATEMENT
1. This case presents the question of whether the government can recklessly expose
Petitioners – non-citizen parents and their children detained in purported civil immigration
family detention – to conscious shocking risk of exposure to contracting the deadly COVID-19
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virus in the midst of a global pandemic by failing to take the mostly minimally precautions to prepare for the all too foreseeable catastrophe in crowded family detention. The answer is no.
2. The novel coronavirus that causes COVID-19 has led to a global pandemic. In only a few months, 306,677 people worldwide have been diagnosed with COVID-19 and over 13,017 have died. Despite repeated, advanced and continued warnings about COVID-19,2 Respondents have failed to minimally prepare for and provide for the health and safety of Petitioners – non-citizen parents and children detained in the three Immigration and Customs Enforcement (“ICE”) detention facilities exclusively holding migrant family units in the United States: Berks County Residential Center in Leesport, Pennsylvania; South Texas Family Residential Center in Dilley, Texas; Karnes County Family Residential Center in Karnes City, Texas (collectively, “FRCs”.)
3. The Petitioners (the “families”) in this matter are mothers, fathers and minor children who have been placed in purportedly civil detention in a family residential center, a communal space for families seeking asylum in the United States. They are unfortunately in this placement as a pandemic spreads around them. The families are trapped and at risk of serious irreparable physical harm. Their placement in family detention has created a dangerous situation that imminently threatens their lives, the lives of those in the surrounding communities, and the general public should a COVID-19 crisis spark within family detention.
4. Families in FRCs are scared and concerned for their lives. Their legal services providers share the families’ concerns. No minimally sufficient measures have been taken by the Respondents to ensure their care and safety, if that is even possible in the context of the FRCs.
2 As of March 21, 2020 at 7:06 p.m. EST. See COVID-19 CORONAVIRUS PANDEMIC, WORLDOMETER (Mar. 21, 2020), https://www.worldometers.info/coronavirus/.
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5. The only known effective measures to reduce the risk of COVID-19 are education, social distancing and improved hygiene. See Exh. 12, Declaration of Dr. Ronald Waldman at ¶ 7 (“There is no specific cure or medical countermeasure for COVID-19. Only nonpharmaceutical interventions are available to slow its spread and to mitigate the serious consequences that result from it. The most important of these is commonly termed “social distancing”.”); Exh. 14, Letter to Congress Profs. Allen and Rich at 4 (“social distancing is essential to slow the spread of the coronavirus to minimize the risk of infection and to try to reduce the number of those needing medical treatment from the already-overwhelmed and inadequately prepared health care providers and facilities. However, social distancing is an oxymoron in congregate settings”); Exh. 13, Declaration of Dr. Julia DeAun Graves at ¶¶ 2 & 5. Communities have utilized concepts like “shelter in place” and household self-quarantines, which are impossible for the families. Respondents have failed to provide education to Petitioners and individuals employed at the FRCs, ensure that minimum basic necessities such as soap or hand sanitizer are provided, and ensure that is possible to achieve the critical need for social distancing. See Exh. 16, Declaration of O.M.G. at ¶ 11 (“ The guards have not given us any information about the disease, or how we can protect ourselves from getting it. The jail has not increased our access to hand soap or hand sanitizer, and there are no new efforts to ensure everyone detained here washes their hands. I have not seen any heightened cleaning procedures. The contracted cleaners clean my dorm room once a week. Detained families are required to do the additional cleaning. However, we are not given supplies other than a broom.”); Exh. 2, Declaration of Bridget Cambria at ¶ 28 (inadequate access to soap); Exh. 4, Declaration of M.B.G. at ¶ 7; Exh. 4 (same), Declaration of Shalyn Fluharty at ¶¶ 18, 22 (70.4% of families
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stated they had not been provided with additional soap or hand); Exh. 8, Declaration of Julia
Valero at 8; Exh. 11, Declaration of T.F. at ¶ 7.
6. The novel coronavirus that causes COVID-19 has caused a global pandemic.3 In
only a few months, more than 306,677 people worldwide have received confirmed diagnoses of
COVID-19, and over 13,017 of those people have died.4 In the United States alone, 25,896 cases
of infection have been reported and 316 people have died.5 The disease itself does not
discriminate between the old and young, and people of all ages, with and without preexisting
conditions, have died.6 All 50 states have reported cases of COVID-19 infection.7 There is no
vaccine against COVID-19, and there is no known cure. No one and no place is immune.
7. The Centers for Disease Control and Prevention (“CDC”) reports that “[t]he best
way to prevent illness is to avoid being exposed to this virus.”8 The CDC advises that COVID-
19 is thought to spread mainly from person-to-person, between people who are in close contact
with one another (within about 6 feet) and through respiratory droplets caused when someone
coughs or sneezes.9
3 World Health Organization, Rolling updates on coronavirus disease (COVID-19) (Updated Mar. 20, 2020) https://www.who.int/emergencies/diseases/novel-coronavirus-2019/events-as-they-happen.
4 As of March 21, 2020 at 7:06 p.m. EST. See COVID-19 CORONAVIRUS PANDEMIC, WORLDOMETER (Mar. 21, 2020), https://www.worldometers.info/coronavirus/.
5 Id. 6 As of March 21, 2020 at 3:10p.m. EST. See Severe Outcomes Among Patients with Coronavirus Disease 2019 (COVID-19) — United States, February 12–March 16, 2020, CDC COVID-19 Response Team (Mar. 18, 2020) https://www.cdc.gov/mmwr/volumes/69/wr/mm6912e2.htm?s_cid=mm6912e2_w; As of March 21, 2020 at 3:18 p.m. EST. See 34-Year-Old Man Who Died After Getting Coronavirus Had Visited Disney World, Rachel Olding (Mar. 19, 2020) https://www.thedailybeast.com/california-man-age-34-who-died-after-contracting-coronavirus-had-visiteddisney-world-and-universal-studios. 7 As of March 21, 2020 at 3:20 p.m. EST. See Situation Summary (Mar. 18, 2020) https://www.cdc.gov/coronavirus/2019-ncov/casesupdates/summary.html?CDC_AA_refVal=https%3A%2F%2Fwww.cdc.gov%2Fcoronavirus%2F2019ncov%2Fsummary.html. 8 As of March 21, 2020 at 3:20 p.m. EST. See How to Protect Yourself (Mar, 2020) https://www.cdc.gov/coronavirus/2019-ncov/prepare/prevention.html. 9 Id.
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8. States have taken extraordinary and unprecedented measures to ensure that their
citizens practice “social distancing” in order to halt the spread of COVID-19. On March 19,
2020, Governor Gavin Newsom of California ordered 40 million Californians to stay in their
houses or their places of residence; on March 20, 2020, Governor J.B. Pritzker issued a similar
order for the State of Illinois.10 New York, New Jersey and Connecticut have banned gatherings
of more than 50 people, closed gyms and casinos, and restaurants and bars are only allowed to
provide take-out or delivery services.11 On March 19, 2020, Governor Tom Wolf on
Pennsylvania issued a sweeping shutdown order to tens of thousands of “non-life-sustaining”
businesses.12 Numerous states have closed schools for at least one month, and Kansas has
ordered that schools will not reopen for the remainder of the 2019-2020 school year.13
9. The criminal detention facilities in San Antonio, Texas and Berks, Pennsylvania
have released prisoners out of concerns for their well-being and to decrease the spread of COVID-
19.14
10. The consensus in the medical community is that the COVID-19 epidemic will
escalate dramatically in the coming months. Hospitals around the country are already running
10 As of March 21, 2020 at 3:28 p.m. EST. See Coronavirus (COVID-19) in California. California Coronavirus (COVID-19) Response. (Mar. 2020). https://covid19.ca.gov/; As of March 21, 2020 at 3:31 p.m. EST. See Executive Order in Response to COVID-19. State of Illinois. March 20, 2020. https://www2.illinois.gov/Documents/ExecOrders/2020/ExecutiveOrder-2020-10.pdf.
11 As of March 21, 2020 at 3:33 p.m. EST. See10 States With the Most Aggressive Response to COVID-19. U.S. News and World Report. (March 17, 2020). https://www.usnews.com/news/best-states/articles/2020-03-17/10states-with-the-most-aggressive-response-to-coronavirus
12 As of March 21, 2020 at 3:38 p.m. EST. See Gov. Wolf delays enforcement of order closing 'non-lifesustaining' businesses amid COVID-19https://6abc.com/health/gov-wolf-orders-1000s-of-businesses-to-shut-downover-virus/6031024/.
13As of March 21, 2020 at 3:39 p.m. EST. See Some schools closed for coronavirus in US are not going back for the rest of the academic year. CNN. (March 18, 2020). https://www.cnn.com/2020/03/18/us/coronavirus-schoolsnot-going-back-year/index.html.
14 See https://www.expressnews.com/news/local/article/Sheriff-quarantines-11-deputies-releases-more15144847.php and https://www.wfmz.com/health/coronavirus/berks-jail-freeing-some-inmates-in-effort-to-avoidvirus/article_7d3229c8-69ea-11ea-a960-8b97f5a94d08.html
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out of medical supplies.15 The projections for those who contract the virus and those who succumb to the illness are startling and grave. The CDC suggested that between 160 million and 210 million Americans could contract the disease over as long as a year. Based on mortality data and current hospital capacity, the number of deaths under the CDC’s scenarios ranged from 200,000 to as many as 1.7 million…It found as many as 21 million people might need hospitalization, a daunting figure in a nation with just about 925,000 hospital beds.”16
11. Despite the directives from the CDC, the extraordinary measures being taken by the States to ensure social distancing, and the lack of adequate medical supplies, Respondents have failed to protect one of the most vulnerable populations in their charge: noncitizen asylumseeking families in family detention.
12. Notably, on March 19, 2020, both ICE and the Office of Refugee Resettlement (“ORR”) reported their first cases of COVID-19 in detention centers they run: a member of the medical staff of an ICE adult detention facility, and a staff member of an ORR detention center for unaccompanied minors. .17 Currently, thousands of non-citizen parents and minor children are being detained in the three FRCs. Many mothers, fathers and children have been detained well prior to the start of the pandemic and many have recently been detained. All of the families are at risk at present, and their situation presents a grave situation, a tinderbox, that once sparked
15 As of March 21, 2020 at 3:39 p.m. EST. See Hospital Workers Make Masks From Office Supplies Amid U.S. Shortage. Bloomberg News. (March 17, 2020). https://www.bloomberg.com/news/articles/2020-03-18/hospitalmakes-face-masks-covid-19-shields-from-office-supplies
16 As of March 21, 2020 at 3:42 p.m. EST See Worst-case coronavirus models show massive US toll.The Hill. (March 13, 2020). https://thehill.com/homenews/state-watch/487489-worst-case-coronavirus-models-showmassive-us-toll
17 As of March 21, 2020 at 3:45 p.m. EST See ICE medical staff member tests positive for COVID-19. The Hill. (March 19, 2020). https://thehill.com/policy/healthcare/488568-ice-medical-staff-tests-positive-for-covid-19; As of March 21, 2020 at 3:45 p.m. EST See A Staff Member At A Facility Housing Unaccompanied Immigrant Children Has Tested Positive For The Coronavirus. Buzzfeed News. Hamed Aleaziz. (March 19, 2020) https://www.buzzfeednews.com/article/hamedaleaziz/staff-member-coronavirus-diagnosis-unaccompaniedimmigrant
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will create a crisis that threatens the lives of the women, men and children who are detained in family residential centers. See e.g. Exhs. 2 (Declaration of Bridget Cambria), 4 (Declaration of Shalyn Fluharty), 7 (Declaration of Andrea Meza).
13. FRCs are congregate environments, in which the families live, eat, and sleep in close proximity. See Exh. 2, Declaration of Bridget Cambria at ¶¶ 9-18; Exh. 4, Declaration of Shalyn Fluharty at ¶¶ 6-18; Exh. 7, Declaration of Andrea Meza at ¶ 35. Thus, detainees in FRCs face increased danger of contracting COVID-19, as already evidenced by the rapid spread of the virus in cruise ships and nursing homes. Id. For that reason, “Doctors, lawyers, asylum-seekers and former officials are urging the Trump administration to release thousands of immigrants from detention to avoid a potentially deadly corona virus outbreak in scores of facilities across the country.”18 “‘It’s a vulnerable situation,’ John Sandweg, an acting head of ICE during the Obama administration, told CBS News. ‘You have the exact situation everyone is cautioning against. You have a bunch of people contained in a very small environment.’…‘[c]an you imagine if you get an outbreak in these detention facilities? It’s going to spread like wildfire,’ Sandweg added. ”19
14. Family Residential Centers are reserved for those asylum-seeking families who are not in criminal proceedings, do not pose a danger to the community, and are simply civil detainees. For that reason, residential centers, different from conventional high security prisons, encourage comingling of all detainees regardless of age, genders, or other vulnerable trait.
15. The three primary legal service providers that give legal assistance to the detainees in the FRCs—the Refugee and Immigrant Center for Education and Legal Services
18 As of March 21, 2020 at 3:48 p.m. EST See “Powder kegs": Calls grow for ICE to release immigrants to avoid coronavirus outbreak. CBS News. (March 19, 2020).https://www.cbsnews.com/news/coronavirus-ice-releaseimmigrants-detention-outbreak/
19 Id.
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(“RAICES”), The Dilley Pro Bono Project (“DPBB”), and ALDEA - The People’s Justice Center (“ALDEA”)—all report that in their visits to the FRCs in the past week, they have observed and learned that the FRCs are not following CDC guidelines to prevent the spread of COVID-19:
• Social distancing—keeping a distance of 6 feet—is impossible, as detainees are surrounded by tens to hundreds of other detainees at any given time, sharing bedrooms, bathrooms, and communal spaces;
• The FRCs do not have instructions on how to maintain hygiene (wash hands, sanitize hands, stay 6 feet apart);
• The detainees are not provided hand sanitizer; • Detainees do not have consistent access to soap, and are often required to
purchase soap themselves; • Detainees are not provided protective masks or gloves; • Guards and staff working at the FRCs, in the common areas and cafeteria, do not
use masks or gloves, do not abide by the 6 feet social distancing rule, and still shake hands, and; • Hundreds of families in the FRCs are exhibiting symptoms of COVID-19, including coughs, fever, shortness of breath, but are not being tested for COVID19, or getting adequate medicine to address these symptoms. See Exhs. 2, Declaration of Bridget Cambria; Exh. 3, Declaration of M.B.G.; Exh. 4, Declaration of Shalyn Fluharty; Exh. 5, Declaration of Allison Herre; Exh. 6, Declaration of Stephanie Alvarez-Jones; Exh. 7, Declaration of Andrea Meza; Exh. 8, Declaration of Julia Valero; Exh. 9, Declaration of Laila Ayub; Exh.10, Declaration of R.P.; Exh. 11, Declaration of T.F.; Exh. 16, Declaration of O.M.G.; Exh. 17, Declaration of C.L. 16. Numerous experts in the field of infectious disease and public health warn that to contain the unchecked spread of the COVID-19 virus, Respondents must relocate as many people as possible out of these institutional settings. See e.g. Exh. 12, Declaration of Dr. Ronald
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Waldman at ¶¶ 7-11; Exh. 13, Declaration of Dr. Julia DeAun Graves at ¶ 5-12; Exh. 14, Letter to Congress Profs. Allen and Rich; Exh. 15, Declaration of Dr. Jaimie Meyer at ¶¶ 7-35.
17. Upon information and belief, although Respondents have begun to release some families—those that include pregnant women or people who suffer from asthma—at the Karnes and Dilley FRCs, the remaining families continue to suffer from Respondents continued failures. If Respondents do not take immediate and drastic steps to protect their detainees, utilize applicable policies and laws, require social distancing for each and every family, to provide every individual sanitizers and soap, to ensure adequate medical capability and resources for all detained families, FRCs will become sites of massive numbers of COVID-19 cases placing both people held there, as well as those who work there and the public at large, at high risk of infection and death. See id.
18. The FRCs have failed to implement adequate protocols to protect Petitioners and all migrant family detainees from COVID-19. See Exhs. 2, Declaration of Bridget Cambria; Exh. 4, Declaration of Shalyn Fluharty; Exh. 5, Declaration of Allison Herre; Exh. 6, Declaration of Stephanie Alvarez-Jones; Exh. 7, Declaration of Andrea Meza; Exh. 8, Declaration of Julia Valero; Exh. 9, Declaration of Laila Ayub. Their failures risk the lives of the families Respondents have chosen to detain, and those failures threaten the general public as well.
19. If even one detainee were to contract COVID-19, a spread throughout the facility would be impossible to contain and would threaten the lives and general welfare of the detained family population and the public at large. The residential centers cannot sustain the risk, the surrounding communities cannot sustain the risk, and the threat to the health systems in areas with FRCs is unimaginable. See Exh. 14, Letter to Congress Profs. Allen and Rich at p. 4 (“This then creates an enormous public health risk, not only because disease can spread so quickly, but
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because those who contract COVID-19 with symptoms that require medical intervention will need to be treated at local hospitals, thus increasing the risk of infection to the public at large and overwhelming treatment facilities.”)
PARTIES 20. Petitioners O.M.G. (a mother), and H.G.M. (a child) from Honduras are in civil immigration detention as a family unit at the South Texas Family Residential Center. 21. Petitioners C.L. (a mother) from Haiti and J.A. (a child) from Brazil are in civil immigration detention as a family unit at the South Texas Family Residential Center. 22. Petitioners M.C. (a mother) from Haiti and G.L.C. (a child) from Chile are in civil immigration detention as a family unit at the South Texas Family Residential Center. 23. Petitioners A.H.R. (a mother) and J.H.R. (a child) from Guatemala are in civil immigration detention as a family unit at the South Texas Family Residential Center. 24. Petitioners N.V. (a mother) from Haiti and Z.F. (a child) from Brazil are in civil immigration detention as a family unit at the South Texas Family Residential Center. 25. Petitioners R.S.J. (a mother) and S.A. (a child) from Haiti are in civil immigration detention as a family unit at the South Texas Family Residential Center. 26. Petitioners A.L.M. (a mother) and A.M.M. (a child) from Honduras are in civil immigration detention as a family unit at the South Texas Family Residential Center. 27. Petitioners G.A.Q. (a mother) and children N.N.A. and A.A.Q. from El Salvador are in civil immigration detention as a family unit at the South Texas Family Residential Center. 28. Petitioners N.M.L. (a mother) and A.R.M. (a child) from Honduras are in civil immigration detention as a family unit at the South Texas Family Residential Center. 29. Petitioners M.R.A. (a mother) and L.C.R. (a child) from Honduras are in civil immigration detention as a family unit at the South Texas Family Residential Center.
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30. Petitioners J.S.P. (a mother) and M.A.S. (a child) from Honduras are in civil immigration detention as a family unit at the South Texas Family Residential Center.
31. Petitioners K.N.E. (a mother) and E.A.N. (a child) from Honduras are in civil immigration detention as a family unit at the South Texas Family Residential Center.
32. Petitioners K.P.P. (a mother) and children M.P.P. and I.P.P. from Ecuador are in civil immigration detention as a family unit at the South Texas Family Residential Center.
33. Petitioners M.C.M. (a mother) and S.M.C. (a child) from Honduras are in civil immigration detention as a family unit at the South Texas Family Residential Center.
34. Petitioners C.C.G. (a mother) and E.C.G. (a child) from El Salvador are in civil immigration detention as a family unit at the South Texas Family Residential Center.
35. Petitioners B.C.A. (a mother) and G.S.C. (a child) from Ecuador are in civil immigration detention as a family unit at the South Texas Family Residential Center.
36. Petitioners S.J.A. (a mother) and W.A.A. (a child) from Guatemala are in civil immigration detention as a family unit at the South Texas Family Residential Center.
37. Petitioners O.T.G. (a mother) and T.T.G. (a child) from Guatemala are in civil immigration detention as a family unit at the South Texas Family Residential Center.
38. Petitioners M.J.P. (a mother) and children A.M.P., A.P.P. and C.P.P. from Honduras are in civil immigration detention as a family unit at the South Texas Family Residential Center.
39. Petitioners J.C. (a mother) and Y.C. (a child) from Honduras are in civil immigration detention as a family unit at the South Texas Family Residential Center.
40. Petitioners C.R.R. (a mother) and children V.G.R. and I.G.R. from Mexico are in civil immigration detention as a family unit at the South Texas Family Residential Center.
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41. Petitioners A.C.O. (a mother) and J.S.O. (a child) from Honduras are in civil immigration detention as a family unit at the South Texas Family Residential Center.
42. Petitioners M.A.M. (a mother) and G.M.A. (a child) from Honduras are in civil immigration detention as a family unit at the South Texas Family Residential Center.
43. Petitioners J.M.R. (a mother) and C.G.M. (a child) from Honduras are in civil immigration detention as a family unit at the South Texas Family Residential Center.
44. Petitioners R.P.F. (a mother) and J.F.P. (a child) from El Salvador are in civil immigration detention as a family unit at the South Texas Family Residential Center.
45. Petitioners M.R.C. (a mother) and M.E.C. (a child) from Honduras are in civil immigration detention as a family unit at the South Texas Family Residential Center.
46. Petitioners B.G.C. (a mother) and S.M.G. (a child) from Guatemala are in civil immigration detention as a family unit at the South Texas Family Residential Center.
47. Petitioners C.A.M. (a mother) and A.P.A. (a child) from Honduras are in civil immigration detention as a family unit at the South Texas Family Residential Center.
48. Petitioners M.A.H. (a mother) and I.M.A. (a child) from Honduras are in civil immigration detention as a family unit at the South Texas Family Residential Center.
49. Petitioners M.B.G. (a father), M.H.H. (a mother), and A.B.H. (a child) from El Salvador are in civil immigration detention as a family unit at the Berks County Residential Center.
50. Petitioners C.V.S. (a father), S.V.S. (a mother), and children J.B.S., R.B.V., J.V.V.-1, J.V.V.-2 and N.V.V. from El Salvador are in civil immigration detention as a family unit at the Berks County Residential Center.
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51. Petitioners B.P. (a father), K.G.D. (a mother) and E.P.G. (a child) from Mexico are in civil immigration detention as a family unit at the Berks County Residential Center.
52. Petitioners R.P. (a father), R.M. (a mother) and V.P. (a child) from Haiti are in civil immigration detention as a family unit at the Karnes County Family Residential Center.
53. Petitioners A.R. (a father), T.F. (a mother) from Haiti, and their two children B.F.R. and D.F.R. from Brazil are in civil immigration detention as a family unit at the Karnes County Family Residential Center.
54. Petitioners A.G.V (a father), A.M.G (a mother), and their three children A.G.M.1, A.G.M.-2, and A.G.M.-3 from Mexico are in civil immigration detention as a family unit at the Karnes County Family Residential Center.
55. Petitioners G.R.D. (a father), B.N.P. (a mother), and their three children M.R.N., I.R.N., and N.R.N from Mexico are in civil immigration detention as a family unit at the Karnes County Family Residential Center.
56. Petitioners A.A.G (a father), L.M.V. (a mother), and S.A.M from Mexico are in civil immigration detention as a family unit at the Karnes County Family Residential Center.
57. Respondent, Chad Wolf, is named in his official capacity as the acting Secretary of the U.S. Department of Homeland Security. Respondent Wolf is responsible for enforcing federal laws concerning, for example, border control and immigration, including the INA provisions at issue in this case. Respondent Wolf has direct authority over the Immigration and Customs Enforcement (“ICE”) agency which is responsible for the civil detention of immigrants in the United States. Respondent Wolf routinely transacts business in the District of Columbia, and maintains offices in this judicial district. Respondent Wolf’s address is: U.S. Department of Homeland Security, Washington, DC 20528.
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58. Respondent, William Barr, is named in his official capacity as the Attorney General of the United States. In this capacity, he is responsible for the administration of the immigration laws as exercised by the Executive Office for Immigration Review. Respondent Barr routinely transacts business in the District of Columbia. Respondent Barr’s address is: Attorney General of the United States, U.S. Department of Justice, 950 Pennsylvania Avenue, N.W., Washington, District of Columbia 20530.
VENUE 59. Venue in the District Court for the District of Columbia is proper under 28 U.S.C. § 1391(b) because Respondents reside in this District.
JURISDICTION 60. Respondents reside within the jurisdiction of this Court. 61. This case arises under the United States Constitution; the Administrative Procedure Act (“APA”), the Flores Settlement Agreement (“FSA”), a consent decree which is effectively a contract to which the United States government is a party and of which the minor Petitioners are protected class members, and federal common law. 62. This Court has jurisdiction pursuant to The All Writs Act, 28 U.S.C. § 1651(a). 63. This Court has jurisdiction pursuant to 28 U.S. Code § 1331 (Federal Question), 28 U.S. Code § 1361 (Action to compel an officer of the United States to perform his duty) and 28 U.S.C. § 2201(a), (Federal Declaratory Judgement Act).
FACTS I. The COVID-19 Global Pandemic
64. COVID-19 is a highly infection and deadly coronavirus that, according to the World Health Organization, is a global pandemic. See Exh. 13, Declaration of Dr. Julia DeAun Graves at ¶ 2.
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65. There is currently no vaccine to prevent (COVID-19) from infecting an individual. See Exh. 12, Declaration of Dr. Ronald Waldman at ¶ 7.
66. The CDC states that “[t]he best way to prevent illness is to avoid being exposed to this virus.”
67. COVID-19 appears to be spreading easily and sustainably in the community (“community spread”) in some affected geographic areas.
68. Currently, all 50 states are reporting COVID-19 cases. 69. The CDC advises that COVID-19 is thought to spread mainly from person-toperson, between people who are in close contact with one another (within about 6 feet). See Exh. 12, Declaration of Dr. Ronald Waldman at ¶ 7. 70. It spreads through respiratory droplets produced when an infected person coughs or sneezes. See Exh. 13, Declaration of Dr. Julia DeAun Graves at ¶ 6. 71. These droplets can land in the mouths or noses of people who are nearby or possibly be inhaled into the lungs. 72. Per the CDC, people are thought to be most contagious when they are most symptomatic (the sickest) and spread might be possible before people show symptoms. 73. The CDC states that it may be possible that a person can get COVID-19 by touching a surface or object that has the virus on it and then touching their own mouth, nose, or eyes. 74. It had initially been reported that people over the age of fifty, pregnant women, and those with certain medical conditions face a greater chance of serious illness or death from COVID-19.
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75. However, in a CDC report dated March 18, 2020, it was noted that while the oldest patients had the greatest likelihood of dying and of being hospitalized, 38 percent of the 508 hospitalized patients were notably younger—between 20 and 54. See Severe Outcomes Among Patients with Coronavirus Disease 2019 (COVID-19) — United States, February 12– March 16, 2020 (Mar. 18. 2020) https://www.cdc.gov/mmwr/volumes/69/wr/mm6912e2.htm?s_cid=mm6912e2_w.
76. Medical conditions that increase the risk of serious COVID-19 disease for people of any age include: lung disease, heart disease, chronic liver or kidney disease (including hepatitis and dialysis patients), diabetes, epilepsy, hypertension, compromised immune systems (such as from cancer, HIV, or autoimmune disease), blood disorders (including sickle cell disease), inherited metabolic disorders, stroke, and developmental delay. See Exh. 13, Declaration of Dr. Julia DeAun Graves at ¶ 3.
77. Nearly half of the 121 patients who were admitted to intensive care units were adults under 65. See Severe Outcomes Among Patients with Coronavirus Disease 2019 (COVID19) — United States, February 12–March 16, 2020 (Mar. 18. 2020) https://www.cdc.gov/mmwr/volumes/69/wr/mm6912e2.htm?s_cid=mm6912e2_w.
78. As noted above, there is no vaccine against COVID-19, and there is no known cure. The COVID-19 virus can cause severe damage to lung tissue, sometimes leading to a permanent loss of respiratory capacity, and can damage tissues in other vital organs including the heart and liver.
79. Patients with serious cases of COVID-19 require advanced medical support, including positive pressure ventilation and extracorporeal mechanical oxygenation in intensive care, while patients who do not die from serious cases of COVID-19 may face prolonged
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recovery periods, including extensive rehabilitation from neurologic damage and loss of respiratory capacity. See Exh. 15, Declaration of Dr. Jaimie Meyer at ¶ 22.
80. The only known effective measures to reduce the risk for vulnerable people of serious illness or death caused by COVID-19 are social distancing and improved hygiene, which have led to unprecedented public health measures around the world. According to preliminary data from China, 20 percent of people in high risk categories who contracted COVID-19 there died. See Exh. 12, Declaration of Dr. Ronald Waldman at ¶ 7.
81. People in congregate environments, which are places where people live, eat, and sleep in close proximity, face increased danger of contracting COVID-19, as already evidenced by the rapid spread of the virus in cruise ships and nursing homes. See Exh. 14, Letter to Congress Profs. Allen and Rich at 4.
82. People who are confined in prisons, jails, and detention centers will find it virtually impossible to engage in the necessary social distancing and hygiene required to mitigate the risk of transmission, even with the best-laid plans. Id.
83. For this reason, correctional public health experts have recommended the release from custody of people most vulnerable to COVID-19. Id. at p. 5 (“Finally, regarding the need to implement immediate social distancing to reduce the likelihood of exposure to detainees, facility personnel, and the general public, it is essential to consider releasing all detainees who do not pose an immediate risk to public safety.”)
84. As of the date of this Petition, a member of the medical staff at Elizabeth Detention Center in New Jersey had tested positive for coronavirus, the first case confirmed by Immigration and Customs Enforcement of an employee contracting the virus. On information and belief, there are a number of presumptive positive cases of detainees in civil ICE detention.
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II. Grave Risks of Contracting COVID-19 in Family Detention Centers 85. Immigration detention facilities are “congregate environments,” or places where
people live and sleep in close proximity. Infectious diseases that are communicated by air or touch are more likely to spread in these environments. This presents an increased danger for the spread of COVID-19 if and when it is introduced into a facility. See id. at pp. 3-4.
86. Family detention centers are unique centers in the immigration system. It is limited to three locations in the United States: Leesport, Pennsylvania, Karnes City, Texas and Dilley, Texas. These are rural and medically underserved areas of the country. However, they possess the entire family residential structure in the Immigration System. In family residential centers, dozens to hundreds of families congregate every moment of every day, and live, eat and play in small structured environments which make the necessary precautions against the spread of COVID-19 impossible.
87. Other group-like environments, like cruise ships or nursing homes, have become the sites for the most severe outbreaks of COVID-19. The highest known person-to-person transmission rate for COVID-19 took place in a skilled nursing home facility in Kirkland, Washington, and on afflicted cruise ships in Japan and off the coast of California. Family detention is certain akin to a cruise ship – as the detained families are not permitted to leave the facility or grounds. Family detention is also like a nursing home – in fact, the Berks facility is housed in a single building formerly used as a nursing home.
88. The conditions of the family residential centers pose a heightened public health risk for the spread of COVID-19 that is even greater than in non-carceral institutions.
89. Immigration detention facilities have even greater risk of infectious spread because of crowding, the proportion of vulnerable people detained, and often scant medical resources. In fact, it is impossible to ignore that seven children in the Respondent’s care have
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perished in immigration detention: they are Sixteen-year-old J.L.G., 7-year-old J.C.M., 8-yearold F.G.A., 2-year-old W.J.R.V., and 16-year-old C.H.V. Another 20-month-old girl, Mariee Juárez, died shortly after being held at the South Texas Family Residential Center at Dilley, TX.20
90. In family residential centers, detained mothers, fathers and children are forced to live and sleep in close quarters and required to congregate and as a result, cannot achieve the “social distancing” needed to effectively prevent the spread of COVID-19. Even in their beds they cannot even sleep or receive the required distance necessary to protect themselves.
91. Families at FRCs are unable to maintain the recommended distance of 6 feet from others and often share or touch objects used by others.
92. In FRCs toilets, sinks, and showers are shared, without disinfection between each use and are used constantly by large numbers of people.
93. Food preparation and service is communal with little opportunity for surface disinfection. Families are required to eat together and only at certain times of the day. The areas where they eat create dangerous situations for the spread of COVID-19.
94. Detention facility staff, ICE staff, medical staff arrive and leave on a shift basis, and there is limited ability to adequately screen staff for new, asymptomatic infection. The ebb and flow of people from family residential centers are constant and wide ranging. Families are transported into the facility from all over the country, ICE staff have contacts with those not only within the facility but multiple detention centers, medical staff contact an innumerous number of
20 As of March 21, 2019 at 3:50p.m. EST. See Opinion: Seven Children Have Died In Immigration Custody. Remember Their Names. Buzzfeed News. (September 30, 2019) https://www.buzzfeednews.com/article/jessmoralesrocketto/remember-their-names
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detained families, and employees come and go from their home and their communities. The risk is great.
95. Family residential centers lack adequate medical infrastructure to address the spread of infectious disease and treatment of people most vulnerable to illness in detention. They are ill prepared to deal with the tragic situation which is likely to unfold. Even DHS medical professionals describe the immigration detention system as a “tinderbox.” Exh. 14 Letter to Congress Profs. Allen and Rich at ¶¶ 4 & 6.
96. All three FRCs rely on the detained civil population as their cleaning staff for the detainee residential areas pursuant to a “voluntary” work program paying $1 per day and there has been no change to this policy in light of the recent pandemic. This is a huge and genuine risk to the families and children detained, whom are not provided the security of a sanitary living environment to protect form the spread of infection of this highly contagious disease.
97. At some if not all of the FRCs, detained families report that they lack adequate cleaning supplies.
98. During the H1N1 influenza epidemic in 2009, jails and prisons were sites of severe outbreaks. It is impossible to ignore that the majority of the detainees at issue here are children. Children notoriously carry and spread diseases more frequently, given their vulnerability and the nature of children generally. Illnesses spread through family detention centers like wildfires. It is a lack of common sense to believe the COVID-19 pandemic will be any different.
99. Rather it is almost certain to expect COVID-19 to infect and spread rapidly in family residential centers, especially when people cannot engage in proper hygiene or isolate themselves from infected or asymptomatic residents or staff.
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100. Indeed, the FRCs are not educating detainees about COVID-19 at all and have failed to implement protocols recommended by the CDC to prevent transmission of COVID-19. Families are relegated to learning about COVID-19 from the news, they are not provided extra necessities to protect themselves, and they are simply awaiting the worst. Family’s have expressed terror that they will become sick, will potentially die and will not be able to protect themselves. It is an unacceptable environment and an unnecessary risk. See e.g. Exhs. 2 (Declaration of Bridget Cambria), 4 (Declaration of Shalyn Fluharty), 7 (Declaration of Andrea Meza). A. Berks County Residential Center
101. The detainees at Berks County Residential Center (“Berks Center”) have not been briefed on COVID-19 by the staff, by ICE or any other operator of Berks Center, either about the fact that there is global pandemic or what precautions they should be taking to prevent the spread of the virus. See Exh. 2, Declaration of Bridget Cambria at ¶ 27; Exh. 3, Declaration of M.B.G. at ¶¶ 8 & 10.
102. Petitioners are aware of COVID-19 only from the news on the television. See Exh. 3, Declaration of M.B.G. at ¶ 8.
103. There is a note posted on the outside of the facility that misidentifies the COVID19 pandemic as the “flu” to the general public and those who enter the building.
104. There is only one sign in Berks Center that instructs detainees in Spanish to wash their hands. The other signs have been seen by legal service providers concerning COVID-19 but are in English.
105. Detainees report that there are new detainees entering the facility and that employees come and go daily, but they have not witnessed any precautions being taken to screen for COVID-19, except that incoming detainees have their temperature taken.
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106. New families who have arrived in the past week are coming into the facility being transferred in and many of them have children who are ill with congestion, cough, sore throat and fever. They also demonstrate lethargy, lack of appetite and inability to sleep.
107. Detainees report that numerous parents and children in the facility are sick with cold-like symptoms, such as coughs, congestion and fever.
108. Detainees have observed that numerous staff members are exhibiting similar coldlike symptoms.
109. Despite this fact, when detainees request medicine for their children they are not provided medicine.
110. One mother asked her attorney to ask the staff to provide medicine to her child who had been sick for 4 days without treatment. When the attorney’s legal assistant requested cough medicine from a staff member, the staff member replied, “what is cough syrup.” When the legal assistant asked the staff member to make a resident request to the facility for cough medicine, the staff member replied that there is no resident request form. To the contrary, the Berks Center handbook contains a section on resident requests, as well as a grievance process for denials of requests. See Exh. 2, Declaration of Bridget Cambria at ¶ 32.
111. While the staff is wearing gloves, detainees are not provided gloves unless they participate in a voluntary work program to clean the facility or are cleaning their rooms. Id. at ¶ 29.
112. Indeed, the Petitioners at Berks Center observe that it is only cleaned by detainees and shelter care counselors.
113. Neither Petitioners nor the staff have been provided with masks and requests for this protection has been refused. Id. at ¶ 29.
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114. Petitioners also report concerns with the cleanliness of Berks Center. For example, while the detainees at Berks Center are witnessing the staff wiping down sofas, they describe the staff as spraying bleach water into the air or over tables. Detainees also report that the children’s toys are simply sprayed on the top with bleach. When the children play with the toys, they are putting the toys in their mouths.
115. Detainees also report that there are broken soap dispensers in their rooms that have not been fixed despite their requests. Id. at ¶ 28.
116. Hand sanitizer is only freely provided in the lobby and legal visitation room at Berks Center -two areas that detainees are not permitted to access. Id.
117. Detainees are housed in shared rooms and cannot remain 6 feet apart for social distancing within the constraints of detention. Sleeping quarters are very cramped. Id. at ¶¶ 1518.
118. Detainees report that they are forced to remain in close contact with each other when eating together in the shared cafeteria and when in their shared bedrooms. Id.
119. The entire detained population at Berks as well as the staff (approximately 60 people or more) eat at the same time in the cafeteria during mealtime. Id. at ¶ 18.
120. The facility continues to receive new families. The operation of the facility remains unchanged. Id. at ¶ 31. B. South Texas Family Residential Center
121. The South Texas Family Residential Center (“Dilley”) is an ICE detention facility with capacity to detain up to 2,400 mothers and their minor children at any given time. Approximately 1,000 mothers and children are currently detained in Dilley. See Exh. 4, Declaration of Shalyn Fluharty, ¶ 2.
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122. Detainees in Dilley have not been provided with COVID-19 education by facility staff, ICE or any other operator at Dilley. Detainees have questions regarding the pandemic, what precautions they can take to keep themselves safe, and what protocols the facility is implementing to prevent the spread of the disease. See Exh. 4, Declaration of Shalyn Fluharty; Exh. 16, Declaration of O.M.G.; Exh. 17, Declaration of C.L.
123. Detainees have not been advised they should sneeze or cough into a tissue, or provided with any other hygiene education. Exh. 4, ¶ 22.
124. Detainees are housed in shared trailers, and at any given time are required to share bedrooms, bathrooms, and other communal spaces with unrelated detainees.
125. In order to participate in court proceedings, education, asylum interviews, medical appointments, and attorney meetings, detainees must sit next to other detainees while waiting to be seen. Exh. 4, ¶ 16. Common areas - such as cafeterias, auditoriums for mandatory meetings, and waiting areas to obtain prescribed medication - regularly hold over one hundred people with no possibility of social distancing. Id.
126. Despite Texas Governor Abbott ordering all schools to close until April 3, 2020 to limit the spread of coronavirus, children detained in Dilley continue attending school.21
127. Dilley staff do not appear to be making any changes to regular, insufficient, cleaning procedures. See Exhibit 5, Declaration of Allison Herre, ¶ 11. Detainees report that bathrooms are dirty. Although dormitories are cleaned once a week by janitorial staff, detainees are expected to clean their dormitory throughout the week. Detainees however are not provided with cleaning supplies other than paper towels and a broom, and are deprived of protective gear such as gloves and masks. When detainees request access to additional cleaning supplies, they
21 As of March 21, 2020 at 3:13 p.m. See Dilley Independent School District, http://www.dilleyisd.net/
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are told cleaning supplies are in short supply and being rationed. Exh. 4, ¶ 19, 20. Furthermore, while toys are purportedly sanitized three times per day, many detainees reported that this is inconsistent, and is denied when specifically requested.
128. Hand sanitizer is not provided to detainees. Many detainees report that soap dispensers are broken or are simply out of soap. Despite multiple attempts to report these errors, access to soap remains insufficient. Exh. 4, ¶ 18. Exh. 16, ¶ .
129. Facemasks, gloves, and other protective gear are generally not provided to families detained in Dilley. Exh. 4, ¶ 21. Detainees report observing staff coughing without using masks, and that at least one CoreCivic or ICE employee states they returned to work after being diagnosed with COVID-19. See Exh. 4, ¶ 21; Exh. 6, ¶ 6; Exh. 16.
130. Medical care is inadequate, with many detainees suffering from asthma, children reporting fevers, pregnant women receiving insufficient prenatal care, and detainees being denied evaluation for undiagnosed medical symptoms and treatment for known pre-existing conditions. Exh. 4, ¶ 24-33. Families report having to wait up until 8 hours to access medical care, and regularly waiting in lines for two to three hours to see a doctor. Id.
131. At least one child has died subsequent to release from Dilley after developing an infection that went untreated while in detention. Exh. 4, ¶ 23. Individuals with known preexisting conditions are not provided any additional measures to protect them COVID-19 infection, such as being isolated or distanced from others detained in the facility. Exh. 4, ¶ 25. Currently there are individuals detained in Dilley with diabetes, thyroiditis, hyper-throidism, tooth infections, vitiligo, epilepsy, gastric liver damage, tachycardia, eye infection, chronic gastritis, and seizure disorder, heart palpitations, heart murmurs, deteriorating vision, undiagnosed lumps with accompanying pain and swelling, kidney inflammation and
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complications, continued vomiting, severe migraines, numbness in limbs, tumors and ovarian cysts. In addition, there is a child who recently survived a severe skull fracture, a child who is a cancer survivor, and a mother who recently required surgery while detained. Id. 33.
132. Large volumes of detainees in Dilley report having a cough or high fever and observing other detainees and facility staff with a cough or high fever. Detainees report they have not been tested for COVID-19, and are unaware of other detainees being tested. Exh. 4, ¶ 22, 24.
133. Medical specialists are generally not available on-site in Dilley. Detainees who require specialty or urgent care must be transported to a hospital in San Antonio, Texas – which is approximately one and half hours away from the facility in Dilley. Exh. 4, ¶ 34.
134. Screening for lawyers and legal visitors has not changed—lawyers entering Dilley have not been asked about travel, have not had their temperatures checked, and have not been advised to wash their hands or provided hand sanitizer. Exh. 6, Declaration of Stephanie Alvarez Jones. Although a notice regarding COVID-19 has been posted; it recommends that people with cough or fever not enter Dilley. Id.
135. Testing of detainees for COVID-19 has not been made available, with no plans to do so. ICE leadership states that medical screening procedures for families detained in Dilley have not changed in response to the COVID-19 outbreak. Exh. 5, Declaration of Allison Herre, ¶ 5-6. C. Karnes County Residential Center
136. The detainees at Karnes County Residential Center (“Karnes”) have not been briefed on COVID-19 by the staff, by ICE or any other operator of Karnes, either about the fact that there is global pandemic or what precautions they should be taking to prevent the spread of
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the virus. Exh. 7, Declaration of Andrea Meza at ¶22; Exh. 10, Declaration of Richard Paquiot at ¶ 2.
137. Officials running Karnes do not have access to COVID-19 tests. Exh. 7, at ¶18. 138. Detainees have recently been asked to sign a “form about coronavirus” but the contents of the form were not explained to them. Exh. 9, Declaration of Laila Ayub at ¶20; Exh. 8, Declaration of Julia Valero at ¶15. 139. Detainees report that they do not have access to hand sanitizer, protective masks, or gloves. Exh. 11, Declaration of T.F. at ¶7; Exh. 8, at ¶7. Detainees have reported that there are no posters or notices on the walls in a language they can understand explaining how they can protect themselves from COVID-19. Exh. 11, at ¶9. 140. Many detainees report that they do not have access to soap to clean their rooms. Exh. 8, at ¶8. The only handwashing stations available to detainees are in their cells or common restrooms, and not in or near the cafeteria. Exh. 7, at ¶22.p. 141. Detainees are housed in shared rooms and cannot remain 6 feet apart for social distancing within the constraints of detention. Exh. 8, at ¶9. In the legal visitation area, for example, detainees’ chairs are very close to one another, definitely less than 6 feet apart. Exh. 9, at ¶¶13-18. 142. Detainees report that they are forced to remain in close contact with each other when eating together in the shared cafeteria, when in line for the cafeteria and the medical center, and when in their shared bedrooms. Id.; Exh. 11, at ¶7. One family estimated that approximately 120 people fit into the cafeteria during mealtime, and the cafeteria fills to capacity as people wait outside in line to be able to eat. Exh. 8, at ¶9.
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143. Children at Karnes continue attending school within the detention center, and continue being placed in daycare. Id.; Exh. 7, ¶¶22.q; 32.
144. In the legal visitation area, children’s toys do not appear to be cleaned or sanitized after used by a child. Exh. 9, at ¶¶13-18. Telephones that are used by detainees in legal visitation rooms are not wiped down between uses. Id. GEO guards that check detainees in for their legal visits do not wear gloves when they are handling detainee IDs, pens, or clipboards. Id.; Exh. 11, at ¶8.
145. Karnes staff does not follow basic CDC guidelines for preventing the spread of the coronavirus. Exh. 9, at ¶9. While legal visitors now have their temperature taken, and are asked to answer a questionnaire, no other apparent precautions are being taken. Id. Staff that process legal visitors and handle materials such as driver’s licenses or visitors’ badges do not wear gloves or wipe down surfaces regularly accessed by visitors. Exh. 9, at ¶9. The guards shake hands, do not abide by 6 feet of social distancing in line to clock in or clock out, and do not wear gloves or a protective mask. Exh. 8, at ¶10.
146. Detained fathers have been tasked with cleaning high traffic restrooms, tables, doors, and windows but only given gloves and no other protective gear to protect them. Exh. 9, at ¶10; Exh. 11, at ¶7.
147. Poor medical care is a routine complaint by nearly all families. Exh. 7, at ¶9. Multiple families have expressed concerns that their children are not eating and losing significant amounts of weight and that Karnes medical staff fails to take any action, stating simply that it is “normal” for young children to not eat or gain weight. Exh. 9, at ¶¶ 2-3; Exh. 11, at ¶3. Many families similarly report that Karnes’ medical staff fail to adequately treat children with vomiting and diarrhea. Id. at ¶22. Pregnant detainees have been told by medical staff that they are too busy
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to attend to the detainee’s needs. Exh. 10, Declaration of Richard Paquiot at ¶ 3. Karnes’ medical care is not adequate for basic medical needs such as headaches and the common cold. Exh. 8, at ¶6. D. All Detainees Should Be Released from ICE Detention.
148. Because risk mitigation is the only known strategy that can protect vulnerable groups from COVID-19, public health experts with experience in immigration detention and correctional settings have recommended the release of vulnerable detainees from custody.
149. LEGAL FRAMEWORK
I. Violation of Constitutional Rights and the Administrative Procedure Act 150. “Federal courts possess whatever powers are necessary to remedy constitutional
violations because they are charged with protecting these rights.” Stone v. City & Cnty. of San Francisco, 968 F.2d 850, 861 (9th Cir. 1992).
151. As a result, “[w]hen necessary to ensure compliance with a constitutional mandate, courts may enter orders placing limits on a prison’s population.” Brown v. Plata, 563 U.S. 493, 511 (2011).
152. When the government detains or incarcerates a person, it has an affirmative duty to guarantee conditions of reasonable health and safety: “when the State takes a person into its custody and holds him there against his will, the Constitution imposes upon it a corresponding duty to assume some responsibility for his safety and general well-being.” DeShaney v. Winnebago County Dept. of Soc. Servs., 489 U.S. 189, 199-200 (1989).
153. As a result, the government must provide those in its custody with “food, clothing, shelter, medical care, and reasonable safety.” Id. at 200.
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154. The Supreme Court has found that the Eighth Amendment protects against future harm to inmates, as “it would be odd to deny an injunction to inmates who plainly proved an unsafe, life-threatening condition in their prison on the ground that nothing yet had happened to them.” Helling v. McKinney, 509 U.S. 25, 33 (1993).
155. The Eighth Amendment requires that “inmates be furnished with the basic human needs, one of which is ‘reasonable safety.’” Helling, 509 U.S. at 33 (quoting DeShaney, 489 U.S. at 200).
156. The Supreme Court in Helling recognized that the risk of contracting a communicable disease may constitute such an “unsafe, life-threatening condition” that threatens “reasonably safety.” Id.
157. These Constitutional protections also apply in the context of immigration detention because immigrant detainees, even those with prior criminal convictions, are civil detainees held pursuant to civil immigration laws. Zadvydas v. Davis, 533 U.S. 678, 690 (2001).
158. Because detained immigrants are civil detainees, they are entitled to rights derived from the Fifth Amendment, and the due process protections derived from Fifth Amendment’s due process protections do not allow punishment at all. Bell v. Wolfish, 441 U.S. 520, 535 n.16 (1979) (“Due process requires that a pretrial detainee not be punished.”).
159. Because civil detention is governed by the Fifth Amendment rather than the Eighth Amendment, the “deliberate indifference” standard required to establish a constitutional violation in the latter context does not apply to civil detainees like Petitioners. Jones v. Blanas, 393 F.3d 918, 934 (9th Cir. 2004), cert. denied, 546 U.S. 820 (2005).
160. A condition of confinement for a civil immigration detainee violates the Constitution “if it imposes some harm to the detainee that significantly exceeds or is independent
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of the inherent discomforts of confinement and is not reasonably related to a legitimate governmental objective or is excessive in relation to the legitimate governmental objective.” Unknown Parties v. Johnson, No. CV-15-00250-TUC-DCB, 2016 WL 8188563, at *5 (D. Ariz. Nov. 18, 2016), aff’d sub nom. Doe v. Kelly, 878 F.3d 710 (9th Cir. 2017).
161. The Supreme Court declares “that the Due Process Clause protects individuals against two types of government action.” United States v. Salerno, 481 U.S. 739, 746 (1987). Thus, “the touchstone of due process is protection of the individual against arbitrary action of government…whether the fault lies in the denial of fundamental due process fairness [procedural due process],…or in the exercise of power without any reasonable justification in the service of a legitimate government objective [substantive due process]…” City of Sacramento v. Lewis, 523 U.S. 833 (1998) (citations and internal quotations omitted). “’Substantive due process’ prevents the government from engaging in conduct that ‘shocks the conscience,’… or interferes with rights ‘implicit in the concept of ordered liberty.’” Salerno, 481 U.S. at 746. (internal citations omitted).
162. When the government has promulgated “[r]egulations with the force and effect of law,” those regulations “supplement the bare bones” of federal statutes and in areas of the law, such that agencies must follow their own “existing valid regulations,” even where government officers have broad discretion, such as in the area of immigration. United States ex rel. Accardi Shaughnessy, 347 U.S. 260, 266, 268 (1954) (reversing in immigration case after review of warrant for deportation); see also Morton v. Ruiz, 415 U.S. 199, 235 (1974) (“[I]t is incumbent upon agencies to follow their own procedures . . . even where [they] are possibly more rigorous than otherwise would be required.”); Battle v. FAA, 393 F.3d 1330, 1336 (D.C. Cir. 2005)
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(“Accardi has come to stand for the proposition that agencies may not violate their own rules and regulations to the prejudice of others.”).
163. Breaches of Accardi’s rule constitute violations of both the Fifth Amendment’s Due Process Clause and the APA. See also, Rowe v. United States AG, 545 F. App’x 888, 890 (11th Cir. 013) (Recognizing the Accardi doctrine holds that to ensure due process an agency is required to follow its own regulations when exercising discretion and issuing a decision); Mayers v. United States INS, 175 F.3d 1289, 1300 (11th Cir. 1999) (Recognizing that a review of statutory questions implicates due process and that Accardi found using habeas to ensure that due process and that the “crucial question” is whether the Attorney General’s conducted deprived an individual the rights guaranteed under a statute or regulation.) (internal citations omitted).
164. In Damus v. Nielsen, 313 F. Supp. 3d 317 (D.D.C. 2018), he Court explained “that ‘agencies cannot relax or modify regulations that provide the only safeguard individuals have against unlimited agency discretion[]’” citing Lopez v. FAA, 318 F.3d 242, 247 (D.C. Cir. 2003) as amended (Feb. 11, 2003).
165. Courts have regularly exercised this authority to remedy to remedy constitutional violations caused by overcrowding. Duran v. Elrod, 713 F.2d 292, 297-98 (7th Cir. 1983), cert. denied, 465 U.S. 1108 (1984) (concluding that court did not exceed its authority in directing release of low-bond pretrial detainees as necessary to reach a population cap).
166. In the face of this great threat, social distancing and hygiene measures are Petitioners’ only defense against COVID-19.
167. On March 18, 2019, ICE issued a statement on enforcement during the COVID19 crisis:
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https://www.ice.gov/news/releases/updated-ice-statement-covid-19. 168. In the statement, ICE states that as a result of the COVID-19 epidemic, “ICE
Enforcement and Removal Operations (ERO) will focus enforcement on public safety risks and individuals subject to mandatory detention based on criminal grounds. For those individuals who do not fall into those categories, ERO will exercise discretion to delay enforcement actions until after the crisis or utilize alternatives to detention, as appropriate.” Id.
169. In R.I.L.R. v. Johnson, this Court held that immigration deterrence is and insufficient basis upon which to detain asylum-seeking families who were plaintiffs in that case. R.I.L.R. v. Johnson, 80 F. Supp. 3d 164 (D.D.C. 2015) (citing Kansas v. Crane, 534 U.S. 407,
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412, 122 S. Ct. 867 (2002) (warning that civil detention may not "become a 'mechanism for retribution or general deterrence' — functions properly those of criminal law, not civil commitment”) (quoting Kansas v. Hendricks, 521 U.S. 346, 372-74 (1997) (Kennedy, J., concurring) (“[W]hile incapacitation is a goal common to both the criminal and civil systems of confinement retribution and general deterrence are reserved for the criminal system alone.”).
170. The Court in R.I.L.R. based its decision, in part, on Zadvydas, which grounded its analysis of immigration detention in principles derived from the wider civil-commitment context. See 533 U.S. at 690 (citing Hendricks, 521 U.S. 346 at 356 and Foucha v. Louisiana, 504 U.S. 71, 80 (1992)).
171. Section 212(d)(5)(A) of the Immigration and Nationality Act permits the Attorney General, at his or her discretion, to “parole” any noncitizen into the United States “temporarily under such conditions as [she or] he may prescribe only on a case-by-case basis for urgent humanitarian reasons or significant public benefit.”
172. 8 C.F.R. § 235.3(b)(1)(iii) vests the Attorney General with the discretion to parole detained aliens with negative credible/reasonable fear findings in expedited removal as required “to meet a medical emergency or is necessary for a legitimate law enforcement objective.”
173. 8 C.F.R. § 235.3(b)(4)(ii) vests the Attorney General with the discretion to parole detainees who have not yet had a credible fear interview in expedited removal as required “to meet a medical emergency or is necessary for a legitimate law enforcement objective.”
174. 8 C.F.R. § 241.4 provides the Secretary of DHS with the discretion to release detainees with final removal orders on orders of supervision based on consideration of factors such as whether the detainee is presently non-violent, whether the detainee is not likely to pose harm to
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the community, and whether there are concerns regarding a detainee’s mental health. 8 CFR 241.4(e) & (f).”
175. 176. Responding to the current pandemic appropriately by releasing civil immigration detainees who are not a threat to public safety meets all three standards: a medical emergency, a legitimate law enforcement objective and is the very definition of a “significant public benefit.” 177. In addition, the regulations governing ICE’s release authority state that individual serious medical conditions are a reason to parole an individual, as “continued detention would not be appropriate” in such cases. 8 C.F.R. § 212.5(b)(1). A. The Flores Settlement Agreement 178. The United States government is responsible for the care of minors in its custody and, also, is contractually to provide minors in their care special consideration and contractually obligated to process and care for minors consistent with the Flores Settlement Agreement (“FSA”) 179. On January 28, 1997, a class-wide settlement agreement was reached in a case that is presently captioned Flores v. Sessions, CV-85-4544 (C.D. Cal.). That agreement unequivocally remains in force today. Individuals may seek redress under the settlement. See E.O.H.C. v. Sec'y United States Dep't of Homeland Sec., No. 19-2927, 2020 U.S. App. LEXIS 4628 at *1 (3d Cir. Feb. 13, 2020) (“This case raises the age-old question: ‘If not now, when?’ Mishnah, Pirkei Avot 1:14. For aliens who are challenging their removal from the United States, the answer is usually ‘later.’ But not always. And not here.”) 180. According to the stipulation of the parties in that settlement agreement, the terms of the FSA are in effect and remain in effect until the 45th day “following Respondents’ publication of final regulations implementing” the FSA itself.
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181. On August 23, 2019, the Departments of Homeland Security and Health and Human Services published final regulations in the Federal Register on the “Apprehension, Processing, Care, and Custody of Alien Minors and Unaccompanied Alien Children.” Those regulations have been enjoined by Judge Dolly M. Gee, and as a result, the FSA remains in effect.
182. Each federal government Respondent is subject to compliance under the FSA. 183. The FSA applies to “[a]ll minors who are detained in the legal custody of the INS” regardless of whether the child is apprehended unaccompanied or accompanying her parent or family. See Flores v. Lynch, 828 F.3d 898, 905-6 (9th Cir. 2016). 184. A “minor” is “any person under the age of eighteen (18) years who is detained in the legal custody of the INS.” 185. The FSA “sets out nationwide policy for the detention, release, and treatment of minors in the custody of the INS[.]” 186. The immigration authorities must treat “all minors in [their] custody with dignity, respect and special concern for their particular vulnerability as minors.” 187. Under the FSA the Respondents have an affirmative obligation to provide for the well-being of immigrant children in the custody of the government. Failing to secure the best interests of minor Petitioners who are detained (as well as all similarly-situated minors in immigration detention) or ensuring their release so that guardians can protect them during a pandemic places their health and their lives at risk. Such action serves no legitimate government interest and is contrary to numerous provisions of the FSA, including but not limited to paragraphs 11, 12A, 14, 24A and 24B and the standards set out in Exhibit 18, FSA.
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188. The Flores Settlement Agreement has several provisions which are applicable in the instant matter and which have not been applied to the Petitioners, nor to the remaining asylum-seeking families detained in FRCs, nor the general public.
189. Even in times of a pandemic, the government is obligated to follow the settlement, as the settlement contemplates what is required to protect children in custody, even in extreme instances, as well as has provisions as to the care of minors to protect others.
190. The FSA requires that ICE understand and at appropriately, given the fact that children in immigration detention are vulnerable. So are families. The FSA requires all decisions on minor’s custody must be made taking into account the particular vulnerability of children as well as to protect the minor’s well being and that of others. See id. at ¶ 11.
191. The FSA requires safe and sanitary conditions for children and that they be processed expeditiously. The FSA requires a detention determination without unnecessary delay and that the determination be made to not only ensure appearance in court, but to ensure the safety of minors or others. See id. at ¶¶ 12 & 14.
192. Further, if the DHS desires to continue to detain the child due to a concern for safety, they are obligated to immediately provide a bond hearing before an immigration judge, in every case. Paragraph 24A. See id. at ¶ 24. Further, in the case of detained children, in consideration of bond, simultaneous release of the detained parent pursuant to 8 C.F.R. 1236.3(2) must be considered.
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CLAIMS FOR RELIEF Count I
(Violation of Fifth Amendment Right to Due Process--Unlawful Punishment; Freedom from Cruel Treatment and Conditions of Confinement)
193. Petitioners reallege and incorporate by reference each and every allegation contained in the preceding paragraphs as if set forth fully herein.
194. The Fifth Amendment to the U.S. Constitution guarantees that civil detainees, including all immigrant detainees, may not be subjected to punishment. The federal government violates this substantive due process right when it subjects civil detainees to treatment and conditions of confinement that amount to punishment or does not ensure those detainees’ safety and health.
195. Respondents’ conditions of confinement subject Petitioners to heightened risk of contracting COVID-19, for which there is no vaccine, known treatment, or cure.
196. Respondents are subjecting Petitioners to a substantial risk of serious harm, in violation of Petitioners’ rights under the Due Process Clause.
197. As public health experts in correctional medical care and infectious disease agree, families in immigration detention are at grave risk of COVID-19 infection.
198. Accordingly, Respondents are subjecting Petitioners to detention conditions that amount to punishment and that fail to ensure their safety and health.
199. For these reasons, Respondents’ ongoing detention of Petitioners violates the Due Process Clause.
Count II (Violation of the Administrative Procedure Act as to All Respondents) 1. All the foregoing allegations are repeated and re-alleged as though fully set forth herein.
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2. Respondents failure to act in a timely manner to protect Petitioners interferes with the rights of Petitioners in an arbitrary and capricious manner and is without justification.
3. The continued refusal to establish and implement policies and procedures designed to prevent the transmission of COVID-19 is contrary to Petitioners’ constitutional rights as it violates their substantive and procedural due process rights, as outlined above.
4. By failing to establish and implement policies and procedures to protect to prevent Petitioners from the transmission of COVID-19 in the FRCs, Respondents have enacted a final decision.
5. This decision is constituting final agency action and is reviewable by this Court. 6. When a government agency detains individuals for civil immigration purposes during a pandemic crisis and fails to adhere to the most basis and minimally adequate “arbitrary, capricious, an abuse of discretion, [and] not in accordance with law.” 5 U.S.C. § 706(2)(A). 7. Here, by detaining Petitioners without a minimally adequate plan or procedures is arbitrary and capricious and an abuse of discretion. The failures to comply with Respondents’ own policies and procedures is not in accordance with law – in violations of the Administrative Procedure Act.
Count III (Violation of Flores Settlement Agreement—Minor Petitioners Only) 8. Petitioners reallege and incorporate by reference each and every allegation contained in the preceding paragraphs as if set forth fully herein. 9. The Flores Settlement Agreement requires the Respondents to safeguard and protect immigrant children in their custody, including: treating them with care appropriate to their inherent vulnerability as minors; holding minors in facilities that are safe and sanitary consistent with that concern and as laid out in Exhibit 1 to the FSA; releasing minors from
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custody “without unnecessary delay” in order to ensure the minors’ safety or that of others; affording them and their parents an immediate bond hearing before an immigration judge “in every case” in which they fail to meet any of these requirements. See Exh. 18, FSA at p. 25.
10. Further, the Flores Settlement Agreement requires the government to render custody determinations without unnecessary delay and to consider not only the vulnerability of minors but also the concern or safety of others.
11. Pursuant to Paragraph 24B of the FSA, the minor Petitioners assert that their placement does not comply with the Flores standards. Pursuant to Paragraph 36 of the FSA, the 24B claim does not limit the minor Petitioners rights to pursue any other relief to which they may be entitled.
12. Respondents are not in compliance with any of these requirements, have not met their obligations, and have endangered the lives of the children in detention, the families, the surrounding populations and the general public.
13. The conditions in immigration detention for the minor Petitioners , and the continued failure to provide them with appropriate necessary and critical medical care to prevent COVID-19 transmission lacks any justification and violates the rights of minors under the Flores Settlement Agreement.
Count IV (Writ of Mandamus) All the foregoing allegations are repeated and re-alleged as though fully set forth herein. 14. As set forth above, Respondents are in violation of the Flores Settlement Agreement, federal statutes and regulations and the U.S. Constitution. 15. These legal obligations for care of individuals held in civil immigration detention create affirmative duties to act, which Respondents have failed to respect.
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16. Petitioners accordingly seek a writ of mandamus to require the Respondents to act immediately in accordance with their legal obligations to protect Petitioners and to follow their own parole guidelines and directives.
17. Petitioners are contemporaneously filing a motion for a temporary restraining order.
Count V (Declaratory Judgment Act) 18. All the foregoing allegations are repeated and re-alleged as though fully set forth herein. 19. The Declaratory Judgment Act, 28 U.S.C. §§ 2201-2202, provides that “[i]n a case of actual controversy within its jurisdiction . . . any court of the United States . . . may declare the rights and other legal relations of any interested party seeking such declaration, whether or not further relief is or could be sought.” 28 U.S.C. § 2201(a). 20. There is an actual controversy between the parties because Respondents are failing to implement adequate protocols to prevent the transmission of COVID-19 in the FRCs. 21. The Court should exercise its authority under the Declaratory Judgment Act to declare that Respondents have no basis to refuse to implement adequate protocols to prevent the transmission of COVID-19 and should order Respondents to immediately release Petitioners and all detainees to protect them from the dangers of COVID-19 transmission.
PRAYER FOR RELIEF WHEREFORE, Petitioners respectfully requests this Court to:
1. Assume jurisdiction over this matter; 2. Declare that the Respondents’ conduct constitutes a danger to public health and safety;
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3. Order the immediate release of Petitioners and all detainees in the FRCs pending the completion of these proceedings, pursuant to the Court’s inherent powers;
4. Immediately release Petitioners and all detainees in the FRCs pending the completion of these proceedings pursuant to the Court’s inherent powers;
5. Immediately order Respondents to immediately implement all protocols designed to prevent the transmission of COVID-19 as indicated in the attached expert declarations or protocols of the CDC;
6. Prohibit the placement of new families or other detainees in the FRCs until all protocols designed to prevent the transmission of COVID-19 have been implemented;
7. Declare that Respondents’ detention of Petitioners unconstitutional in violation of the Fifth Amendment;
8. Declare that Respondents have violated the Flores Settlement Agreement; 9. Declare that Respondents have violated the Administrative Procedures Act; 10. Award Petitioners their costs and reasonable attorneys’ fees pursuant to the Equal
Access to Justice Act; and
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11. Grant such further relief as the Court deems just and proper.

Dated: March 21, 2020

Respectfully submitted,

By: /s/ Gregory P. Copeland Gregory P. Copeland (D.D.C. Bar # NY0311)

Jacquelyn M. Kline ** Amy Maldonado, Of Counsel ** ALDEA - THE PEOPLE’S JUSTICE CENTER 532 Walnut Street Reading, PA 19601 Phone: (484) 877-8002 Fax: (484) 926-2032 Email: jackie@aldeapjc.org Email: amy@aldeapjc.org

Gregory P. Copeland (D.D.C. Bar # NY0311) Sarah T. Gillman (D.D.C. Bar # NY0316) RAPID DEFENSE NETWORK 11 Broadway, Suite 615 New York, NY 10004-1490 Phone (212) 843-0910 Fax: (212) 257-7033 Email: gregory@defensenetwork.org Email: sarah@defensenetwork.org

Manoj Govindaiah (D.D.C. Bar # TX0145) Curtis F.J. Doebbler (D.D.C. Bar # 481243) REFUGEE AND IMMIGRANT CENTER FOR EDUCATION AND LEGAL SERVICES (RAICES) 802 Kentucky Avenue San Antonio, TX 78212 Phone: 210-226-7722 Fax: 210-282-4156 Email: manoj.govindaiah@raicestexas.org Email: curtis.doebbler@raicestexas.org

Attorneys for Petitioners **Application for admission pro hac vice forthcoming

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VERIFICATION

I am submitting this verification on behalf of the Petitioners because I am one of the

Petitioner’s attorneys. I have discussed with the claims with Petitioners’ legal team and the events

described in this Emergency Petition. On the basis of those discussions, on information and belief,

I hereby verify that the factual statements made in the attached Emergency Verified Petition for a

Writ Of Mandamus are true and correct to the best of my knowledge.

Dated: March 21, 2020

By: /s/ Gregory P. Copeland Gregory P. Copeland (D.D.C. Bar # NY0311)

Attorney for Petitioners

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 Case 1:20-cv-00786 Document 1-1 Filed 03/21/20 Page 1 of 3

O.M.G. et al.,
v. WOLF et al.,

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

Petitioners, Respondents.

DECLARATION OF GREGORY P. COPELAND
Case No. 1:20-cv-00786

I, Gregory P. Copeland, being duly sworn, do hereby declare and state as follows: 1. I make this declaration under penalty of perjury pursuant to 28 U.S.C. §1746 in support
Petitioners’ Emergency Verified Petition for a Writ of Mandamus (“Petition”). I am a Legal Director with Rapid Defense Network (RDN). RDN together with ALDEA-The People’s Justice Center and the Refugee and Immigrant Center for Immigrant Center for Education and Legal Services (RAICES) are counsel for Petitioners. 2. Petitioners are seeking emergent relief from this Court because they are non-citizen parents and their children detained in purported civil immigration family detention and are in conscious shocking risk of exposure to contracting the deadly COVID-19 virus in the midst of a global pandemic by failing to take the mostly minimally precautions to prepare for the all too foreseeable catastrophe in crowded family detention. 3. The following Exhibits are submitted in support of the Petition. 4. Attached hereto as Exhibit 2 is a true and correct copy of the Declaration of Bridget Cambria. 5. Attached hereto as Exhibit 3 is a true and correct copy of the Declaration of M.B.G. 6. Attached hereto as Exhibit 4 is a true and correct copy of the Declaration of Shalyn Fluharty. 7. Attached hereto as Exhibit 5 is a true and correct copy of the Declaration of Allison Herre.

Case 1:20-cv-00786 Document 1-1 Filed 03/21/20 Page 2 of 3
8. Attached hereto as Exhibit 6 is a true and correct copy of the Declaration of Stephanie AlvarezJones.
9. Attached hereto as Exhibit 7 is a true and correct copy of the Declaration of Andrea Meza. 10. Attached hereto as Exhibit 8 is a true and correct copy of the Declaration of Julia Valero. 11. Attached hereto as Exhibit 9 is a true and correct copy of the Declaration of Laila Ayub. 12. Attached hereto as Exhibit 10 is a true and correct copy of the Declaration of R.P. 13. Attached hereto as Exhibit 11 is a true and correct copy of the Declaration of T.F. 14. Attached hereto as Exhibit 12 is a true and correct copy of the Declaration of Dr. Ronald
Waldman. 15. Attached hereto as Exhibit 13 is a true and correct copy of the Declaration of Dr. Julia DeAun
Graves. 16. Attached hereto as Exhibit 14 is a true and correct copy of the Letter to Congress Profs. Allen
and Rich. 17. Attached hereto as Exhibit 15 is a true and correct copy of the Declaration of Dr. Jaimie Meyer. 18. Attached hereto as Exhibit 16 is a true and correct copy of the Declaration of O.M.G. 19. Attached hereto as Exhibit 17 is a true and correct copy of the Declaration of C.L. 20. Attached hereto as Exhibit 18 is a true and correct copy of the Flores Settlement Agreement
(“FSA”) 21. Attached hereto as Exhibit 19 is a true and correct copy of the Declaration of Dr. Rachel
Pearson.

Case 1:20-cv-00786 Document 1-1 Filed 03/21/20 Page 3 of 3

22. Attached hereto as Exhibit 20 is a true and correct copy of the Declaration of Amy Maldonado,

Esq.

I declare, under penalty of perjury, that the foregoing is true and correct.

Dated: March 21, 2020 Brooklyn, New York

/s/ Gregory P. Copeland Gregory P. Copeland (D.D.C. Bar # NY0311)

Case 1:20-cv-00786 Document 1-2 Filed 03/21/20 Page 1 of 18
DECLARATION OF BRIDGET CAMBRIA, ESQ.
I, Bridget Cambria, declare and say as follows: 1. My name is Bridget Cambria, Esq. and I am an attorney licensed to practice in the State of Pennsylvania since May of 2007. This declaration describes my experiences and observations working with clients detained in an ICE family residential center, including detention practices and conditions and, in particular, issues concerning the detention of parents and children in the Berks Family Residential Center during the COVID-19 pandemic, their concerns about contracting a life-threatening illness in detention and the conditions of detention which threaten the lives of the families in immigration family detention in Pennsylvania.
2. For more than 12 years, I have exclusively practiced immigration law, working with children, families and adults, both in the detained and non-detained settings. In my practice, I have represented immigrants, children and families before Immigration Courts nationwide, the Board of Immigration Appeals, Federal District Courts and the Third Circuit Court of Appeals. I am a graduate of the Roger Williams School of Law, where my studies focused on immigration and public interest law. Prior to law school, on or about 2002, I was employed by the County of Berks as a staff member at the Berks County Residential Center (hereinafter "BCRC,” previously and alternatively known as the "Berks County Youth Center", "Berks Family Shelter", or the "Berks Family Detention Center").
3. Currently, I am an attorney with, and the Executive Director of, Aldea – The People’s Justice Center (“Aldea”), a non-profit located in Reading, Pennsylvania in the County of Berks. Our organization, Aldea, offers universal representation to families detained at the Berks County Residential Center in Leesport, Pennsylvania. In the last five years, we have represented more than one thousand parents and children who have been detained in family detention in the BCRC.

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4. In the course of employment, I have regular occasion to observe, and therefore am familiar with, the policies and practices of United States Immigration and Customs Enforcement (“ICE”) toward the detention, release, and treatment of children and parents in family detention generally and the Berks County Residential Center. I have also had the opportunity to observe detention practices and detention conditions for families detained by ICE in Pennsylvania.
5. Aldea maintains a near daily presence on the ground at the BCRC providing pro bono legal services to detained families at no cost to ensure that all detained families and children have access to legal services in immigration matters, which often times is a matter of life and death. Families detained at the BCRC are seeking protection from persecution and torture and are actively pursuing asylum, withholding of removal and protection under the United Nations Convention Against Torture. Although the majority of families detained in Berks are from Mexico, Guatemala, Honduras and El Salvador, families in the BCRC come from all over the world. Other countries currently represented in the detained population at Berks include also families from Haiti and India.
6. Prior to arriving at Berks, the vast majority of families are first detained in a “hielera” (“icebox”) prior to arriving at Berks. Our clients frequently report they were crammed into a large, cold cell for multiple days without access to hot meals, showers, toiletries, medical care, and beds while in CBP custody. Following this time in unsanitary conditions in CBP the families are transported to airports and flown to the BCRC. Often we observe families and children arriving to the facility ill due to the poor conditions in CBP custody, and often children and families fall ill shortly after arriving at the detention center as a result of the same.
Detention Practices at the Berks County Residential Center 7. I have provided legal services to the BCRC for more than five years and am a Flores Consultant, meaning that I participate in discussions concerning the legal rights of detained

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minors pursuant to the Flores Settlement Agreement (FSA). It is undoubtable that the current pandemic prevents appropriate care of minors in ICE custody as required under the FSA which requires that custody determinations must be made while taking into account the particular vulnerability of children as well as to protect the minor’s well being and that of others. See Paragraph 11. The FSA requires safe and sanitary conditions for children and that they be processed expeditiously. The FSA requires a detention determination without unnecessary delay and that the determination be made to not only ensure appearance in court, but to ensure the safety of minors or others. See Paragraph 12 and 14. Further, if for some reason, such as danger, the DHS desires to continue to detain the child, they are obligated to immediately provide a bond hearing before an immigration judge, in every case. Paragraph 24A. Further, in the case of detained children, in consideration of bond, simultaneous release of the detained parent pursuant to 8 C.F.R. 1236.3(2) must be considered.
8. I have also had an opportunity to tour the BCRC facility in my capacity as a Flores monitor. Our staff continue to provide services during the COVID-19 outbreak as we are obligated by the EOIR to provide legal representation in Immigration Courts that remain open. Detained Immigration Courts have not shuttered during the pandemic, therefore our clients, detention centers, and our employees remain at risk.
9. The BCRC detains mothers, fathers and children. The BCRC detains children of all ages, as young as an 11-day-old newborn through children aged 17 years of age. The current population of Berks consists of children as young as 6 months old to children who are teenagers. The BCRC can detain up to 96 persons at one time. As of this writing, we can estimate that about 50 mothers, fathers and children are detained at the BCRC, a facility that consists of one building where the detainees are in close quarters. The placement determination of families in the BCRC, rather than placement in liberty, is made by ICE. The majority of families apprehended by the Department of Homeland Security (“DHS”) are

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not subject to confinement. By and large, families subject to removal from the United States are subject to alternatives to detention. Those in family detention are the exception and not the rule.
10. Family detention by the DHS occurs only in the BCRC in Leesport, Pennsylvania, the South Texas Family Residential Center in Dilley, Texas and the Karnes County Residential Center, in Karnes, Texas. A family cannot be detained in any other facility in the United States. For that reason, families are transported from every part of the United States into the family detention centers in Texas and Pennsylvania. We receive families from the Southern Border, from interior apprehensions by ICE throughout the United States and apprehensions at the Northern Border.
11. Not a single family in the Berks County Residential Center has a criminal record. Every family in the BCRC is an asylum seeker, with a pending proceeding with the Asylum Office or the Executive Office for Immigration Review. Every family is considered a “civil detainee.” Every detained family would be subject to the same civil immigration proceeding whether in detention or outside of detention.
12. Routinely, detained families are released from the BCRC by ICE and placed with their families, friends and sponsors who reside in the United States without necessary intervention by a Judge or the requirement of payment of a monetary bond given the particular vulnerability of children, to ensure proper care of children outside of a detention environment, and because asylum-seeking detainees can provide a fixed address wherein the family will reside while abiding by alternatives to detention, including electronic monitoring, phone monitoring, in person ICE supervision appointments and/or participation in an intensive supervision appearance program.

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13. Family detention is the secure detention of parents and children. The BCRC is a secure care facility. It is a secure facility in several ways, however, most simply, no parent or child is free to leave the facility.
14. The BCRC is a facility that consists of a single building. It is owned and operated by the County of Berks. The facility is staffed with more than 60 employees. Further, the facility has a medical clinic, which is staffed with medical personnel of an unknown number. The building is also occupied by ICE who operates a Field Office from within the same building as the family detention center. The ICE offices are fully staffed with ICE personnel of an unknown number. It includes the Enforcement and Removal Officers assigned to the BCRC itself, as well as ICE personnel who operate in the field throughout the surrounding region, administrative personnel for the family detention center as well as the ICE office itself. The ICE offices also possess holding areas for local ICE arrests, including those persons arrested by ICE in the Berks County area as well as those ICE detainees released from local jails pursuant to ICE detainers. An unknown number of detainees are processed at the BCRC over and above the families detained at the center. There is a constant ebb and flow of officers, personnel, families, children and detainees that come and go from the BCRC.
15. Families in the BCRC are held in very close spaces with lots of other detainees, employees of the facility and ICE personnel. The detainees sleep in rooms with six beds to a room. Each of the currently detained families are in overcrowded bedroom spaces. The detainees state that less than one half, of one meter of space divides the beds in their room. Detained families are advised of this in their Resident Handbook. See attached excerpts from the Resident Handbook. “At the Center, you will be living in close proximity with other families, so personal hygiene is essential. You are expected to bathe regularly and keep your hair clean.” [See Handbook page 13] Further, “due to the communal nature of the Center … children from different families may room together, and non-related adults room together.” [See Handbook Page 9] Detained families often are required to use the same items, spaces,

Case 1:20-cv-00786 Document 1-2 Filed 03/21/20 Page 6 of 18
and toys which are located throughout the detention center. “Residents are expected to share common equipment such as telephones, televisions, tables, recreational games and other equipment.” [See Handbook Page 9]. The more than 50 current detainees are limited to two floors of a single building, where they share limited common areas, shared sleeping quarters, shared bathrooms, and a very cramped dining area.
16. Throughout the day, detained parents and children are mandated to congregate together, including three census periods, three lunch periods and times when free movement is prohibited. At no point is a family permitted to leave the building into the recreation area, except where given permission and at no point may a family leave the facility of their own choosing without being under the threat of federal criminal arrest.
17. Census requires detainees to report to the bedroom floor courtesy desk as a family to check in from 6:30am TO 7:30am 3:00pm TO 4:00pm 7:30pm TO 8:00pm. Failure to comply results in discipline. [See Handbook page 15].
18. Meals are provided in a single dining room three times a day, for both detained families and employees of the Berks facility. The families currently report more than 60 people are in the dining room during meal periods. Detained families, including small children, are required to be present in the dining room from: 7:30am to 8:00am 12:00pm to 1:00pm 5:30pm to 6:30pm. [See Handbook Page 17.]
19. The BCRC has a medical unit which is operated by Immigration Health Services Corps. There is no pediatrician nor gynecologist. A doctor is not present in the facility at all times, but comes and goes from the facility. All medical decisions for parents and children are made by the medical unit, including diagnosis, treatment, over-the-counter medication, and whether a parent or child should receive a test or visit a hospital.

Case 1:20-cv-00786 Document 1-2 Filed 03/21/20 Page 7 of 18
20. Detained families are not allowed free movement throughout the BCRC or in recreation at various times, including after 8PM, and during all eating periods. Estimated times when detained families are permitted in outside recreation areas are 8:30AM to 11:30AM, 1:30PM to 4:30PM, and 6:30PM until the sun begins to set, however, they are not permitted outside without a guard escort or observation. At 8:00PM each day, all detained families are restricted to the second floor and no longer permitted even supervised free movement.
21. Children are to be in the company of their parents at all times.
22. In Family Residential Centers, parents are not responsible for determinations as to the care of their children. Parents cannot determine when their children wake up, what they eat or if they need to go to a hospital. Parental decisions are made for children, by the facility procedures, the guards within the facility and by ICE themselves. Children are told when they can and cannot play, when they can or cannot be outside, when they can eat and what they eat, and what happens when they misbehave – by the facility and not their parents. Medical decisions are not made by parents, either. Those decisions are made by ICE medical personnel or County facility staff.
23. Finally, at the BCRC, few employees speak Spanish. If a detainee has a problem, they must make a language service request, a guard must take them to a telephone to connect with an interpreter by phone, and an interpreter must be available. This arrangement does not permit adequate care of children, especially during emergencies. In a pandemic, the lack of in person interpreters in facilities that detain immigrants threatens the lives of the parents and children they detain. There is no way to communicate an emergency to a staff member quickly if neither the detainee nor the staff understands what is being said. This is unacceptable in an environment with children during the COVID-19 outbreak.

Case 1:20-cv-00786 Document 1-2 Filed 03/21/20 Page 8 of 18
Detention Conditions at the BCRC During the COVID-19 Pandemic
24. I have had the opportunity to interview the detainees about their concerns and worries with the outbreak of the COVID-19 pandemic. The families are scared.
25. It is impossible for detained parents and children at the BCRC to practice social distancing—remaining 6 feet from others— as has been recommended to combat the COVID-19 pandemic. Based upon my observations at Berks, it would be impossible for detained individuals to create the distance between themselves and other detainees necessary to protect themselves. Detainees are forced to sleep in close quarters with others, share crowded bathrooms, and are forced to congregate in small communal areas. There are no more than two floors of permitted movement space for every single detainee limited to a handful of small rooms.
26. Clients of Aldea are very concerned that they will be exposed to COVID-19 and that they lack access to appropriate testing or medical treatment services while in detention. This is exacerbated by the fact that they cannot make medical decisions for themselves or their children. Without exception, each family interviewed by Aldea has reported that their children are currently ill, or were recently ill. Without exception, the families advised knowing about the outbreak only through news reports and are upset that the facility has not advised them the reality of what is happening on the outside of detention.
27. Detainees report that children and parents were not educated about the COVID-19 outbreak. They were not advised of different processes or procedures employed by the facility to prevent spread. They report a sign was posted saying “Wash your hands” in Spanish, but that other posters were in the English language and they are unable to read them. One detained family reported they were told to “cough in their elbow” and that was all.

Case 1:20-cv-00786 Document 1-2 Filed 03/21/20 Page 9 of 18
28. Many families report having inadequate access to soap and hand sanitizer at the facility. Families report that hand sanitizer is available only for the staff and not for the detainees. I can report that there is hand sanitizer in the lobby of the facility, which is inaccessible to the detainees, as well as the legal visit room. I have instructed the detainees to use the hand sanitizer within the legal area. The families report it is not available elsewhere for them to use freely. The families report at times a lack of access to hand and body soap. In some instances, they reported no soap in bathrooms and broken dispensers which have not been fixed.
29. Detainees do not have gloves or masks. Upon observation, staff was not wearing masks. Residents reported that the staff did use gloves when treating the detained families. Detainees only have access to gloves when they clean. They are paid $1 dollar a day to participate in a voluntary work program which, in part, cleans the facility. Upon observation there is no outside cleaning service. Cleaning is conducted by the families and the shelter care counselors of the BCRC.
30. Families expressed great concern about the health of their children. They express that they see staff of the facility spray cleaning product throughout a room, but do not wipe anything. They state they see the staff spray cleaning product directly on top of the children’s toys, that both ill and well children play with toys, and parents fear that children often touch many things and put toys in their mouth, spreading germs.
31. The detained families reported that children, parents and staff within the facility have shown signs of illness. Residents have noticed that some staff have disappeared from work, and the families are concerned that the staff is exhibiting symptoms. The detained families are exceptionally worried about new families being introduced into the BCRC without adequate screening, since they report that families are arriving sick into the center.

Case 1:20-cv-00786 Document 1-2 Filed 03/21/20 Page 10 of 18
32. Families report that children who show symptoms like constant cough, fever, sore throat, lethargy, congestion, difficulty breathing or sleeping, lack of appetite often go untreated. When treated, they are only provided Tylenol and it takes much time to receive actual medicine. Often, families report they are told the problem is allergies and that is all. This is true even in the time of the COVID-19 pandemic. Two days prior to this writing, Aldea staff requested “cough syrup” for a two-year-old boy who has a persistent cough and upon appearance was visibly ill. We requested the medicine when asked to inquire by client, as is often the case when children are ill for a prolonged time without treatment. Upon request to we were asked “What is cough syrup?” Then upon speaking with a caseworker to continue to ask for cough medicine, we were advised that we could not ask him that it was medical’s decision, and when we asked to fill out a resident request form for cough medicine, were told that that such a request didn’t exist, despite such requests being available pursuant to the detainee handbook. [See Handbook Page 8]
33. Families often face an impossible wall to receiving medical care in detention, which rings the alarm to legal service providers as to what will happen when the pandemic hits the detained population. It will result in a threat to the lives of men, women, parents and children.
34. As of this writing, we are unaware of any parent, child or employee at the BCRC who has been tested for COVID-19, this is despite the fact that the families and children do have cold and flu-like illnesses.
35. The facility can, and has, isolated families at different times. During medical isolation in detention, a parent is isolated with their children. They are isolated together even when only one of the members of the family unit is ill. There is no physical capability to medically quarantine everyone.

Case 1:20-cv-00786 Document 1-2 Filed 03/21/20 Page 11 of 18
36. The facility does not have 24/7 doctors on site and cannot treat emergencies. A hospital is closely located to the detention facility, however, an outbreak of COVID-19 with parents and children at Berks will overwhelm the small local hospital that is currently dealing with the population of Berks County and the city of Reading, PA. Further, and undoubtedly, should one person at the BCRC contract the COVID-19 virus, every person in the BCRC may be affected given the communal nature of family detention.
I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct pursuant to 28 U,S,C,. ¶ 1746.
Executed this 20thof March, 2020 in Reading, Pennsylvania.
_______________________________ Bridget Cambria, Esq.

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Berks Fainily Residential Center
Resident Handbook
1040 Berks Road Leesport, PA 19533 610.396.0310

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• For students- follow classroom rules that are established by the teachers and the Center staff;
• Promptly report broken items or damaged property to staff; • Alert staff immediately of any problems or concerns; • Ask staff if you do not understand or remember Center rules; • Abide by the room visitation policy. See the section concerning bedrooms for
more information; • Do not borrow or trade clothing, hygiene products, jewelry or make-up; • Do not deface or otherwise damage Center property; • Comply with the dress code found in this handbook; • Do not use tobacco products, alcohol or gum; • Do not waste food; • Do not use profanity.
Failure to follow the above rules may result in the initiation of disciplinary proceedings. Serious and/or continuous infractions may lead to a review of your continued suitability for placement in this residential setting. See the section on disciplinary procedures for more information. Residents who act in an aggressive manner and/or attempt to cause harm to themselves or others, may be passively restrained under the Center restrictive procedure policy to protect themselves and others.

RESIDENT REQUESTS
Generally, residents can have questions answered and obtain services merely by speaking to staff. For those who would rather request information formally, the official method is by completing a Resident Request form. These forms are available at the Resident Information Center. Please complete all the information requested on the forms . You may obtain assistance from another resident or staff member in preparing your request form. Completed forms are to be placed in the mailbox labeled "Requests" located at the Resident Information Center. These forms are collected each business day and routed to a caseworker for resolution. This procedure is not to be used for submitting formal grievances. See the section on grievance procedures for more information.

CONTACTING IMMIGRATION
ICE staff are assigned to your immigration case and conduct announced and unannounced (not scheduled) visits to the Center. The purpose of these visits is to speak to residents about their immigration concerns and observe living conditions. You may visit with ICE during their announced visits and also submit written questions, requests or concerns to them by completing an ICE communication form. These forms are available at the Resident Information Center. Completed forms are to be placed in the mailbox labeled "ICE. These forms are collected each business day and routed to ICE without

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being read or altered. You may obtain assistance from another resident or staff member in preparing your request form. The ICE staff receiving your request form will respond to you. ICE officers are the only staff who can answer immigration related questions. See the posted ICE visit schedule at the Resident Information Center. The county staff, in blue shirts and tan pants/shorts you interact with at the Center cannot answer any immigration related questions.

CASEWORKERS
Each family admitted to the Center is assigned a specific caseworker, although questions may be directed to any of the caseworkers as needed. These caseworkers assist residents with questions regarding rights, rules, responsibilities, programing and services, housing and education, property issues, access phone numbers and addresses of family and friends, treatment referrals and other issues that arise while living at the Center. Residents may contact the caseworkers in their office on the activity floor during free movement and through the use of a Resident Request form. These forms are located at the Resident Information Center. Completed forms are to be placed in the mailbox labeled "Requests". Signup sheets for hair care services, legal aid assistance and phone calling cards among other items are located outside of the caseworkers' office.

LIVING ARRANGEMENTS
Residents are expected to share common equipment such as telephones, televisions, tables, recreational games and other equipment. Quiet hours are from 10:30am to 6:30am on weekdays (Sunday night through Thursday night) and at 12:00 midnight to 6:30am on weekends (Friday and Saturday night) and holidays. During quiet hours residents are expected to refrain from activities which would disturb the sleep of others.

BEDROOMS
Children 12 years and under will be assigned a bedroom with their parent. Children 13 years and over will be assigned a bedroom with other children of the same gender and like age. Each resident is provided with their own bed. Residents should make their beds and straighten up their immediate area each morning. When not in use, beds should remain made. Beds are not to be moved. Due to the communal nature of the Center, where children from different families may room together, and non-related adults room together, residents must abide by the following room visitation policies to ensure the privacy and safety of all residents: Anytime an unrelated child is present in a bedroom, adult residents must have staff supervision while in that bedroom. Children may enter their parent's bedroom only in the company of their parents. As there are many areas in the Center to relax with other residents for conversation, adults are not allowed to congregate in bedrooms. Residents are permitted to decorate their rooms with personal items, so long as the decorations do not present a health or safety hazard, do not peel paint off the walls or otherwise deface Center property. No items are allowed to cover

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the light fixture, doors or windows. Items are not to be hung from vents or beds. Due to the communal nature of the Center, residents are encouraged to only change their clothes in the shower rooms or in their bathroom. Approved property will be stored inside assigned bedroom closets. See the section on allowed personal property for more information. Closets shall be kept organized. No open food or drinks are allowed to be stored in bedrooms. Unopened commissary purchases may be stored in bedrooms provided they are kept in a closed bin to discourage pests. All hygiene items must be stored hygiene boxes and kept in assigned bedroom closets. Toys are allowed in bedrooms during free movement hours. After free movement, all toys must be taken back to the common areas so that they can be sanitized for the following day. See the section on free movement for more information.
CHILDREN'S BEDTIMES
Children's bedtimes were set to promote a routine for the Center children and to allow for their restful attendance in class. The general bedtime for children 4 years and younger is 8:30pm Sunday through Thursday. The general bedtime for children 5 years to 18 years is 9:00pm Sunday through Thursday. Lights are turned out 15 minutes after these bedtimes. There are no general bedtimes set for children on Friday and Saturdays. Parents are encouraged to continue (or develop) their children' s bedtime routines while at the Center.
OVERNIGHT CHECKS
State regulations require staff to conduct room checks at a minimum of every fifteen minutes during each overnight to ensure resident safety. During these checks staff is required to shine a flashlight into your room; the checks will be done with as little disruption as possible.
FREE MOVEMENT
Barring temporary restrictions due to medical or security reasons, free movement hours are from 8:00am to 8:00pm each day. During this time adult residents are allowed to move freely throughout all programing areas of the Center without first asking staff permission or notifying staff where they are going. Children age 10 and older may participate in free movement, when issued a pass by their parent. See the section on free movement passes for more information. Children over 10 who do not currently have a pass and all children under 10 years old are expected to be under the direct supervision of their parent at all times when not in school or participating in an organized activity. Outside of free movement hours, residents are expected to remain on the bedroom floor. This floor has resident bedrooms, dayroom, law library, telephone room, medical department, bathrooms and shower rooms; all of which may be accessed freely 24 hours a day.

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These linens will be exchanged for clean linens once a week, or more frequently as needed. Speak with staff should an occasion arise when you need clean linens outside the normal exchange day.

LAUNDRY
Laundry services are available 7 days a week. Each family is scheduled to wash their laundry on an assigned day. The laundry schedule is posted near the laundry room door on the bedroom floor. In the event clothing become soiled between scheduled laundry times, ask staff for additional clothing and/or to be given additional time to wash laundry. See staff at the bedroom floor courtesy desk for machine soap and machine use instructions. Report any machine issues to staff at the bedroom floor courtesy desk.

PERSONAL HYGIENE
At the Center, you will be living in close proximity with other families, so personal hygiene is essential. You are expected to bathe regularly and keep your hair clean. Upon arrival to the Center each resident was issued hygiene products. These items may be replaced as needed by submitting a Resident Request form. These forms are located at the Resident Information Center. Completed forms are to be placed in the mailbox labeled "Requests". You are also allowed to purchase hygiene items from the Center commissary. Feminine hygiene items are available in the female shower room on the bedroom floor. Residents have free access to showers during free movement hours, 7 days a week. Should you need to shower at other than free movement times, speak to staff. The shower rooms are labeled according to gender (male and female). Children 9 years and older will shower according to their gender. Should your child need assistance and is older than 9, see staff for accommodations. Children 8 years and younger will shower only under the direct supervision of their parent so as to not disturb other residents using the shower room. Adults may wear their own make-up. All make-up must fit in a hygiene box or it will need to be placed in storage. Razors are available at any time by speaking with staff at the bedroom floor courtesy desk. Residents will exchange their Center identification for a razor and return it to the courtesy desk staff immediately after use. Nail clippers and tweezers are available through the Center commissary.

ALLOWABLE PERSONAL PROPERTY
While at the Center, you are permitted to retain in your bedroom: • 10 sets of clothes per resident as described above; • Personal hygiene items; • Legal documents, legal papers and legal Information; • Photos; • Medical prostheses, (i.e. eyeglasses, dentures, etc.);
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The outdoor evacuation location is next to the resident soccer field. Please familiarize yourself with the diagram posted at the recreation door which shows the location of the outdoor evacuation location. There are exit diagrams posted around the Center which show the location of all emergency exits. Study these diagrams carefully and become familiar with their locations. Should an emergency occur and you are near a fire exit, do not wait for staff - go down the fire exit to the outdoor evacuation location and wait for staff to arrive. Per local, state and federal laws, the Center is required to perform evacuation drills. The Center performs several drills each month, at varied times of the day and night. These drills are not designed to inconvenience residents, but rather to comply with regulations and ensure resident and staff safety in the case of an actual emergency. Parents should advise and discuss these drills with their children.

RESIDENT CENSUS
At this Center, resident accountability is done through residents reporting for censuses 3 times during each 24 hour period. Census times are:
6:30am TO 7:30am 3:00pm TO 4:00pm 7:30pm TO 8:00pm Residents will report to the bedroom floor courtesy desk as family units during the times listed above. If residents are at an appointment near the close of the census time, the staff supervising the appointment will report the resident's location. Residents who do not check in properly during census will be counseled regarding the requirement.

THE CENTER LAYOUT
The Center is comprised of two floors and an outdoor campus. The first floor, where you first entered the Center is the activity (A) floor and the second floor is the bedroom (B) floor. The outdoor campus is outlined by a post and rail fence.
Activity Floor (A Floor):

• Center Administration • Visitation • Court • Library • Internet Cafe • Children Education • Chapel • Caseworkers' Office • Supervisors' Office • Adult Education • PhoneRoom

• Indoor Recreation Room • Resident Fitness Room • Toddler Room • Art and Activity Rooms • Movie Room • Additional Laundry (use with
supervisor approval) • Additional Showers (use with
supervisor approval) • DayRoom • Game Closet

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Bedroom Floor (B Floor):

• Bedrooms • Phone Room (open 24/7) • Law Library (open 24/7) • DayRoom • Game Closet • Table Games

• Dining Room • Medical Clinic • Showers • Laundry • Kitchenette

MEALS

All menus are designed to be nutritionally balanced and are approved by a certified

dietician. Residents are provided 3 meals each day in the dining room, located on the

bedroom floor:

Breakfast 6:30am -8:00am

Lunch 12:00pm -1 :00pm Dinner 5:30 pm - 6:30 pm

Seating in the dining room is not assigned. Residents may sit wherever they desire for

each meal. High chairs and booster seats are available in the dining room. Small

children are expected to be seated during meals to encourage sound eating habits.

Residents are required to be present in the dining room from:

7:30am to 8:00am

12:00pm to 1:00pm

5:30pm to 6:30pm

Utensils and trays used in the dining room are not disposable. At the end of each meal,

residents are required to clear their family's immediate area and return all utensils and trays to be cleaned. Residents are allowed unlimited trips to the self-service bars in the

dining room, and it is your responsibly to eat what you take, to reduce food waste. All

food or drink must be consumed during the meal - no food or drink may be taken from

the dining room.

KITCHENETTES
Fruit, snacks and drinks are available 24 hours a day at the activity and bedroom floor kitchenettes. Residents are not allowed to take more food or drinks from the kitchenettes than they will consume at one sitting. This food is replenished several times a day so there is no need to hoard kitchenette food.

SPECIAL DIETS
Therapeutic/medical diets shall be prepared and provided according to the orders of the Center medical department physician. Religious diets shall be prepared and provided for residents whose religious beliefs require the adherence to religious dietary laws. Residents are required to meet with the Center Chaplain for religious diet approval. See the section on the Chaplain for more information.

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Case 1:20-cv-00786 Document 1-3 Filed 03/21/20 Page 1 of 2

SWORN STATEMENT OF M.B.G.

I, M.B.G.

, hereby swear and attest, under the penalties of perjury, that the

following is true and correct to the best of my knowledge:

1. My name is M.B.G.

. I arrived at the Berks County Detention

Center on March 14, 2020 with my wife M.E.F.

and my child

A.B.E.

.

2. When we arrived, we were briefly checked in the medical center. They only took our temperatures to see if we had a fever. We had bloodwork done to see if we had any sickness. I did not fully understand what they were doing to us because I do not understand English. Two days later my arm was inflamed and they took me to the hospital for.

3. The next day after we arrived, they told us that we have to wash our hands and to cough and sneeze into the inside of our elbow.

4. I was separated from my family and we are placed in different housing. I am in a room with three other men. One of them has shown signs that he might be sick. He started coughing and I am afraid that I may get sick as well. We are in a small room and in close proximity of each other. There is nowhere in the center where we can keep a reasonable amount of distance from each other.

5. From what I have seen the Berks detention center is not a sanitary place. The workers do not clean anything. The only thing they do is spray a liquid on surfaces. They do not wipe down tables, door knobs or any sort of surface. They quickly and lightly spray the top of things and then go away.

6. What worries me the most is that the workers do not clean the toys the children play with. Their immune system is still not fully developed and are most at risk. I worry when I see my son play with the toys because I see other children who are obviously sick play with them. I am afraid that the children will spread any illnesses they may have.

7. There are only three places where soap is available. There is one soap dispenser in the cafeteria, one outside the TV room, and one outside the teen playroom. We do not have soap in the room or in our bathrooms. I tried to request soap to a staff member but they did not do anything. I do not know if they do not understand me or they do not want to replace the soap. There has not been any soap in the bathrooms since I arrived to Berks on Saturday March 14, 2020. When we use the bathrooms we are only able to rinse or hands with water.

8. Many of us detained at Berks are afraid because they are not telling us anything about the Corona Virus, they only told us to wash our hands and cough on our elbows. I am frightened because we heard about the virus in Mexico before we were brought to

Case 1:20-cv-00786 Document 1-3 Filed 03/21/20 Page 2 of 2
Berks. The only information we have gotten is from the News on TV and that is in English. We try to read the subtitles but we do not fully understand was is being said.
9. I have noticed that the staff members are keeping their distance from us. They stand as far as they can when they are supervising us. When someone is coughing or looks sick, the staff members just tell them to couch in their elbow and to wash their hands.
10. They have not put any notices or flyers letting us know about the Corona Virus. If they did, we do not know because everything is in English and we do not understand what they posters say.
11. I am afraid that we will catch this Virus because Berks keeps bringing in new people all the time. Every new person has been through the airports and I think they may be infected. Since I do not know anything about the Virus and they have not explained anything to us, I fear that we could get sick at any time.
12. None of the Berks staff speak Spanish and we cannot communicate with anyone. I believe that they should have someone who speaks Spanish explain to us what is going on.

M.B.G. Signature M.B.G.
I, __Adriana C. Zambrano___, swear and affirm that I am fluent in both English and Spanish and that the above statement from Mardoqueo Bonilla Garcia is a true and correct translation to the best of my ability.

_______________________________________ Adriana C. Zambrano

03/19/2020

Case 1:20-cv-00786 Document 1-4 Filed 03/21/20 Page 1 of 7

DECLARATION OF SHALYN FLUHARTY

I, Shalyn Fluharty, hereby declare under penalty of perjury as prescribed in 28 U.S.C. § 1746:

1.

I am an attorney licensed and admitted in the State of California. I am the Director

of the Dilley Pro Bono Project (“DPBP”), a volunteer-based project that provides

free legal services to asylum-seeking families who are detained at the South Texas

Family Residential Center (“STFRC”) in Dilley, Texas. I have served in this role

since December 2016.

2.

Immigration and Customs Enforcement (“ICE”) has capacity to detain up to 2,400

women and children at STFRC at any given time. The facility is operated by

CoreCivic, a private prison company contracted by ICE. Medical services at

STFRC are provided by the ICE Health Service Corps.

3.

DPBP has maintained a daily on-site presence at STFRC since December 2014,

when the facility opened. On March 18, 2020, DPBP ceased in-person visitation

with clients in response to the COVID-19 pandemic.

4.

Families detained at STFRC seek protection from persecution in the form of

asylum. Although the majority of families detained in Dilley are from El Salvador,

Guatemala, and Honduras, families detained in Dilley come from all over the

world and transit numerous countries in route to the United States. For example, in

March 2020, DPBP provided legal services to families from Uzbekistan, India,

Romania, Turkey, Haiti, and Brazil, to name a few.

5.

Most families are detained at a Customs and Border Patrol (“CBP”) processing

center before being transported to Dilley in a bus with many other families. Our

clients frequently report they were crammed into a large, cold cell for multiple

days without access to hot meals, showers, toiletries, medical care, and beds while

in CBP custody.

6.

Social distancing—keeping a distance of 6 feet from others—is impossible for

families who wish to protect themselves from COVID-19 while detained at

STFRC. The facility is comprised of numerous trailers which are enclosed by a

perimeter that keeps families from leaving. Detainees are surrounded by hundreds

of other detainees at any given time and required to share bedrooms, the bathroom,

and numerous communal spaces.

7.

ICE and CoreCivic limit the movement of DPBP staff and volunteers at STFRC to

four specific locations. The legal visitation trailer is a large trailer just beyond

STFRC’s security entrance. It has capacity to hold 135 people at any given time.

The trailer has one large common room where approximately 90 people receive

Know Your Rights presentations and wait for an appointment with a lawyer at any

given time. The legal visitation trailer also houses 14 individual rooms that are

used for legal and social visitation with detained families. In order to seek legal

services – whether through in-person visitation or telephonically – a detainee must

Case 1:20-cv-00786 Document 1-4 Filed 03/21/20 Page 2 of 7

go to the legal visitation trailer where there are numerous other detainees waiting to speak with counsel most, if not all, of the time. Although there are telephones located in each housing unit, these phones are not free and phone calls are recorded and not confidential.

8.

The “court” building is a large trailer with numerous rooms, including five

courtrooms that are used for immigration court proceedings and meetings hosted

by ICE. The court trailer also contains smaller rooms used for consular visitation

and asylum interviews, and two large waiting rooms where 20 or more families are

required to wait side by side for their appointments, interviews, and court hearings.

Meetings and appointments that occur in the court building are mandatory, not

optional. Although perhaps an individual could choose to not go to their asylum

interview of court hearing, this would ultimately indicate they were abandoning

their request for asylum, and place them at risk of removal. When a court docket or

asylum interviews are scheduled, the Executive Office of Immigration Review and

asylum office schedule numerous families at the same time. In other words, in

order to attend a court hearing or interview, a family is required to be close to a

high volume of other families who are simultaneously scheduled to appear.

9.

The “asylum” building is a trailer with numerous individual meeting rooms and a

lobby that holds approximately 20 people at a time. Families who are scheduled for

credible fear interviews with the asylum office are scheduled in groups, and wait in

the lobby together, before being called to their interview.

10.

“Building 100” is a trailer used by ICE for meetings with large groups of families,

and by DPBP for group legal presentations. Building 100 has capacity to hold

approximately 45 people at a time. The space is not large, and families who attend

meetings in building 100 are typically required to sit approximately six inches

away from other individuals who attend the meeting.

11.

Although DPBP movement is limited to the four locations detailed above, I was

provided a tour of STFRC by ICE in 2017. During the tour I asked questions, and

ICE provided a general explanation of facility operations. The tour began in the

“intake” trailer. During intake at STFRC, the personal possessions of arriving

families are inventoried and stored. Families are provided with uniforms,

processed by ICE officials, and given a brief medical screening. During intake –

which can last for hours – families wait their turn in line surrounded by numerous

other families.

12.

Families are assigned to a “neighborhood” and room at intake, where they are

housed. A neighborhood is comprised of multiple trailers that are connected by

walkways and car ports. Most dormitories contain six bunkbeds (12 beds) that are

separated from one another by a few feet. The dormitories do not have a

bathroom. Rather, families share a bathroom with many others who sleep in

different rooms within their neighborhood. Neighborhoods also have a community

room, where detainees gather and have meetings required by CoreCivic.

Case 1:20-cv-00786 Document 1-4 Filed 03/21/20 Page 3 of 7

13.

STFRC maintains numerous common spaces, including: (1) a dining hall that holds

hundreds of people, (2) a school, divided by multiple classrooms that hold

approximately 20 children each, (3) a large gymnasium that is used for group

exercise classes and as a waiting room for medical appointments, (4) outdoor

playgrounds and spaces where groups of children and families congregate, (5) a

large auditorium that holds approximately 200 people, (6) a library, and (7) a small

building used to dispense medication to detainees who wait in line at designated

times each day.

14.

Mothers currently report that detainees are crowded in lines in the dining room,

and that there are no efforts to keep individuals from touching or breathing on the

food. These reports are consistent with what I personally observed during my tour

of STFRC. Mothers have also informed DPBP staff that as of March 20, 2020, the

school and daycare at the detention facility continue to operate.

15.

During my tour of STFRC I was not permitted to see the medical units. DPBP is

generally prohibited from having direct contact with medical staff at the facility.

16.

Based upon my observations at STFRC, it would be impossible for detained

individuals to create distance between themselves and other detainees. Detainees

are required to share rooms and the bathroom and must wait in large communal

areas in order to receive access to legal services, medical care, education, and to

participate in their legal proceedings.

17.

Many DPBP clients are concerned they will be exposed to COVID-19 and not have

access to adequate testing or treatment at STFRC. Detained families have access to

television at STFRC, and have learned about the outbreak - and its risks and

symptoms - by watching the news. To date, DPBP staff is not aware of any formal

education provided to families detained at STFRC regarding COVID-19 and

precautions for limiting its transmission.

18.

Many families report having inadequate access to soap and hand sanitizer at the

facility. On March 17, 2020, one mother noted that she had not been able to find

soap all morning, and that that there was no soap available to her until at least 1:30

in the afternoon. Another mother informed DPBP staff that the soap dispenser in

her room had been broken for three weeks, despite repeatedly notifying staff at the

detention center. Several mothers also reported that they have not been provided

with additional soap or hand sanitizer to account for the heightened need for hand

washing. One child noted on March 19, 2020 that there was no hand sanitizer

available in the dining hall.

19.

Several mothers report they have not been provided with adequate cleaning

supplies to clean their rooms, which they are required to do. On March 18, 2020,

twenty-three mothers stated that they were not provided with disinfectant wipes,

and that their requests for disinfectant wipes were denied. One mother reported that

she was only given paper towels to clean her room. Another mother stated that she

asked CoreCivic staff for cleaning supplies, and was informed cleaning supplies

were being rationed because the facility has a short supply.

Case 1:20-cv-00786 Document 1-4 Filed 03/21/20 Page 4 of 7

20.

Several mothers reported to DPBP staff that there have been no heightened efforts

to clean or disinfect common areas in the detention center. Several families state

the bathrooms are extremely dirty. One mother noted that she has only observed

detention center staff disinfect areas once per day. Another mother noted that she

has never seen the communal computer in the library cleaned or disinfected.

21.

Facemasks are generally not available to families at STFRC, not even to

individuals who are sick. Families report that although some medical staff at the

facility wears gloves, many do not wear masks. Mothers have observed facility

staff coughing, and staff who appear to be sick with a fever, who are not wearing a

mask. One child reported that she had an appointment with a dentist who coughed

throughout their appointment.

22.

On March 18, 2020, DPBP conducted a survey with 27 detained families to learn

more about STFRC’s COVID-19 response plan and implementation. Survey

results revealed the following:

• 18.5% of families surveyed stated the mother or child had a high fever within the last 24 hours;
• 63% of families stated the mother or child had a new or continuous cough; • 40.7% of families stated that someone else in their dormitory presented with a
new or uncontrollable cough or high fever; • 16.7% of families stated they had encountered a facility employee or visitor who
had an uncontrollable cough or apparent fever who returned to the facility after the first day they observed their symptoms; • 46.2% of families stated they had not been advised to wash their hands for 20 seconds; • 40.7% of families stated they had not been provided with tissues or advised to cough or sneeze into a tissue; • 88.9% of families stated they had not been provided with masks, gloves, or cleaning supplies to perform cleaning tasks in their housing unit; • 70.4% of families stated they had not been provided with additional soap or hand sanitizer to make it easier to wash their hands; • 51.8% of families stated they have not seen facility staff frequently clean and disinfect objects and surfaces that are regularly touched; • 81.5% of families stated that individuals who show signs of illness are not provided with a facemask; • 81.5% of families stated that individuals who show signs of new or uncontrollable cough, or a high fever, are not transferred to an outside facility or the hospital, and are not placed in isolation; and • 85.2% of families stated that potentially infected persons are not grouped together in the same room or housing unit.

23.

Families have repeatedly reported inadequate access to medical care at STFRC.

Detainees are frequently required to wait two to three hours in a crowded waiting

Case 1:20-cv-00786 Document 1-4 Filed 03/21/20 Page 5 of 7

room in order to speak with a medical provider, and there have been times when DPBP clients have reported waiting eight hours to see a doctor. DPBP clients regularly report they are denied access to medical assessment, follow-up, and treatment. Mothers often tell DPBP staff they fear their child will die in detention due to illness and a lack of medical care. This fear became a reality for one of DPBP’s former clients, Yazmin Jaurez, whose 18 month old daughter Mariee died shortly after release from STFRC due to an untreated infection.

24.

As of March 20, 2020, DPBP staff was unaware of any mother or child who had

been tested for COVID-19, despite the fact that many individuals currently

detained at STFRC have flu-like symptoms. This is consistent with our ongoing

observation at STFRC over the last four years that detainees are regularly deprived

of timely and appropriate medical evaluation and treatment, even in the most

egregious of circumstances.

25.

Our clients report that sick individuals are intermingled with the rest of the

population at STFRC, despite exhibiting a cough, fever, and other COVID-19

symptoms. Seventeen mothers informed DPBP staff on March 18, 2020 that either

they or their child had a cough or a high fever, and yet none of them had been

tested for COVID-19 or placed in isolation. The same day, eleven mothers reported

that there was at least one other person in their dormitory that was presenting with

a new or uncontrollable cough or a high fever.

26.

On March 19, 2020, two families detained at STFRC reported that eight new

families had arrived at the facility that day. Both families reported that one of the

newly arrived mothers is exhibiting COVID-19 symptoms and has been provided a

facemask. Her child, however, was not provided with a facemask.

27.

Failure to test individuals who display COVID-19 symptoms is of particular

concern to many DPBP clients. One mother informed DPBP that her five-year-old

daughter has experienced fatigue and a severe cough for a week. When the mother

sought medical care at STFRC, she was told to give her daughter water, and that

there is no cough medicine available for children. The family was not given

advisals regarding COVID-19 or tested for it.

28.

DPBP represents many mothers and children with pre-existing medical conditions

who are particularly vulnerable to COVID-19. Although these individuals are

uniquely susceptible to the harms of COVID-19 under any circumstance, many

state their condition has deteriorated due to inadequate access to medical care

while detained, placing them even at greater risk.

29.

DPBP is aware of at least five children with asthma who are currently detained at

STFRC. One mother informed DPBP staff that her eight-year-old asthmatic child

was transported to a hospital after he was struggling to breathe. Since the child’s

release from the hospital, however, he has not been provided with an inhaler or

necessary follow-up care. DPBP staff spoke to another mother whose seven-year-

Case 1:20-cv-00786 Document 1-4 Filed 03/21/20 Page 6 of 7

old son was diagnosed with asthma while detained. The child’s condition has deteriorated significantly during his five months in detention. In early February 2020 the mother sought medical care for her son because he was struggling to breathe. STFRC medical staff refused to provide the child with treatment until the next morning, when his lips turned blue and he required emergency transportation to the hospital and more than 24 hours on an oxygen tank.

30.

DPBP represents several pregnant women, including women with complicating

factors. For example, O.M.G., a named plaintiff, is six months pregnant. O.M.G.

miscarried during a prior pregnancy and has been diagnosed with a vaginal

infection while detained at STFRC. Medical staff at the facility has informed

O.M.G. that her condition may lead to another miscarriage or birth defects. On

March 21, 2020 I spoke with O.M.G. by telephone. During the telephone call I

translated the entirety of the “Declaration of O.M.G.” into Spanish. I am fluent in

the Spanish and English language and swear under the penalty of perjury that

O.M.G. confirmed that the information contained in the declaration is true and

correct.

31.

DPBP represents numerous clients with heart-related problems, including a five-

year-old child with a heart murmur that has experienced chronic fatigue, loss of

appetite, excessive sweating and lethargy, and a fifteen-year-old child that was

hospitalized while in CBP custody for heart palpitations. Another fifteen-year-old

child represented by DPBP has suffered cardiac attacks for approximately four of

the almost seven months that she has been in detention. The child’s mother reports

that on numerous occasions her daughter has suffered episodes where she develops

heart palpitations, a prickling sensation in her limbs, trouble breathing, dizziness,

nausea, sweating, and sudden fatigue. On one occasion in February 2020, while

suffering another cardiac attack, the child had trouble breathing and became dizzy.

Upon seeking medical attention at STFRC, a medical staff member told the child

to “calm down” and only checked her blood pressure after her mother insisted.

32.

DPBP also represents numerous children with anemia, including one mother and a

son who are both anemic. That mother informed DPBP staff that she sought

supplements for her son shortly after they arrived at the detention facility in

September 2019 but was turned away from the medical unit. After her son was

determined by medical staff to be underweight, he was prescribed Pediasure. The

child has not received additional treatment.

33.

The above examples are few of many. An additional non-exhaustive list of medical

conditions currently experienced by individuals detained at STFRC includes:

diabetes, thyroiditis, hyper-throidism, tooth infections, vitiligo, epilepsy, gastric

liver damage, tachycardia, eye infection, chronic gastritis, and seizure disorder.

Medical conditions reported by our clients that are currently untreated and not

sufficiently evaluated, or evaluated at all, include: heart palpitations, heart

Case 1:20-cv-00786 Document 1-4 Filed 03/21/20 Page 7 of 7

murmurs, deteriorating vision, undiagnosed lumps with accompanying pain and swelling, kidney inflammation and complications, continued vomiting, severe migraines, numbness in limbs, tumors and ovarian cysts. In addition, there is a child who recently survived a severe skull fracture, a child who is a cancer survivor, and a mother who recently required surgery while detained.

34.

Although there are medical providers on site at STFRC, specialists are not

available to detainees and the facility is not able to respond to medical

emergencies. The facility is 20 minutes away from the Frio Hospital, a very small

hospital located in Pearsall, Texas. The Frio Hospital is not equipped to respond to

medical emergencies, and the overwhelming majority of individuals who required

heightened medical care are transported to a hospital in San Antonio, which is

approximately one and half hours away from STFRC.

35.

Should emergency medical care be needed to provide care to someone impacted by

COVID-19, it is likely they would need to be transported to a hospital in San

Antonio. Unfortunately, if one person is infected in Dilley, it is likely the entire

population will quickly become infected. If 2,400 individuals required

hospitalization at once in San Antonio, the system would become flooded and

neither the families detained at STFRC, or individuals who required hospitalization

from the community, would have the access and medical care they require.

I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct.
Executed March 20, 2020 in San Antonio, Texas.

_/s/__________________ Shalyn Fluharty

Case 1:20-cv-00786 Document 1-5 Filed 03/21/20 Page 1 of 4
DECLARATION OF ALLISON HERRE I, Allison Herre, hereby declare under penalty of perjury as prescribed in 28 U.S.C. § 1746: 1. The facts set forth below are based on my personal knowledge. I can testify competently to them if called upon to do so. 2. I am an attorney licensed in the State of Ohio. I am the Managing Attorney of the Dilley Pro Bono Project (“DPBP”), and have worked for direct the Dilley Pro Bono Project since July 2019. In this capacity, I supervise a team of attorneys, paralegals and volunteers, and provide direct representation to detained immigrant families before the Executive Office of Immigration Review and the Department of Homeland Security. 3. Based upon this experience, I am familiar with the population of asylum seekers that pass through the South Texas Family Residential Center (“STFRC”) and the policies—and changes to those policies—that are implemented by Immigration and Customs Enforcement (“ICE”) and CoreCivic at STFRC. 4. On Monday, March 16, 2020 at 2:00 p.m., Tami Goodlette, Deputy Director of our Project, and I met with ICE Assistant Field Office Director (“AFOD”) Richard Hunt and the ICE Office of Chief Counsel, Deputy Chief Counsel, Emmanuel Garcia. The purpose of the meeting was to learn more about ICE’s COVID-19 response plan, and address access to counsel concerns inherent in our project’s decision to end in-person visitation with clients at the facility. 5. During the meeting I expressed concern regarding the potential spread of COVID19 at STFRC, and asked AFOD Hunt whether families would be tested for COVID-19. AFOD Hunt explained medical intake procedures would not change, and that medical personnel would continue to briefly screen incoming families during the intake process. AFOD Hunt further
1

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explained that that medical staff would look for worrying symptoms during intake, and if worrying symptoms were identified, families would be “flagged in the system” and sent to the medical residential housing unit for monitoring. If symptoms persist or a person were to test positive for COVID-19 (or any other communicable disease), the family would be moved into a negative pressure room.
6. I asked AFOD Hunt whether COVID-19 testing would be implemented, facility wide. AFOD Hunt stated everyone would not be tested, and that there was no plan for large-scale testing of any sort. AFOD Hunt did not confirm whether COVID-19 tests were indeed available at STFRC, or if any detainees have actually been tested for it.
7. Based upon ongoing conversations with hundreds of families at STFRC, and targeted surveys of clients to learn more about ICE’s response to COVID-19 in practice, we have not identified a single individual who has been tested for COVID-19 or who was placed in a negative pressure room for a suspected of actual COVID-19 infection.
8. When asked what precautions ICE is taking to prevent the spread of COVID-19 in the facility, AFOD Hunt responded that ICE may consider releasing a family with a positive COVID-19 test, but did not commit to release occurring. AFOD Hunt explained that the facility would continue to clean the facility in accordance with its prior practice, which includes wiping down toys in the play area three times per day.
9. AFOD Hunt also stated that self-serve stations in the dining hall would be staffed by contracted personnel, who wear gloves and dish out food to detainees. This is the only change AFOD Hunt indicated was being implemented at STFRC in response to COVID-19.
10. I have reason to believe that the three things identified by AFOD Hunt as part of STFRC’s COVID-19 response plan (medical screening on the bus with further observation of
2

Case 1:20-cv-00786 Document 1-5 Filed 03/21/20 Page 3 of 4
individuals who present COVID-19 symptoms, cleaning of toys three times a day, and contracted personnel taking over the self-serve food lines in the dining hall), have not been consistently implemented, if at all. Based upon detailed conversations with DPBP clients, it does not appear self-serve lines have been staffed by a contractor. Numerous clients have informed DPBP that the self-serve lines in the dining hall are still in operation. We have also received reports of CoreCivic staff refusing to wipe down toys and withholding sanitizing wipes from residents upon request. Additionally, we have heard from mothers who have taken children to medical with worrying symptoms, including new and uncontrollable coughing and a high fever, that they have not been seen by a doctor, tested, or provided with any medical treatment and that individuals who arrive to STFRC with a cough – which is very common – are not placed in isolation.
11. During our conversation about ICE’s COVID-19 response plan, AFOD Hunt failed to detail any plans for staff or detainee education about the COVID-19 virus, changes to staffing plans for STFRC medical or custody staff, and changes to staffing for cleaning the facility. AFOD Hunt also did not mention any steps in increase detainee hygiene and hand washing, coordination with hospital or outside medical providers in case of an outbreak, screening for COVID-19 exposure (rather than just symptoms), changes to sleeping arrangements at the facility, additional precautions for vulnerable populations, procedures to implement social distancing amongst detainees, or the provision of masks, new cleaning supplies, or gloves to staff or detainees.
12. I expressed significant concern for detained families with pre-existing medical conditions who are uniquely vulnerable and at risk of death if infected by COVID-19. Specifically, I noted the possibility that infected individuals who are asymptomatic may come
3

Case 1:20-cv-00786 Document 1-5 Filed 03/21/20 Page 4 of 4
into contact with other detainees with pre-existing conditions. AFOD Hunt informed me ICE has no plans to release medically fragile detainees, and that ICE planned, to instead, isolate infected (or potentially infected) individuals to prevent the spread of the virus to medically vulnerable individuals.
13. On March 20, 2020 I received a phone call from AFOD Hunt informing me that ICE has, or will, release medically vulnerable families who are detained at STFRC. DPBP maintains a non-exhaustive list of clients who we have identified as medically vulnerable. Our current list includes approximately 100 individuals. As of March 21, 2020 I am not aware that any of these individuals have been released from STFRC.
I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct.
Executed March 20, 2020 in San Antonio, Texas. ___________________ Allison Herre
4

Case 1:20-cv-00786 Document 1-6 Filed 03/21/20 Page 1 of 2
Declaration of Stephanie Alvarez-Jones
I, Stephanie Alvarez-Jones, hereby declare under penalty of perjury as prescribed in 28 U.S.C. § 1746:
1. I am a staff attorney and Justice Catalyst Fellow with the Dilley Pro Bono Project (“DPBP”), where I have worked since September 2019. I am an attorney licensed to practice in the State of New Jersey.
2. Part of my regular duties involve meeting with and speaking with families detained at the South Texas Family Residential Center (“STFRC”) in Dilley, Texas. I meet with clients at STFRC at least once a week.
3. Ever since I started working with the Dilley Pro Bono Project in September 2019, the process to enter the detention facility has largely been the same. For example, in February 2020, when I entered the security trailer at STFRC, I was required to place my belongings in a bin which was then passed through an x-ray machine. I then had to walk through a metal detector. After collecting my belongings, I was required to sign into the visitor’s sign-in sheet. I am required to list my name, the organization with which I am affiliated, my driver’s license number, and the time of my entry. I then exit the security trailer, walk through a covered walkway into the legal visitation trailer.
4. There was nothing different about the entry procedure when I entered STFRC on Tuesday, March 17, 2020. When I signed in, I was not asked to provide any additional information. I was not asked whether I had a cough or fever; whether I had traveled outside of the United States in the last fourteen days; whether I had traveled to an affected area in the last fourteen days; whether I had come into close contact with someone who had COVID-19 in the last fourteen days; or if I had any contact with someone who had travelled outside of the United States. At no point was my temperature taken during my 11-hour visit at STFRC that day. At no point was I offered or asked to wear a face mask or gloves. At no point was I asked to wash my hands.
5. The only difference I noticed on Tuesday, March 17, 2020, was a laminated notice on the door to the legal visitation trailer. This notice was from the Federal Bureau of Prisons regarding the COVID-19. It recommends that individuals with cough or fever not enter the facility.
6. Upon entering the legal visitation trailer, I walked to a table at the far end of the visitation trailer. I observed four Core Civic guards in the legal trailer. None of them were wearing face masks and none of them were wearing gloves.
7. I met both individually with clients and with large groups of clients on Tuesday, March 17, 2020. At no point did I see anyone – other DPBP staff, detention facility staff, ICE

Case 1:20-cv-00786 Document 1-6 Filed 03/21/20 Page 2 of 2
officers, or women and children – wearing face masks. The cleaning crew did wear gloves, as they usually do. 8. On March 21, 2020, I spoke with C.L. by telephone. During the telephone call I read the entirety of the “Declaration of C.L.” in English to a certified Haitian Creole interpreter, who translated from English into Haitian Creole. I swear under the penalty of perjury that C.L. confirmed that the information contained in the declaration is true and correct.
I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct.
Executed March 21, 2020 in Dallas, Texas.
Stephanie Alvarez Jones

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Case 1:20-cv-00786 Document 1-9 Filed 03/21/20 Page 1 of 5
DECLARATION OF LAILA AYUB
I, Laila Ayub, swearing under penalties of perjury, make the following declaration.
1. I am a staff attorney at RAICES. I regularly make legal visits with families detained at the Karnes County Residential Center in Karnes City, Texas. Typically, I spend about 10 hours there, two to three times a week. The following are my firsthand observations and recollections from conversations with families and staff at Karnes. 2. On March 9 and 11, 2020, I made legal visits to Karnes. Between those two days, approximately six families organically shared with me that their children have stopped eating within preceding two weeks. Three fathers specifically expressed concern that their children, two three years old and one six years old, have been losing weight as a result of not eating. 3. One father described his three-year-old son as “skin and bones.” He told me that he took his son to the medical center because of the weight loss. He told me that the medical staff just weighed his son and told him that it is normal for a young child to not eat a lot of food, and that it is okay for a young child to not be gaining weight. 4. Other fathers told me similar stories. They took their children to the medical center because they were not eating, and the GEO medical staff weighed their children, and said that the children were doing fine. 5. One father told me that his son has lost seven pounds since being detained. 6. Each of the fathers I spoke with told me that their children never had problems eating prior to detention. They also had not experienced weight loss like this prior to detention and were growing normally before their detention.

Case 1:20-cv-00786 Document 1-9 Filed 03/21/20 Page 2 of 5
7. I visited Karnes on March 18, 2020, for the first time since ICE announced changes to visitation procedures at Karnes. 8. When I entered the building that day, I was allowed to go through security to the front desk as I normally would. I placed my belongings on the conveyer belt and walked through to the front desk to check in. 9. GEO staff took my temperature with a no-contact thermometer and had me fill out a questionnaire. GEO staff did not explain anything to me. They did not ask me to wash my hands. They were not wearing gloves. I handed them my license as I normally would, and they handed me a visitor badge. They placed my license in a binder along with those of all other staff and visitors in the building. They told me I could enter the visitation area to begin meeting with clients. 10. When I walked into the visitation room, at approximately 9:40 am, a group of detained fathers were cleaning the restrooms and high traffic tables, doors, and windows. The only protective gear they had was gloves. GEO staff were telling them what to clean. 11. Throughout the day, GEO staff were touching all of the surfaces on tables and the front desk and standing within close proximity to one another. They lined up within inches of one another on the hour to clock in and out from their shifts. They use a touch screen to do this. I have never seen someone clean the touch screen. 12. I noticed that I could not avoid touching certain surfaces with my hands throughout the day. For example, I have to open two doors to get into the visitation room. The second door requires me to press a button so that someone can unlock the door remotely. The trash can in

Case 1:20-cv-00786 Document 1-9 Filed 03/21/20 Page 3 of 5
the visitation room requires me to use my hands to close it. The doors to the rooms where I meet with clients cannot be opened without using my hands. 13. I have not seen any of the children’s toys in visitation get cleaned, nor phones or tablets that are used for family visits. As far as I know, there is no protocol in place for cleaning these surfaces before or after client meetings. Clients had to use phones and tablets to be able to speak to RAICES staff for remote legal visits. I took it upon myself to wipe these down between clients. 14. GEO guards handled families’ identification cards with their bare hands. I did not see them getting up to wash their hands frequently. 15. ICE staff came very close to me to speak with me, multiple times throughout the day. They were within a three feet distance from me. The only apparent precaution they took was to tell me they could not shake my hand. 16. The waiting room to get into visitation was full of families sitting in chairs immediately next to each other. 17. The rooms in visitation require that we sit across the table from the person with whom we are meeting. I would estimate that we are about a foot or two apart from one another, sitting face to face. 18. GEO staff required families to line up to head into the cafeteria as usual, in two parallel single file lines, with no more than an arms distance between each other. The fact that families line up at meal times indicates that they are required to all eat at once. I would therefore assume that the cafeteria is full of people at meal times.

Case 1:20-cv-00786 Document 1-9 Filed 03/21/20 Page 4 of 5
19. Children were still attending school throughout the day as usual, and going to the daycare. 20. Clients told me that they were being called one by one to meet with officers to sign forms about coronavirus. They said that these forms seemed like a way for staff to put on a facade of having explained coronavirus and taken the necessary precautions, but they did not actually explain it to them. 21. In the afternoon, a large group of families tried to enter visitation at once to speak with RAICES attorneys. GEO staff did not let them speak to me. GEO did not ask the group to disperse, even though they were very crowded in a small room and standing close to each other. In fact, GEO staff also got very close to the group of families. 22. Every family I met with during the day organically told me that children are sick, many are vomiting and have diarrhea. They told me there have been several children and fathers with fevers but that they do not get removed from housing units, most people are still living in their rooms with other families. 23. In the evening, a toddler came up to me and touched me, so as to try and play with me. The child was clearly too young to be able to grasp the concept of taking precautions against a virus. Because it was the evening, the daycare was closed, which means that the child had to accompany his parents while they spoke with RAICES attorneys. Because of the size of the room, there was no appropriate space for the child to be able to distance himself from me or vice versa. It also seems inhumane to have to think about communicating to a toddler that he needs to move away from me in order to keep an appropriate social distance. The same child

Case 1:20-cv-00786 Document 1-9 Filed 03/21/20 Page 5 of 5
approached a GEO staff member. The GEO staff member did not take any care to avoid touching the child or create space between himself and the child. 24. I cannot imagine how this situation would be avoided within the setting of Karnes. I believe that the only appropriate preventative measure for that toddler and other children at Karnes would be for him to live outside of detention, in a setting where his parents would be able to exercise the power to make decisions to protect their child’s health and safety. 25. I am afraid that I could unknowingly carry the virus to the families I meet with at Karnes because of the above stated observations.
I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed on March 21, 2020 in San Antonio, Texas.
________________________ Laila Ayub

Case 1:20-cv-00786 Document 1-10 Filed 03/21/20 Page 1 of 2

Declaration of R.P.

, A2 1-613

I, R.P.

, declare under penalty of perjury that the following is true and correct to the

best of my knowledge and recollection.

1. My name isR.P.

. I was born in Port Au Prince, Haiti on April 6, 1986. I am 33

years old and currently detained in ICE custody at the Karnes County Residential Center

with my pregnant wife, R.M.

, A#213-211-614, born on November 4, 1997 in

Ouanaminthe, Haiti and my one year old son, V.P.

, A#

1-615, born on

April 10, 2018 in Port Au Prince, Haiti.

2. I am not too comfortable here. Most of the people here are women and children, many of

whom are already sick or not eating well. We are all worried that if the virus reaches this

detention center, many people could die. The GEO officials have not said anything to us

or shared important information about safety. Everything that we know has come from the

news that we watch. The officials have been silent.

3. I believe that if my family was able to be released and continue my case outside of

detention, we would have a better chance of staying healthy. The doctors here are already

not able to protect us. The doctors say they are already busy and they are frequently unable

to take care of our current needs. My wife, for example, is sick and has ovarian cysts. She

is in lots of pain and has gone to the doctors here many times but has been told treatment

is not available. She has not had her period in over 5 months. If this is how this center

handles routine medical care, I fear for our lives if the virus reaches us and we are stuck

here.

Case 1:20-cv-00786 Document 1-10 Filed 03/21/20 Page 2 of 2
R.P. R.P.
R.P.

Case 1:20-cv-00786 Document 1-11 Filed 03/21/20 Page 1 of 2

Declaration of T.F.

A#213-211-563

I, Tanie Francois, declare under penalty of perjury that the following is true and correct to the best of my knowledge and recollection.

1. My name is T.F.

, A#213-211-563. I was born on May 17, 1983 in Haiti. I

am 37 years old and currently detained in ICE custody at the Karnes County Residential

Center (“Karnes”) with my husband, A.R. , 4 years old, and D.F.R.

, and our two children, B.F. , 19 months old. R.

MY BABY’S HEALTH HAS DETERIOTED SINCE BEING DETAINED AT KARNES

2. Since we arrived at Karnes, my baby’s health has deteriorated. I first noticed she was struggling to breathe at night while she slept. She becomes easily congested and begins wheezing. As a result of her difficulty breathing, she wakes up in the middle of the night crying and cannot fall asleep. Her lack of sleep is also concerning because it puts her at an increased risk of becoming ill from coronavirus (“COVID-19”). I feel like she is in pain.

3. I visit the medical center at Karnes every day, so the medical staff can care for her. However, I do not trust that they care. The doctor at Karnes, whose name I do not know, told me that D.F.R. has secretion in her lungs that’s causing her breathing complications but that it was normal. They also tell me that her weight is normal when in reality, she’s lost about 7 pounds since we arrived at Karnes. She used to weigh about 33 pounds (15 kilograms) but now weighs about 26 pounds (12 kilograms). This kind of weight loss is not normal for a baby. If I cannot trust the medical staff to tell me the truth about her weight loss, I cannot trust that they care about our health.

4. When she first began to exhibit breathing problems, the medical staff used a machine to get the congestion out of her lungs. After telling me the machine was no longer necessary, they took her a hospital off-site for some additional testing. I do not know the results of the tests they performed, however, because they never shared them with me. They also said they will need to repeat the test but they have not done it yet.

5. Currently, my baby is not eating. She was not always like this. Before we were detained, she was a healthy baby and ate often. She no longer wants to eat. I breastfeed her because she does not want to eat anything.

GEO AND ICE ARE FAILING TO PROTECT US FROM COVID-19

Case 1:20-cv-00786 Document 1-11 Filed 03/21/20 Page 2 of 2
6. On top of her health complications we worry that our baby is at an increased risk of contracting COVID-19. Because her health has deteriorated in detention, and she’s not sleeping or eating, she could very easily get sick. On top of her existing health problems, COVID-19 could really harm her.
7. On top of that, neither GEO or ICE are taking the measures necessary to protect us. In fact, they are exposing us to more risk. My husband, for example, helps clean common areas at Karnes but GEO only provides him with gloves, no masks or hand sanitizer. There is also no hand sanitizer in our rooms or in common areas. When we go eat, hundreds of people, about 200, eat at a time in addition to standing in line much closer than 6 feet away from one another. This is in direct violation of recommended protocols set forth by the US government to fight the spread of COVID-19.
8. GEO guards themselves also expose us to harm. Most do no wear any gloves or masks when in close contact with us. We are afraid that a GEO or ICE officer will bring COVID-19 in with them and we all get sick. They put our health in danger every day.
9. In addition to exposing us to increased risk, there are not poster or notices on the walls in Haitian Creole for us to know how to protect ourselves. The lack of education and information regarding the virus suggest to me that they do not care about our health.
10. We want to be released from detention as soon as possible. Our baby’s health continues to deteriorate and doctors have left us in the dark regarding her care. In addition, we are afraid that her poor health puts her in danger of contracting COVID-19. On top of GEO and ICE’s failures in protecting our health, we believe that our lives and our children’s lives remain in danger the longer we stay here.

Case 1:20-cv-00786 Document 1-12 Filed 03/21/20 Page 1 of 15
Declaration of Ronald Jay Waldman, MD
1. I, Ronald Jay Waldman, MD am currently Professor of Global Health at the Milken Institute School of Public Health at George Washington University, Washington, DC. In addition, I serve as President and Chairman of the Board of Directors of Doctors of the World – USA, a 501(c)(3) not-for-profit entity incorporated in the State of New York.
2. I received my medical degree from the University of Geneva, Switzerland in 1975 and a Master of Public Health degree from the Johns Hopkins University, Baltimore, MD in 1979. Subsequently, I United States Public Health Service as a Commissioned Officer and was assigned as a Medical Epidemiologist to the US Centers for Disease Control and Prevention from 1979-200? I was honorably discharged and retired with the rank of Captain (O6). In addition, I have served as a Medical Officer with the World Health Organization, working in the Division of Child and Adolescent Health. I am the founding Director of the Program on Forced Migration and Health at the Mailman School of Public Health of Columbia University, New York, NY.
3. Finally, I have been employed or partially employed by the United States Agency for International Development since 2007 and have worked to provide them and their partner organizations with assistance in the area of pandemic preparedness.
4. COVID-19 is an acute disease of the respiratory tract caused by a novel corona virus designated SARS-CoV-2 that is transmitted from person-to-person via the respiratory route. It was first reported from Hubei Province China in December 2019 and has subsequently encircled the globe, causing severe illness and death in many countries, including the United States of America, where, as of this writing cases have been confirmed in all fifty states. The exact number of cases and deaths is undeterminable, as serological confirmatory testing has been unavailable for surveillance purposes. Most public health authorities are of the opinion that the actual number of cases is far greater.
5. While case counts change daily, and even hourly, as of this writing (March 21) there have been more than 200 cases reported from the State of Texas, prompting the declaration of the first public health emergency in that State in more than 100 years and resulting in the closing of schools, restaurants, bars, and other places of public gathering.
6. While every demographic within the population is susceptible to becoming infecting the with virus that causes COVID-19, certain groups appear to be at higher risk, and thereby more vulnerable, than others. These include the elderly, especially those with underlying chronic conditions, and others with compromised immune systems, including children.

Case 1:20-cv-00786 Document 1-12 Filed 03/21/20 Page 2 of 15
7. There is no specific cure or medical countermeasure for COVID-19. Only nonpharmaceutical interventions are available to slow its spread and to mitigate the serious consequences that result from it. The most important of these is commonly termed “social distancing”. As the term implies, effective social distancing requires individuals (or family units) to keep a certain distance between themselves; the usual recommendation is 6 feet. In order to reduce/eliminate transmission from an infected to an uninfected individual, individuals having more proximate contact with an actual or potentially infected individual should wear appropriate personal protective equipment.
8. In addition, the virus, if excreted from the respiratory tract of an infected individual, can survive on various surfaces for a time varying from hours to days, depending upon the nature of the surface and the viral load.
9. With the preceding in mind, I have reviewed the ICE Guidelines o COVID-19 (https://www.ice.gov/covid19, accessed March 21, 2019). While the guidelines appear to have been prepared with reasonable attention to current scientific knowledge, and with a reasonable degree of respect for current US Government policies, they are deficient in a number of areas, and are not necessarily protective of ICE personnel nor of those in their charge, as witness the confirmation of COVID-19 in an ICE officer in Elizabeth, New Jersey, reported on March 19.
10. The Guidelines are inadequate in the following respects:
a. No provisions are made for SARS-CoV-2 serologic testing in either ICE personnel or detainees. Without this, no definitive statements can be made about the existence of virus, disease, or disease transmission in ICE facilities.
b. Provisions for personal protective equipment to be used in some circumstances call for the use of surgical masks. These are insufficient and the use of N-95 particulate filtering facepiece respirators should be specified. To be sure, these are in short supply throughout the US, but they represent the “gold standard” and any deviation from this standard should be specified as an inadequate measure for the prevention of transmission.
c. The guidance contains no provisions for the appropriate, hygienic, cleaning of potentially contaminated surfaces. Lack of discussion of this potentially important means of transmission in the guidelines is a serious shortcoming.
d. The guidelines call for the detention of individuals determined to be I particularly vulnerable in groups, rather than as individuals or in family groups. This places an excess number of people at risk of infection and is poor public health practice.
e. Although international air travel has been discouraged in most parts of the world during the pandemic, ICE continues to discuss international air travel for detainees as standard policy. The only concession made to the possibility that the US Government might be responsible for exporting SARS-CoV-2 virus to other countries through this practice is that any detainee with a temperature of 100.4 degrees or higher will be immediately referred to a medical provider. The

Case 1:20-cv-00786 Document 1-12 Filed 03/21/20 Page 3 of 15
means by which body temperature would be determined is not specified, and there is no provision made for the follow-up of any contact of a detainee, whether ICE staff of another detainee, determined to have a high temperature, to be confined and/or tested for COVID-19.
11. It is my expert opinion that the policies expressed in the ICE Guidelines for COVID-19 are inadequate and contrary to accepted public health practice being adopted during the current pandemic. Rather than focusing on how to prevent transmission among ICE officers in detention facilities, policies should be developed to transfer detainees to places where proper social distancing can be practiced. In addition, removal of detainees to foreign countries by air travel should be immediately suspended.
Pursuant to U.S.C. 1746, I declare under penalty of perjury that the foregoing is true and correct.
Prepared in Washington, DC, on March 21, 2019,
Ronald Jay Waldman, MD, MPH

Case 1:20-cv-00786 Document 1-12 Filed 03/21/20 Page 4 of 15
Ronald J. Waldman, M.D., M.P.H.
Department of Global Health Milken Institute School of Public Health
The George Washington University Telephone: 202-374-2364 (cell) ronwaldman@gwu.edu
Date of Birth: March 4, 1946
Place of Birth: New York, New York, USA
EDUCATION
MPH, Johns Hopkins University School of Hygiene and Public Health, 1979 MD, University of Geneva, Switzerland, 1975 BA, University of Rochester, New York, 1967
PROFESSIONAL EXPERIENCE
Professor of Global Health, Department of Global Health, George Washington University School of Public Health and Health Services, July 2012 – present. Co-director, Humanitarian Health Program. Member, Branch Consortium on impact of armed conflict on reproductive, maternal, neonatal, infant and child health and nutrition.
Advisor, Emerging Pandemic Threats Program, United States Agency for International Development, 2012-present. Provide technical input to the Community Pandemic Preparedness Project (CP3), working with the. International Federation of Red Cross and Red Crescent Societies to strengthen the ability of eight low-income countries to prevent, detect, and respond to epidemics and outbreaks of diseases of pandemic potential. Provide technical advice to the Predict Project, one of a suite of USAID-funded projects aiming at strengthening countries’ abilities in the areas of viral discovery, identification, surveillance, and response.
President, Doctors of the World – USA, 2014-present. Provide leadership and direction to a growing member of a 16 chapter international non-governmental organization working in the areas of emergency response and health sector development.
Global Health Fellows Program, Public Health Institute, Oakland, California, 2007-2012.
Assigned to the Global Health Bureau, Avian and Human Influenza Unit, of the United States Agency for International Development. Led the development and implementation of the Humanitarian Pandemic Preparedness (H2P) initiative, a $100 million effort to prepare up to 30 countries for an influenza pandemic. Put together a broad partnership (Humanitarian Pandemic Preparedness) consisting of the International Red Cross and Red Crescent Societies, five United Nations Agencies (UNOCHA, WHO, UNHCR, IOM,

Case 1:20-cv-00786 Document 1-12 Filed 03/21/20 Page 5 of 15
and WFP), the US Department of Defense (AFRICOM and PACOM) and a number of nongovernmental organizations. The partners worked with host countries toward the development of detailed pandemic preparedness plans intended to mitigate the consequences of a severe pandemic. From May, 2009, the partnership concentrated primarily on response to the H1N1(2009) pandemic.
Subsequently, directed and coordinated an initiative called “Towards a Safer World”, an effort to capture the practical lessons learned from the “whole of society” approach taken for pandemic preparedness. This effort looks across 10 sectors at the current state of global disaster preparedness. Principal partners include the UN Secretariat for Influenza Coordination, World Health Organization, World Food Programme, World Tourism Organization, and the Academy for Educational Development (now FHI360).
Haiti Earthquake Relief: In January-February 2010, led the US Government health sector response to the Haiti earthquake, responsible for coordinating the efforts of USAID, the Department of Health and Human Services including the Centers for Disease Control and Prevention, and the Department of Defense.
Pakistan Flood Relief: From September through November 2010 I was assigned to the World Health Organization and the UN Office for the Coordination of Humanitarian Assistance to advise in the management of the emergency response to the floods in Pakistan and served as Senior Health Advisor to the UN Humanitarian Coordinator.
Professor of Clinical Population and Family Health and Professor of Clinical Epidemiology, 2005-2012. See below.
Deputy Director, Center for Global Health and Economic Development, Mailman School of Public Health of Columbia University, 2003-2005.
Responsibilities included the day-to-day management of this joint venture with the Earth Institute of Columbia University. The Center housed the Forced Migration Program (see below), as well as the Access Project, devoted to helping countries apply for and manage grants from the Global Fund for HIV/AIDS, Tuberculosis and Malaria; the MacroHealth Project, an attempt to devolve to national level the processes that were initiated by WHO’s Commission on Macroeconomics and Health; and an NGO, FilmAid, that seeks to use the power of film for health education in refugee camps.
A large proportion of my time at the Center was devoted to co-coordinating The Task Force on Child Health and Maternal Health of the UN Millennium Project and serving as a lead author on its report, Who’s Got the Power: Transforming Health Systems for Women and Children.
Professor of Clinical Population and Family Health and Director of the Program on Forced Migration and Health, Heilbrunn Center for Population and Family Health, and the Department of Epidemiology, Mailman School of Public Health of Columbia University, New York, NY 1998-2003.
Founded and directed the Program on Forced Migration and Health. Activities included post-graduate education, short-term training, and research. Responsible for establishing a Master of Public Health program with a concentration in public health in conflict-affected
2

Case 1:20-cv-00786 Document 1-12 Filed 03/21/20 Page 6 of 15
societies, refugee health, health aspects of humanitarian assistance, and post-conflict rehabilitation of health systems.
Tsunami Relief: served as Emergency Coordinator for WHO in Aceh, Indonesia, December 2004-February 2005.
Technical Director, BASICS, Arlington, VA, 1993-1998.
Responsible for the coordination of all technical aspects of the largest international child health project of the United States Agency for International Development. Responsibilities included supervision of about twenty professional personnel working in immunization, diarrheal disease control, malaria control, control of acute respiratory infections, integrated management of the sick child, health care policy formulation and implementation, childhood nutrition, and long-term behavior change of caretakers and health care professionals. BASICS was active in more than twenty countries in Latin America, Africa, and Asia.
Democratic Republic of Congo: Seconded by CDC to serve as infectious diseases advisor for UNHCR, serving Rwandan refugees in N. and S. Kivu Provinces, July-August, 1994.
Coordinator, WHO Global Task Force on Cholera Control, World Health Organization, Division of Diarrheal and Acute Respiratory Disease Control, Geneva, Switzerland, 19911993.
Collaborated with WHO Regional Offices and with Member States in activities involving the planning, implementation, and evaluation of cholera control policies. Also responsible for coordination with other United Nations agencies, bilateral donors, and nongovernmental organizations. In conjunction with the Division Director, responsible for policy formation, development of activities, procurement of extra-budgetary funding, and implementation of country and regional programs for the control of cholera, dysentery, and other epidemic diarrheal diseases. Coordinated the writing, publication, and distribution of Guidelines for cholera control (World Health Organization, 1993) and Guidelines for the control of epidemics due to Shigella dysenteriae type 1 (WHO/CDR/95.4).
Medical Officer, World Health Organization, Division of Epidemiological Surveillance and Health Situation and Trend Analysis, Geneva, Switzerland, 1991-1992.
Responsible for country-oriented activities of the Programme of Intensified Action for Strengthening Epidemiological Capacities of Member States. In conjunction with other WHO programs, including the Expanded Program on Immunization and the Program for the Control of Diarrheal Diseases, served as facilitator in a number of inter-country workshops to improve the ability to use data derived from surveillance systems for improving health policy formulation and program management. At the request of the Emergency Relief Organization (now Health Action in Crises), developed an emergency health monitoring system for highly vulnerable populations of ex-Yugoslavia. Also served as Co-Secretary of the Task Force for Strengthening Epidemiological Capacities of the Children's Vaccine Initiative and as acting coordinator of the WHO Global Task Force on Cholera Control.
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Director, Division of Technical Support, and Assistant Director for Project Development, International Health Program Office, Centers for Disease Control and Prevention, Atlanta, Georgia, 1987-1991.
Responsible for supervising approximately twenty biomedical and social science professionals in international child survival activities including immunization, diarrheal disease control, malaria control, and the control of acute respiratory infections. Disciplines represented in the Division included epidemiology, health education, evaluation research, training, anthropology, and health economics. The Division provided technical assistance in these areas to other parts of CDC, other US government agencies, the World Health Organization, Ministries of Health of foreign governments, and private voluntary organizations. Most of the work by the Division was in support of the USAID-funded Combating Childhood Communicable Diseases project (CCCD).
N. Iraq, displacement of Kurdish population: In 1991, in conjunction the military activity Operation Provide Comfort, coordinated public health services on behalf of USAID.
Coordinator of Diarrheal Disease Control Activities, Centers for Disease Control, International Health Program Office, Atlanta, Georgia, 1985-1987.
Field Epidemiologist, Centers for Disease Control, International Health Program Office, Atlanta, GA, 1983-1985.
Served as consultant (based in Abidjan, Cote d'lvoire) in sixteen West African countries on health information systems, operational research, and EPI and CDD program planning, implementation and evaluation. Conducted surveys on various aspects of EPI, CDD, and malaria control programs, including childhood mortality and morbidity, use of health service, and prevailing health practices.
Staff Epidemiologist, Centers for Disease Control, International Health Program Office, GA, 1983-1985.
Made multiple visits to African countries to review aspects of public health interventions aimed at reducing infant and child mortality. Worked closely with officials of USAID to develop bilateral health care projects and to negotiate projects in Togo, Liberia, Guinea, and Cote d'lvoire.
Assisted with the formation of, and was subsequently assigned to, the Refugee Health Unit, Ministry of Health, Somali Democratic Republic as epidemiology consultant (resident, and multiple visits, 1980-1985). Conducted baseline mortality, morbidity and nutrition surveys aimed at establishing priorities for intervention; provided technical support and direction to a large (1,000,000 population) refugee health program, including design and implementation of the surveillance system, training or professional health staff and community health workers, and advising on control of communicable diseases.
Epidemic Intelligence Service (EIS Officer), Centers for Disease Control, Epidemiology Program Office, Atlanta, GA, (assigned to the Michigan Department of Public Health), 1979-1980.
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Major projects included two case-control studies that identified aspirin as a major risk factor for the development of Reye Syndrome; investigation and control of outbreaks of acute disseminated histoplasmosis, eastern equine encephalitis, and multiple food-borne outbreaks of various etiologies.
Somalia, refugee relief: was instrumental in describing epidemiological situation of Somali-ethnic Ethiopian refugees throughout Somalia and for designing and implementing appropriate public health interventions. Worked with Ministry of Health and National Refugee Commission to establish Refugee Health Unit and served as senior advisor to it, first in-residence (1979-81) and then periodically (1981-85).
Internship and one year of residency in internal medicine (Board eligible), Highland Hospital, Rochester, NY, 1976-1978.
Medical Epidemiologist, World Health Organization, Smallpox Eradication Program, Geneva, Switzerland, 1975-1976.
Assigned to two rural areas, later to four urban areas, of Bangladesh. Responsibilities included surveillance, detection of cases of smallpox, containment and control, eventually total interruption of transmission within assigned areas, leading to smallpox eradication.
LANGUAGES
French: Fluent speaking, reading, writing
PUBLICATIONS
Colón-Ramos U, Roess AA, Robien K, Marghella PD, Waldman RJ, Merrigan KA. Foods distributed during Federal disaster relief response in Puerto Rico after Hurricane Maria did not fully meet Federalnutrition recommendations. J Acad Nutr Diet. 2019 Jun 11.
Jabbour S, Fouad FM, Leaning J et al. Death and suffering in Eastern Ghouta, Syria: a call for action to protect civilians and health care. Lancet 2018;391(10123);815-817.
Asgary R and Waldman RJ. The elephant in the room: toward a more ethical approach with accountability toward intended beneficiaries in humanitarian aid. Int Health 2017 Nov 1;9(6):343-348.
Yamey G, Schaferhoff M, Aars OK,… Waldman R, et al. Financing of international collective action for epidemic and pandemic preparedness. Lancet Glob Health. 2017 Aug;5(8)e742-e744.
Waldman RJ, Toole MJ. Where is the science in humanitarian health? Lancet 2017 Jun 7. doi: 10.1016/S0140-6736(17)31275-8.
Checchi F, Waldman RJ, Roberts LF, et al. World Health Organization and emergency health: if not now, when? BMJ 2016;352:i469 Jan 28
Waldman R, Nieburg P. Thoughts on alternative designs for clinical trials for Ebola treatment research. Am J Bioeth. 2015;15(4):38-40.
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Waldman RJ, Newbrander W. Afghanistan’s health system: moving forward in challenging circumstances, 2002-2013. Glob Public Health. 2014;;9 Suppl 1:S1-5.
Kucharski, A.J., Camacho, A., Checchi, F., Waldman, R., Grais, R.F., Cabrol, J.C., Briand, S., Baguelin, M., Flasche, S., Funk, S. and Edmunds, W.J. Evaluation of the Benefits and Risks of Introducing Ebola Community Care Centers, Sierra Leone. Emerging Infectious Diseases 2014; 21.
Moodley K, Hardie K, Selgelid MJ, Waldman RJ, et al. Ethical considerations for vaccination programmes in acute humanitarian emergencies. Bull World Health Organ. 2013 Apr 1;91(4):290-97.
Shelton JD, Waldman RJ. A journal for global health programming. Glob Health Sci Praact. 2013 Mar 21;1(1):3-4
Waldman RJ, Mintz ED, Papowitz HE. The cure for cholera—improving access to safe water and sanitation. N Engl J Med. 2013 Feb 14;368(7):592-4.
Newbrander W, Waldman R, Shepherd-Banigan M. Rebuilding and strengthening health systems and providing basic health services in fragile states. Disasters. 2011 Oct;35(4):639-60.
Kruk ME, Freedman LP, Anglin GA, Waldman RJ. Rebuilding health systems to improve health and promote statebuilding in post-conflict countries: a theoretical framework and research agenda. Soc Sci Med. 2010 Jan;70(1):89-97
Aceh Epidemiology Group. Outbreak of tetanus cases following the tsunami in Aceh Province, Indonesia. Glob Public Health. 2006;1(2):173-77.
Waldman R. Editorial. Glob Public Health. 2006;1(2):121-24.
Brennan R, Waldman RJ. The South Asian Earthquake Six Months Later – an Ongoing Crisis. New England Journal of Medicine 2006, Apr 27;354(17):1769-71.
Waldman RJ. Responding to catastrophes: a public health perspective. Chicago J Intl Law. 2006; 6:553-79.
Waldman R. The next two issues of Global Public Health are devoted to articles related to public health in both natural and man-made emergencies. Glob Public Health. 2006;1(2):121-4.
Nieburg PI, Waldman RJ, Krumm DM. Evacuated populations – lessons from foreign refugee crises. New England Journal of Medicine 2005;353:1547-48.
Waldman R. What Have We Learned? Filling Gaps in Available Services. Prehosp Disaster Med 2005 Nov-Dec;20(6):475-9.
Sundnes KO, Sannerkvist M, Hedger P,…Waldman R. Private commercial sector partnerships for health action in crises. Prehosp Disaster Med 2005 Nov-Dec;20(6):45963.
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Waldman RJ. First footsteps in tsunamiland. Emergency Medicine Australasia 2005;17:299-300.
Waldman RJ. Public Health in War – Pursuing the Impossible. Harvard International Review 2005; 27(1).
Freedman LP, Waldman RJ, de Pinho H, et al. Transforming health systems to improve the lives of women and children. Lancet 2005 Mar 12-18;365(9463):997-1000.
Freedman LP, Waldman RJ, De Pinho H et al. Who’s Got the Power? Transforming Health Systems to Improve the Lives of Women and Children. UN Millennium Project Task Force on Child Health and Maternal Health. New York, January 2005.
Waldman R. What have we learned? Filling gaps in available services. Prehosp Disaster Med 2005 Nov-Dec;20(6):475-9.
Ahern J, Galea S, Fernandez WG, Koci B, Waldman R, Vlahov D. Gender, social support and posttraumatic stress in postwar Kosovo. J Nerv Ment Dis 2004;192:762-770.
Salama P, Spiegel P, Talley L, Waldman R. Lessons learned from complex emergencies over the past decade. Lancet 364:1801-1813, 13 Nov 13, 2004.
Fernandez WG, Galea S, Ahern J, Koci B, Waldman RJ,Vlahov D. Mental health status among ethnic Albanians seeking medical care in an emergency department two years after the war in Kosovo: a pilot project. Ann Emerg Med. 2004 Feb;43(2):E1-8.
Van Dyke M, Waldman RJ. The Sphere Project – an evaluation. January 2004. Available at www.sphereproject.org
Waldman, RJ. Rebuilding health services after conflict: lessons from East Timor and Afghanistan. Humanitarian Exchange, 24:25-27. Overseas Development Institute, London July 2003.
Benjamin ER, Clements C, McCally M, Pellett PL, VanRooyen MJ, Waldman RJ. The humanitarian cost of a war in Iraq. Lancet 361(9360):874, Mar 8, 2003.
Iacopino V, Frank MW, Bauer HM, Keller AS, Fink SL, Ford D, Pallin DJ, Waldman RJ. A Population-Based Assessment of Human Rights Abuses Committed Against Ethnic Albanian Refugees from Kosovo. American Journal of Public Health. 91: 2013-2018, December 2001.
Waldman RJ. Public Health in Times of War and Famine: What can be done? What should be done? JAMA. 289(5): 588-590, August 1, 2001.
Waldman RJ, Williams HA. Public Health in Complex Emergencies: Toward a more integrated science. National Association for the Practicing Anthropologist. 21: 89-115, 2001.
Waldman RJ. Prioritising health care in complex emergencies. Lancet 357:1427-1429, May 5, 2001.
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Keely CB, Reed, HE, and Waldman RJ. Understanding Mortality Patterns in Complex Humanitarian Emergencies. In Reed HE and Keely CB, eds. Forced Migration and Mortality. A Report of the National Research Council. National Academy Press, Washington, DC, 2001.
Toole MJ, Waldman RJ, Zwi AB. Complex Humanitarian Emergencies. Chapter 9, in Merson, Black and Mills, eds. International Public Health: Diseases, Programs, Systems, and Policies. Aspen Publishers, Gaithersburg, MD, 2001, pp. 439-510.
Claeson M, Waldman RJ. The evolution of child health programmes in developing countries: from targeting diseases to targeting people. Bulletin of the World Health Organization, 2000 78(10): 1234-1245.
Kushner A, Cobey J, with the assistance of Waldman RJ, Burnham G, Krug E. Landmine Incidents and Injuries and the Capacity to Provide Care. Physicians for Human Rights, Boston, MA. 2000.
Waldman RJ, Martone G. Public Health and Complex Emergencies: New Issues, New Conditions. American Journal of Public Health. 89(10): 1483-1485, October 1999.
Physicians for Human Rights and the Program on Forced Migration and Health of Columbia University. War Crimes in Kosovo: A Population-Based Assessment of Human Rights Violations Against Kosovar Albanians. August 1999.
Iacopino V, Waldman RJ. War and Health, from Solferino to Kosovo – The Evolving Role of Physicians. JAMA 282(5): 479-481, August 4, 1999.
Cookson S, Waldman R, Gushulak B et al. Immigrant and Refugee Health. J Emerg Inf Dis.4(3):427-8. Sep 1998
Murray J, McFarland DA, Waldman RJ. Cost-effectiveness of oral cholera vaccine in a stable refugee population at risk for epidemic cholera and in a population with endemic cholera. Bulletin of the World Health Organization 76(4): 343-352, 1998.
Waldman RJ. Cholera vaccination in refugee settings. JAMA 279:552-553, 1998.
Toole MJ, Waldman RJ. The Public Health Aspects of Complex Emergencies and Refugee Situations. American Review of Public Health 18: 283-312, 1997.
Swerdlow DL, Malenga G, Begkoyian G, Nyangulu D, Toole M, Waldman RJ, Puhr ND, Tauxe RV. Epidemic cholera among refugees in Malawi, Africa: Treatment and Transmission. Epidemiol Infect 118: 207-214, 1997.
Waldman RJ, Bartlett AV, Campbell CC, Steketee RW. Overcoming Barriers: The Pathway to Survival. BASICS, Child Survival Series, 1996.
Healing TD, Drysdale SF, Black ME, Buyers M, Acheson ED, Waldman RJ, Hall SM, Bartlett CLR. Monitoring Health in the War-Affected Areas of the Former Yugoslavia, 1992-93. European Journal of Public Health 6(4): 245-251, 1996.
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Goma Epidemiology Group. Public health impact of Rwandan refugee crisis: what happened in Goma, Zaire, in July, 1994? Lancet 345:339-44, February 11, 1995.
Swerdlow DL, Levine O. Toole MJ, Waldman RJ, Tauxe RV. Correction: Cholera control among Rwandan refugees in Zaire. Lancet 1302:266, November 5, 1995.
Kahn JG, Mokdad AH, Deming MS, Roungou JB, Boby AM, Excler JL, Waldman RJ. Avoiding missed opportunities for immunization in the Central African Republic: potential impact on vaccination coverage. Bull World Health Organ 73:47-55, 1995.
Brogan D, Flagg EW, Deming M, Waldman RJ. Increasing the accuracy of the Expanded Programme on Immunization's cluster survey design. Ann Epidemiol 4:302-11, July 1994.
Claeson M, Hogan RC, Torres A, Waldman RJ. Double think and double talk. World Health Forum 15:382-6, 1994.
Hatch DL, Waldman RJ, Lungu GW, Piri C. Epidemic cholera during refugee resettlement in Malawi. Int J Epidemiol 23: 1292-99, 1994.
Waldman RJ. A framework for survival: health human rights, and humanitarian assistance in conflicts and disasters. JAMA 270:646, August 4, 1993. (Book review)
Toole MJ, Waldman RJ. Refugees and displaced persons. War, hunger, and public health. JAMA 270:600-5, August 4, 1993.
Cutts FT, Waldman RJ, Zoffman HM. Surveillance for the Expanded Programme on Immunization. Bull World Health Organ 71:633-9, 1993.
Toole MJ, Malkki RM, Blake P, Lee L, Mast E, Nieburg P, Snider D, Sketee RW, Sutter R, Waldman RJ, Yip R. Famine-Affected, Refugees, and Displaced Populations: Recommendations for Public Health Issues. MMWR 41(RR-13): 1-76, July 1992.
Claeson M, Waldman RJ. In the time of cholera. Encyclopedia Britannica, Medical and Health Annual, 1992.
Waldman RJ. Public health surveillance on the world health agenda. Morb Mortal Wkly Rep 41 Suppl:201-5, December 1992.
Bryce J. Toole MJ, Waldman RJ, Voigt A. Assessing the quality of facility-based child survival services. Health Policy Plann 7:155-163, 1992.
Glass RI, Claeson M, Blake PA, Waldman RJ, Pierce NF. Cholera in Africa: lessons on transmission and control for Latin America. Lancet 338:791-5, Sepember 28, 1991.
Hatch DL, Vreuls RC, Toole MJ, Moteetee MM, Monoang I, Ngatane CM, Gittelman DM, Waldman RJ. The effective case management of childhood diarrhea with oral rehydration therapy in the Kingdom of Lesotho. Int J Epidemiol 19:1066-71, December 1990.
Toole MJ, Waldman RJ. Health problems in developing countries: an overview. Int Ophthalmol Clin 30:2-6, Winter 1990.
9

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Toole MJ, Waldman RJ. Priority health interventions in developing countries. Int Ophthalmol Clin 30:7-11, Winter 1990.
Toole MJ, Waldman RJ. Prevention of excess mortality in refugee and displaced populations in developing countries. JAMA 263:3296-302, 1990.
Redd S, Moteetee M, Waldman RJ. Diagnosis and management of acute respiratory infections in Lesotho. Health Policy Plann 5:255-260, 1990.
Dabis F, Waldman RJ, Deming M. Re: 'The epidemiology of measles in a partially vaccinated population in an African City: Implications for immunization programs' (I: Reply). Am J Epidemiol 132:193-194, 1990.
Cliff J, Cutts F, Waldman RJ. Using surveys in Mozambique for evaluation of diarrheal disease control. Health Policy Plann 5:219-225, 1990.
Moore PS, Toole MJ, Nieburg P. Waldman RJ, Broome CV. Surveillance and control of meningococcal meningitis epidemics in refugee populations. Bull World Health Organ 68: 587-96, 1990.
Toole MJ, Nieburg P, Waldman RJ, Person-Karell B. Adequacy of refugee relief rations (letter, comment). Lancet 2:268, July 29, 1989.
Rieder HL, Snider DE Jr, Toole MJ, Waldman RJ, Leowski J, ten Dam HG, Styblo K, Gabaudan M, Tailhades M. Tuberculosis control in refugee settlements. Tubercle 70:12734, Jun 1989.
Dabis F. Waldman RJ, Mann GF, Commenges D, Madzou G, Jones TS. Loss of maternal measles antibody during infancy in an African city. Int J Epidemiol 18:264-8, Mar 1989.
Toole MJ, Steketee RW, Waldman RJ, Nieburg P. Measles prevention and control in emergency settings. Bull World Health Organ 67:381-8, 1989.
Griffin PM, Ryan CA, Nyaphisi M, Hargrett-Bean N. Waldman RJ, Blake PA. Risk factors for fatal diarrhea: a case-control study of African children. Am J Epidemiol 128: 1322-9, December 1988.
Toole MJ, Nieburg P, Waldman RJ. The association between inadequate rations, undernutrition prevalence, and mortality in refugee camps: case studies of refugee populations in eastern Thailand, 1979-1980, and eastern Sudan, 1984-1985. J Trop Pediatr 34:218-24, October 1988.
Dabis F, Sow A, Waldman RJ, Bikakouri P, Senga J, Madzou G, Jones TS. The epidemiology of measles in a partially vaccinated population in an African city: implications for immunization programs. Am J Epidemiol 127:171-8, January 1988.
Nieburg P, Waldman RJ, Leavell R, Sommer A, DeMaeyer EM. Vitamin A supplementation for refugees and famine victims. Bull World Health Organ 66:689-97, 1988.
10

Case 1:20-cv-00786 Document 1-12 Filed 03/21/20 Page 14 of 15
Toole MJ, Waldman RJ. An analysis of mortality trends among refugee populations in Somalia, Sudan, and Thailand. Bull World Health Organ 66:237-47, 1988.
Dabis F, Roisin A, Breman JG, Helal A, Waldman RJ. Improper practices for diarrhoea treatment in Africa. Trans R Soc Trop Med Hyg 82:935-6, 1988.
Waldman RJ, England AC, Tauxe R, Kline T, Weeks RJ, Ajello L, Kaufman L, Wentworth B, Fraser DW. A winter outbreak of acute histoplasmosis in northern Michigan. Am J Epidemiol 117:68-75, January 1983.
Grimstad PR, Shabino CL, Calisher CH, Waldman RJ. A case of encephalitis in a human associated with a serologic rise to Jamestown Canyon virus. Am J Trop Med Hyg 31:1238-44, November 1982.
Waldman RJ, Hall WN, McGee H, Van Amburg G. Aspirin as a risk factor in Reye's syndrome. JAMA 247:3089-94, June 11, 1982.
Blaser MJ, Waldman RJ, Barrett T, Erlandson AL. Outbreaks of Campylobacter enteritis in two extended families: evidence for person-to-person transmission. J Pediatr 98:254-7, February 1981.
APPOINTMENTS
President, Board of Directors and Executive Committee, Doctors of the World--USA 2014present
Board of Overseers, International Rescue Committee, 2005-2018
Associate Editor, Journal of Global Public Health (peer-review journal), 2005-present
Editorial Board, Disasters (peer-review journal), 2003-present
Board of Directors, Physicians for Human Rights, 2004-2010
Health Unit Advisory Board, International Rescue Committee, 2000-present
Associate of the International Health Unit, Burnet Centre for Medical Research and Public Health, Melbourne, Australia, 2000-present
Scientific Advisory Committee, Action Against Hunger, 1999-2003
Co-coordinator, Task Force #4 – Child Health and Maternal Health, UN Millennium Project, 2003-2005
Co-chairman, Global Health Council Annual Conference, "Global Health in Times of Crisis", 2002
Past Chairman, International Health Section, American Public Health Association.
Program Committee, Doctors of the World--USA, 1999-2005.
11

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Roundtable on the Demography of Forced Migration, Committee on Population, National Academy of Sciences, 1999-2005
12

Case 1:20-cv-00786 Document 1-13 Filed 03/21/20 Page 1 of 22
DECLARATION OF DR. JULIE DEAUN GRAVES
I, Julie DeAun Graves, declare as follows:
1. I am Associate Director of Clinical Services at Nurx, a practicing physician with board certification in Family Medicine, and I am a public health physician, previously serving as Medical Director for the Texas Department of State Health Services for the Houston region, as Medical Services Coordinator for the Texas Department of Aging and Disability Services, and as a medical consultant to the Texas Medical Board. I managed the H1N1 influenza outbreak for the Texas State Supported Living Centers and oversaw public health efforts for the Houston region (population 7 million) for Ebola virus, Zika virus, West Nile virus, highly pathogenic avian influenza, tuberculosis outbreaks, and natural disasters. I obtained my medical degree and completed a surgical internship then family medicine residency at the University of Texas Southwestern Medical School in Dallas, Texas. I earned a Master’s degree in Public Health and a Doctor of Philosophy in Management, Policy, and Statistics at the University of Texas School of Public Health. I have practiced family medicine and public health since 1989, and in 2018-2019 I was Associate Professor and Vice-Chair for Education at Georgetown University School of Medicine. I attach a copy of my curriculum vitae.
2. COVID-19 is an illness caused by the SARS-CoV-2 virus, which is a coronavirus that was first detected in humans during the outbreak (now a pandemic) we are experiencing now. The Centers for Disease Control and Prevention reports that as of March 18, 2020 at noon, there are 7,038 cases in the United States, with some cases reported in every state in the US, and there are 97 deaths so far. The Texas Department of State Health Services reports 83 cases and two deaths as of March 18, 2020. The U.S. and Texas are in the early stages of the pandemic, and because there has been insufficient testing for cases, the reported cases numbers are low despite the high probability that there are many more infected individuals in the population. Spread is faster and more dangerous when people are in close quarters. People must maintain distance from others of six feet or more to reduce spread of the virus from person to person.
3. People with health conditions such as diabetes, asthma, emphysema, heart disease, kidney disease, pregnancy, cancer, HIV, and autoimmune diseases like lupus and rheumatoid arthritis are at higher risk for severe illness, complications, and death from COVID-19. People over age 60 have higher death rates, but severe cases of illness and deaths are reported in people of all ages. The ratio of cases of COVID-19 to deaths from this illness is much higher than for other contagious diseases like influenza.

Case 1:20-cv-00786 Document 1-13 Filed 03/21/20 Page 2 of 22
4. The SARS-CoV-2 virus damages the lung tissue, which means that even those who recover need prolonged medical care and rehabilitation. They are likely to have permanent disability from loss of lung capacity. The heart itself can be infected, and kidneys and the nervous system can also be impacted and damaged permanently.
5. There is no vaccine and no treatment for COVID-19. We only have prevention as a tool to stop the pandemic. If we don’t move people out of congregate settings, most of them plus the staff who work with them will become infected, and many will die or have permanent disability. People must be in small family groups and should distance 6-10 feet from anyone not in their family group. People should not be in large buildings full of many people, and people must practice thorough hand washing. If we don’t do these two steps – distancing and hand washing – the pandemic will not end.
6. COVID-19 is transmitted from person to person by breathing in air that contains the droplets they’ve coughed or the virus they’ve shed, or by touching a surface with the virus on it, unless there is full personal protective equipment: mask, gloves, gown, plus thorough handwashing before putting on the equipment and after removing it.
7. As Medical Director for the Texas Department of State Health Services Houston region, I collaborated with the Department of Health and Human Services during disease outbreaks among children who were held in facilities in central and south Texas. I am familiar with these facilities and the conditions faced by people held and by those who work there. In August of 2019 I volunteered with a Catholic Charities facility in Laredo, Texas and provided medical care to people just released from detention in Customs and Border Patrol facilities. I observed the ill health, exhaustion, and malnutrition evident in these people. Additionally, because of my work as Medical Services Coordinator for the Texas Department of Aging and Disability Services overseeing health care in the State Supported Living Centers, which are congregate living settings, I am familiar with the risks to residents and staff of any infectious disease, and particularly those with high infectivity, such as this coronavirus SARS-CoV-2.
8. I have read and analyzed the March 18, 2020 Immigration and Customs Enforcement documentation found at https://www.ice.gov/covid19. The guidance regarding personal protective equipment is insufficient to maintain the health and safety of the people held and those who work in these facilities. The document states that Immigration and Customs Enforcement follows guidance from the Centers for Disease Control and Prevention regarding masks and other personal protective equipment. The Centers for Disease Control and Prevention guidance includes using bandanas, scarves, and other home-made protection when sufficient masks are not available. Unless every person with any respiratory symptoms and all workers who are in contact with more than one detainee are wearing properly fit-tested N-95 masks, they are not protected from spread of this

Case 1:20-cv-00786 Document 1-13 Filed 03/21/20 Page 3 of 22
coronavirus SARS-CoV-2. Additionally, the Immigration and Customs Enforcement does not discuss the transmission of SARS-CoV-2 on surfaces. This virus can live and be infectious on surfaces for up to 10 days. There is no guidance in the document about use of surface cleaning agents and any strategies for containing spread by touching of surfaces, nor is there mandate for wearing protective gloves.
9. The March 18, 2020 Immigration and Customs Enforcement documentation states that there are no confirmed cases of COVID-19 in Immigration and Customs Enforcement facilities. However, there is no evidence that any testing for this virus has been performed. There cannot be confirmed cases without testing. The risk is very high that there are indeed unconfirmed cases in these facilities, and that detainees are not being provided with appropriate testing. This guidance document notes that new detainees are screened for risk of COVID-19. However, we are now in a pandemic, and all are at risk. Plus, detainees enter an area of risk when they enter a facility. Detainees who meet risk criteria are housed separately from others, but they are not quarantined alone, but instead held in groups. This does not meet quarantine standards. Also, the document notes that symptomatic detainees are transported to medical appointments with only a mask. This is insufficient. The masks should be N-95, and a thorough fit testing must be performed in order for this N-95 to protect others from an ill person’s respiratory secretions. No protective equipment to prevent transmission from surfaces is in place. Those detainees who are transported out of the United States by airplane have not been tested for SARSCoV-19 and are not transported in appropriate personal protective equipment.
10. Proper procedure in Immigration and Customs Enforcement facilities should be that all detainees and staff practice social distancing as delineated by the Centers for Disease Control and Prevention. Only family groups should be in a space that is sealed off from others, and these groups should maintain distance of at least six feet from other persons. All detainees should be informed about safety protocols and proper hand washing procedures and frequency and monitored to ensure that they are following these protocols and procedures.
11. Even if all of the recommendations made by Immigration and Customs Enforcement and that I have provided are followed, the conditions of detention are such that the detained families would still be at high risk. Because this virus is transmitted through droplets, through the air, and on surfaces, and because people who do not have symptoms but are infected transmit the virus to others, even one infected person in a facility, either a detainee or a staff member, can infect the majority of people in the facility. This is worsened by the crowded conditions in the facilities.
12. For the reasons above, in order to contain the unchecked spread of the COVID-19 virus, we must relocate as many people as possible out of institutional settings. This would also

Case 1:20-cv-00786 Document 1-13 Filed 03/21/20 Page 4 of 22
include civil immigration detention centers. If we do not take steps to permit people to practice social distancing in small family units, these institutional centers will become sites of massive numbers of COVID-19 cases placing both people held there as well as those who work there at high risk of infection with the SARS-CoV-2 virus. Based on indications from countries around the world, many will develop COVID-19 illness with seriousness and sequelae ranging from mild illness to permanent disability to death. Pursuant to 28 U.S.C. 1746, I declare under penalty of perjury that the foregoing is true and correct. Executed this 20th day in March 2020, in North Bay Village, Florida.
____________________ Dr. Julie DeAun Graves

Case 1:20-cv-00786 Document 1-13 Filed 03/21/20 Page 5 of 22
Julie D. Graves, M.D., M.P.H., Ph.D., F.A.A.F.P. Current positions: Family medicine and public health physician in private practice Associate Director of Clinical Services, Nurx
Education: 06/1979 Bachelor of Arts, Rice University, Houston, Texas Majors: Biology, Health and Physical Education 06/1983 Doctor of Medicine The University of Texas Southwestern Medical School, Dallas, Texas 12/1992 Master of Public Health The University of Texas Health Science Center (UTHealth) School of Public Health, Houston, Texas Concentration: Health Services Organizations Thesis: Preferences for Perinatal Health Decisions: A Critical Appraisal 12/2011 Doctor of Philosophy The University of Texas Health Science Center (UTHealth) School of Public Health, Houston, Texas Division of Management, Policy, and Community Health Major: Health Policy Minors: Management, Biostatistics Dissertation: Analysis of Policy Issues Surrounding the Electronic Medical Record Medical licensure:
State: Texas License No: G5110 Initial Date: 08/23/1983 Renewal/Expiration Date: 02/28/2020
State: Wisconsin License No: 53273 Initial Date: 06/23/2009 Renewal/Expiration Date: 10/31/2021

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State: Alabama License No: 12408 Initial Date: 10/22/1985 Renewal/Expiration Date: 12/31/1986
State: Nebraska License No: TX-G5110 Initial Date: 07/20/1985 Renewal/Expiration Date: 07/26/1985
State: Florida License No: ME134326 Initial Date: 10/25/2017 Renewal/Expiration Date: 01/31/2022
State: District of Columbia License No: MD045899 Initial Date: 02/26/2018 Renewal/Expiration Date: 12/31/2020
State: Maryland License No: D84791 Initial Date: 02/16/2018 Renewal/Expiration Date: 09/30/2020

Case 1:20-cv-00786 Document 1-13 Filed 03/21/20 Page 7 of 22
Certifications:
American Board of Family Medicine: Certificate Number 1070893973
Date certified: 07/1989 Dates of Re-certification: Jul 14, 1989 - Jul 13, 1995 Jul 14, 1995 - Jul 12, 2001 Jul 13, 2001 - Aug 01, 2008 Aug 02, 2008 - Apr 09, 2017 Apr 10, 2017 -12/2027
Advanced Cardiac Life Support 5/1983-12/94, 01/1997-12/2001, 01/2003-12/2018
Advanced Trauma Life Support 01/2003-12/2019
Pediatric Advanced Life Support 01/2004-12/2017
Languages Spoken English – mother tongue Spanish – basic medical German – basic
Previous Academic Appointments and Activities
03/2018-03/2019 Vice-Chair for Education, Department of Family Medicine, Georgetown University School of Medicine
05/2017-12/2017 Associate Professor of Epidemiology, University of Medicine and Health Sciences, St. Kitts and Nevis
06/2015-08/2019 Adjunct Associate Professor of Management, Policy, and Community Health, The University of Texas Health Science Center (UTHealth) School of Public Health
Lecturer: PH 3620, Principles and Practice of Public Health Lecturer: PH 5220, Gender and Leadership
Preceptor: Occupational Medicine Residency program
Dissertation Committee member: PhD student Stella Okoroafor, MD, MPH (in process)

Case 1:20-cv-00786 Document 1-13 Filed 03/21/20 Page 8 of 22
06/2015-05/17 Faculty, Texas Department of State Health Services Preventive Medicine Residency program
Infectious Diseases and Chronic Disease Preventive Lectures Series Coordinator
06/2014 Visiting Faculty, Tanzania Training Center for International Health
03/2013-08/2014 Associate Professor of Behavioral and Clinical Medicine and Public Health, University of Sint Eustatius School of Medicine
Course director: Epidemiology, Medical Ethics, Biostatistics
09/2012-08/2013 Adjunct Assistant Professor of Epidemiology, The University of Texas Health Science Center (UTHealth) School of Public Health
Dissertation Committee Member, DrPH student Christina Socias (completed)
Associate Professor of Behavioral and Clinical Medicine, American University of the Caribbean School of Medicine, Sint Maarten
Course director and principal faculty, Medical Ethics
Faculty, Introduction to Clinical Medicine
01/2012-09/2012 Assistant Professor of Family and Community Medicine, The University of Texas Health Science Center at San Antonio, Texas
06/2009-08/2009 Graduate Teaching Assistant, The University of Texas Health Science Center (UTHealth) School of Public Health
PH 3620 Principles and Practice of Public Health (on-line course)
11/2002-05/2005 Faculty physician, Austin Medical Education Programs, Family Medicine residency program, Austin, Texas
01/1995-12/1999 Clinical Assistant Professor of Family Medicine, Texas A&M University Brazos Valley Family Medicine residency program, College Station, Texas

Case 1:20-cv-00786 Document 1-13 Filed 03/21/20 Page 9 of 22
11/1992-05/1995 Clinical Assistant Professor of Family Medicine, Baylor College of Medicine, Houston, Texas
Obstetrics fellowship co-coordinator
08/1989-08/1991 Assistant Professor of Family and Community Medicine, The University of Texas Houston Health Science Center
Founding course director, Family Medicine Clinical Clerkship
Co-author, HRSA Primary care training grant
Research Activities
01/2012-09/2012 ReACH Scholar, Center for Research to Advance Community Health, University of Texas Health Science Center at San Antonio Project: Quality assurance using electronic health records Principle Investigator: Barbara J. Turner, MD, MSED, MSCP Internal funding.
01/2007-12/-2009 Research Associate, Health Policy Institute, University of Texas School of Public Health Projects: Translational research applications of public policy analysis; Food oases Principle investigators: Stephen Linder, PhD and Eduardo Sanchez, MD, MPH Internal funding
01/1991-12/1992 Research Associate, Center for Health Policy Studies, University of Texas School of Public Health Project: Health manpower analysis for primary care in Texas Principle investigators: Virginia Kennedy, PhD and Frank Moore, PhD Funding: Texas Higher Education Coordinating Board
08/1989-08/1991 Project staff, University of Texas Houston Health Science Center Project: Cholesterol reduction with high rice fiber diets Principle investigator: Mark E. Clasen, MD, PhD Funding: National Rice Council
09/1988-06/1989 Principle investigator, McLennan County Medical Education and Research Foundation Project: Obstetrical Practice by Texas Family Physicians Funding: Texas Higher Education Coordinating Board

Case 1:20-cv-00786 Document 1-13 Filed 03/21/20 Page 10 of 22
Governmental Public Health Practice
06/2017-3/2019 Consultant to Ministry of Health, St. Kitts and Nevis, for disaster preparedness and cannabis health effects
02/2015-05/2017 Regional Medical Director, Texas Department of State Health Services, Health Services Region 6/5S (Houston area, population 7 million)
01/2009-12/2011 Medical consultant, Texas Medicaid Office of Inspector General, Austin, Texas
01/2005-12/2012 Quality monitor and investigator, Texas Medical Board, Austin, Texas
09/2009-05/2011 Medical Services Coordinator for State Supported Living Centers, Texas Department of Aging and Disability Services, Texas (statewide)
Member, Institutional Review Board
05/2001-22/2002 Medical Consultant, Texas Department of Health, Children’s Health and Infectious Disease Epidemiology and Surveillance, Austin, Texas (statewide)
Chair, Institutional Review Board, Texas Department of Health
06/1995-12/1999 Educational consultant, Texas WIC (Women, Infants, and Children) nutrition program
01/1994-12/1995 Utilization Review Physician, Lone Star Texas Medicaid managed care program
Clinical Experience
04/2005-02/2015 and 06/2017 – 3/2018 Private practice of family, hospitalist, and emergency medicine, Texas, Sint Maarten, Croatia, Carnival Cruises
09/2005 - 11/2005 Emergency Room Physician, U.S. Army MEDDAC, Wuerzburg, Germany Combat Support Hospital
01/2000-12/2001 Medical Director, Mother's Milk Bank at Austin (volunteer, co-founder)

Case 1:20-cv-00786 Document 1-13 Filed 03/21/20 Page 11 of 22
09/1991-08/1992 Family physician, University of Houston student health service
09/1988-06/1989 Fellowship in Faculty Development, McClennan County Medical Education Research Foundation, Waco, Texas
06/1986-09/1988 Residency in Family Medicine, St. Paul Medical Center, Dallas, Texas
06/1985-05/1986 Locum tenens primary care and emergency medicine physician, CompHealth, Inc., Florida, Alabama, Nebraska, Texas
07/1984-05/1985 Residency training in Anesthesiology, University of Florida Shands Hospital, Gainesville, Florida
07/1983-06/1984 Internship in General Surgery, Parkland Memorial Hospital, Dallas, Texas
Private Sector
01/2009-12/2012 Principal, InGenius Strategies, LLC (health information technology consulting)
01/2005-12/2009 Consultant, Texas Medical Foundation Health Quality Institute (Medicare Quality Improvement Organization for Texas)
05/2005-08/2009 Chief Medical Officer, Practice IT, LLC (health information technology vendor)
01/1995-12/1996 Public policy advocacy, Texas Tobacco Education Project
Honors and Awards:
Outstanding Faculty, Texas Department of State Health Services Preventive Medicine Residency, 06/2017
Team Spirit Award, Texas Department of Health, 11/2002
C. Frank Webber Award for Excellence in Oncology, M.D. Anderson Cancer Center and the Texas Academy of Family Physicians, 05/1998
Fellow of the American Academy of Family Physicians, granted 09/1996

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Bibliography
Textbook chapters
1. Moy, Julie Graves. “Cardiac Arrest”, in Swanson’s Family Practice Review, 6th Edition. Philadelphia: Elsevier Mosby, 2008.
2. Moy, Julie Graves. “Advanced Trauma Life Support”, in Swanson’s Family Practice Review, 6th Edition. Philadelphia: Elsevier Mosby, 2008.
3. Moy, Julie Graves. “Domestic Violence”, in Swanson’s Family Practice Review, 6th Edition. Philadelphia: Elsevier Mosby, 2008.
4. Moy, Julie Graves. “The Limping Child”, in Swanson’s Family Practice Review, 6th Edition. Philadelphia: Elsevier Mosby, 2008.
5. Moy, Julie Graves. “Sickle Cell Anemia”, in Swanson’s Family Practice Review, 6th Edition. Philadelphia: Elsevier Mosby, 2008.
6. Moy, Julie Graves. “Lymphomas and Leukemias”, in Swanson’s Family Practice Review, 6th Edition. Philadelphia: Elsevier Mosby, 2008.
7. Moy, Julie Graves. “Common Problems in the Newborn”, in Swanson’s Family Practice Review, 6th Edition. Philadelphia: Elsevier Mosby, 2008.
8. Moy, Julie Graves, Pfenninger, John. “Peripheral Nerve Blocks and Field Blocks,” in Pfenninger JL, Fowler GC (eds.). Procedures for Primary Care Physicians. St. Louis, Missouri: Mosby, 1994, 2002.
9. Moy, Julie Graves. “Induction of Labor,” in Rakel RE. Conn’s Current Therapy. WB Saunders, 1997.
10. Moy, Julie Graves. “Development of Clinical Guidelines,” in Mengel M, Fields S (eds.). Guide to Clinical Expertise. New York: Plenum Press, 1996.
11. Moy, Julie Graves. “Bites and Stings,” in Taylor RB (ed.). Family Medicine: Principles and Practice. New York: Springer-Verlag, 1994.
12. Moy, Julie Graves. “Nasogastric Tube and Salem Sump Insertion,” in Pfenninger JL, Fowler GC (eds.). Procedures for Primary Care Physicians. St. Louis, Missouri: Mosby, 1994.
13. Moy, Julie Graves. “Informed Consent,” in Pfenninger JL, Fowler GC (eds.). Procedures for Primary Care Physicians. St. Louis, Missouri, Mosby, 1994.
14. Duiker SS, Moy, Julie Graves. “Dyspareunia,” in Griffith HW, Dambro M (eds.). The FiveMinute Clinical Consult. Philadelphia: Lea and Febiger, 1993 – 1997.

Case 1:20-cv-00786 Document 1-13 Filed 03/21/20 Page 13 of 22
15. Moy, Julie Graves, Duiker, SS. “Sexual Dysfunction in Women”, in Griffith HW, Dambro M (eds.). The Five-Minute Clinical Consult. Philadelphia: Lea and Febiger, 1993, 1994, 1995.
16. Duiker SS, Moy, Julie Graves. “Community Intervention Strategies in Preventive Cardiology,” in Fuentes F (ed.). Preventive Cardiology Computer Modules, Houston: University of Texas Houston Health Science Center, 1991.
Peer-reviewed publications
1. Nguyen DT, Teeter LD, Graves J, Graviss EA. Characteristics Associated with Negative Interferonγ Release Assay Results in Culture-Confirmed Tuberculosis Patients, Texas, USA, 2013–2015. Emerging Infectious Diseases. Volume 24, Number 3—March 2018.
2. Liu EL, Morshedi B, Miller BL, Isaacs SM, Fowler RL, Chung W, Blum R, Ward B, Carlo J, Hennes H, WEbseter F, Perl T, Noah C, Monaghan R, Tran AH, Benitez F, Graves J, Kibbey C, Kelin KR, Swienton RE. Dallas MegaShelter Medical Operations Response to Hurricane Harvey. Disaster Medicine and Public Health Preparedness. 2017 Dec 6:1-4.
3. Wiseman R, Weil L, Lozano C, Johnson T, Jin S, Moorman AC, Foster MA, Mixcon-Hayden T, Khudyahov Y, Kuhar DT, Graves JG. Healthcare-associated Hepatitis A Outbreak, Texas, 2015. MMWR, April 29, 2016 / 65(16);425–426.
4. Socias C, Liang Y, Delclos G, Graves J, Hendrickson E, Cooper S. The Feasibility of Using Electronic Health Records to Describe Demographic and Clinical Indicators of Migrant and Seasonal Farmworkers. Journal of Agromedicine, 21:71-81, 2016.
5. Moy, Julie Graves. Texas State-wide Health Information Technology Policy in 2007: Regional and constituency-specific initiatives move forward, but risk failure without coordination and funding from state government. Texas Medicine 105(1):55-63, 2009.
6. Moy, Julie Graves. Spirometry in Urgent Care. Urgent Care, May 2007.
7. Holleman W, Holleman MC, Moy, Julie Graves. Continuity of Care and Ethics in Managed Care. Archives of Family Medicine, 1999;8.
8. Mullen PD, Pollack KI, Titus JP, Sockrider MM, Moy, Julie Graves. Smoking Cessation Practices of Texas Obstetricians. Birth, 1998; 25:25-30.
9. Roberts R, Bell H, Wall E, Moy, Julie Graves, Hess G, Bower G. Trial of Labor or Repeat Caesarean Section: The Woman’s Choice. Archives of Family Medicine. 1997;6:120-125.
10. Holleman W, Holleman MC, Moy, Julie Graves. Managed Care and Ethics: A Match Made in Heaven or Strange Bedfellows? The Lancet 1997; February 8.
11. Moy, Julie Graves, Realini JP. Guidelines for Preventive Therapy with Estrogen and Progesterone for Postmenopausal Women. Journal of the American Board of Family Practice 1993;6:153-162.

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12. Berg AO, Moy, Julie Graves. Policy Review: Guidelines for the Diagnosis and Treatment of Asthma. Journal of the American Board of Family Practice 1992;5:629-634.
13. Moy, Julie Graves, Clasen ME. The Patient with Gonococcal Infection. Primary Care 1990;17:5983.
14. McCraney, Julie Graves. The Status of Obstetrical Practice by Texas Family Physicians. Texas Medicine 1989;86:53-6.
Monographs, non-refereed publications, government reports, and published abstracts
1. Moy, Julie Graves, Sanchez E. Food Oases: A White Paper. University of Texas School of Public Health Institute for Health Policy. May 2008.
2. Moy, Julie Graves. Texas End-of-Life Care Law. Texas Medical Association, 2005.
3. Kaye CI, Cody JD, Canfield M, Martinez J, Van de Putte L, Moy, Julie Graves, Borg M, Stanley S, Wang J, Visio P. The Development of the Texas State Genetics Plan and a Plan for Integrated Data Infrastructure for Genetic Service. University of Texas Health Science Center at San Antonio and Texas Department of Health, 2002
4. Moy, Julie Graves. Medical Ethics and Professionalism. Texas Medical Association, February 1999, updated 2004.
5. Moy, Julie Graves. Family Physicians on the Internet. Texas Family Physician 1996, January/ February.
6. Moy, Julie Graves. Catastrophe Theory and Chaos: A Means to Understand What Happens in the Clinical Setting. North American Primary Care Research Group Annual Meeting, San Diego, California, November 1993. Abstract.
7. Grimes R, Brimlow D, Moy, Julie Graves. HIV/AIDS Interdisciplinary Clinical Preceptorships: Design, Implementation, and Evaluation. American Public Health Association, 1991. Abstract.
8. Grimes R, Moy, Julie Graves. Clinical Mini-Residency for Primary Care Medical School Faculty. AIDS Education and Training Centers Annual Meeting, San Francisco, California, December 14, 1991.
9. Moy, Julie Graves, Fowler GC. Sexually Transmitted Disease. Home Study Self-Assessment Program, number 149. American Academy of Family Physicians, October 1991.
10. Moy, Julie Graves. Impact of Medicare Reform upon Family Medicine Research. Society of Teachers of Family Medicine Research News 1990:3:1-3.
11. McCraney, Julie Graves. The Role of the Family Physician in the Management of Breastfeeding. Texas Family Physician 1989, May/June.

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12. McCraney, Julie Graves. The Resource-Based Relative Value Scale. Texas Family Physician 1989, March/April.
13. McCraney, Julie Graves. A Resident Considers AIDS. Texas Family Physician 1988, May/June.
Letters to the Editor
1. Moy, Julie Graves. Flu Season Offers Opportunities to Keep Patients Healthy and out of the Hospital. Travis County Medical Association Journal, 2003; 49:18-19.
2. Moy, Julie Graves. Putting babies “back to sleep”. Journal of the American Medical Association. 1999 March 17:281 (11): 983.
3. Moy, Julie Graves, Rourke J. Physician’s Breastfeeding Course in Texas. Academy of Breastfeeding Medicine News and Views 1996:2(1).
4. Moy, Julie Graves. Who Practices in the ER? Health Affairs. March 2008 27:2w84-w95.
Service on State and National Panels and Committees:
Health Policy Panel Membership
1. Texas Department of Health Panel on Infant Feeding (co-author, Texas Department of Health Position Statement on Infant Feeding) 1997
2. National Heritage Insurance Company Medical Affairs Committee on Pilot Managed Care Program for Texas Medicaid Program 1994
3. National Institutes of Health Consensus Panel on Treatment of Cervical Dysplasia, Bethesda System Classification Development Team (Report published in the Journal of the American Medical Association 1994: 271, Kurman et al.) 1994
4. Rand Corporation / Health Care Financing Administration Medicaid Necessity, Outcomes, and Appropriateness Study on Pediatric Asthma 1992
5. Texas Department of Human Services Physician Payment Advisory Committee 1990
6. March of Dimes National Committee on Perinatal Health (co-author, Toward Improving the Outcomes of Pregnancy, monograph published by March of Dimes, 1993)
7. Texas Department of Human Services Indigent Care Advisory Committee 1989

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Policy Reviews for American Academy of Family Physicians Task Force on Clinical Policies 1990-94
1. Agency for Health Care Policy and Research Pressure Sore Panel
2. National Heart, Lung, and Blood Institute Panel on Treatment of Asthma During Pregnancy and Lactation
3. National Heart, Lung, and Blood Institute Guidelines for the Diagnosis and Treatment of Asthma
4. American Academy of Ophthalmology Policy on Strabismus
5. Expert Panel on Preventive Services paper on Iron Supplementation During Pregnancy
6. Expert Panel on Preventive Services paper on Testing for D Isoimmunization in Pregnancy
7. American Academy of Pediatrics practice parameter on Treatment of Acute Asthma Exacerbation in Children
8. American Academy of Pediatrics practice parameter on Hyperbilirubinemia in the Newborn Service on Medical School Committees:
Member, Practice Council, The University of Texas Health Science Center (UTHealth) School of Public Health at Houston, 2014 -present
Member, Council on Education for Public Health (CEPH) Expanded Steering Committee, The University of Texas Health Science Center (UTHealth) School of Public Health at Houston, 2016.
Member, Curriculum Committee, The University of Texas Health Science Center Medical School, 1990
Vice-chair, Institutional Review Board, University of Medicine and Health Sciences, St. Kitts and Nevis, 2017

Editorial Review for Medical Journals:

2018-present Peer Reviewer, American Family Physician

2017-present Peer Reviewer, Texas Public Health Association Journal

2001-2016 Peer Reviewer, Journal of Family Practice

2010-2017 Peer Reviewer, Family Practice Management

1997

Peer Reviewer, Feminist Economics

Case 1:20-cv-00786 Document 1-13 Filed 03/21/20 Page 17 of 22
1995-1998 Editorial Review Board, Journal of Human Lactation
1994-1997 Peer Reviewer, American Family Physician
1993-2013 Peer Reviewer, Texas Medicine
1992-1997 Peer Reviewer, Archives of Family Medicine
1992-1995 Peer Reviewer, Family Medicine
1990-1993 Editorial Committee, Texas Medicine
1988-1989 Editor, Texas Family Physician “Resident Forum”
Presentations at Scientific Meetings:
1. Garrison R, Graves J. An Analysis of Barriers to Care for Patients Requiring Rabies Postexposure Prophylaxis in Texas Department of State Health Services Region 6/5S. Texas Public Health Association 93rd Annual Meeting. March 27, 2017, Fort Worth, Texas
2. Ramsey J, Mayes B, Graves J. Demographics of Child Fatality in Rural Southeast Texas. Texas Public Health Association 93rd Annual Meeting. March 27, 2017, Fort Worth, Texas (poster)
3. Jones R, Abrego D, Deeba R, Varghese C, LaBar C, Mayes B, Graves J. Public Health Prevention Needs for Domestic Minor Sex Trafficking in Rural Southeast Texas Counties. Texas Public Health Association 93rd Annual Meeting. March 27, 2017, Fort Worth, Texas
4. Graves J. Vector-borne Disease Public Policy. South Texas Tropical Medicine and Vector Borne Disease conference. February 24, 2017. South Padre Island, Texas
5. Martinez D, Jin S, Milligan S, Haynie A, Arenare B, Wiseman R, Weil L, Lozano C, Johnson T, Graves J. Investigation of a healthcare associated Hepatitis A cluster in and nearby Harris County, Texas. Council of State and Territorial Epidemiologists Annual Meeting. June 2017. Anchorage Alaska (poster).
6. Lin H, Weil L, Evans D, Shaw D, Rosen G, Graves J. Regional Epidemiology Coordination Plan: effective use during a multijurisdictional outbreak investigation. Texas Public Health Association 92nd Annual Education Conference, April 2016, Galveston, Texas
7. Rosen G, Lin H, Swanson K, Shaw D, Weil L, Evans D, Graves J. Local challenges to state policy: Evaluating the interim guidance for monitoring and movement of persons with potential Ebola Virus exposure in Southeast Texas --October-December, 2014. American Public Health Association Annual Meeting, October 2015, Chicago, Illinois.

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8. Graves J. Health Information Technology Policy in Germany, Switzerland, and Austria: Lessons for US Policy Makers. American Public Health Association Annual Meeting, San Diego, California, October 2012
9. Graves J, Sanchez E. Meeting the Health Needs of the Emerging Majority: Applying Lessons Learned from Border Health Programs to Eliminate Health Disparities throughout the U.S. American Public Health Association Annual Meeting, San Diego, California, October 2008
10. Graves J, Aday L. Decision Analysis and Preferences for Perinatal Health States. Agency for Health Care Policy and Research Third Primary Care Conference. Atlanta, Georgia, January 1993
11. Moy, Julie Graves, Susman J, Berg A. Critiquing Clinical Policies. Society of Teachers of Family Medicine Annual Meeting, San Diego, California, April 1993
12. Moy, Julie Graves, Schindler J, Duiker SS. Teaching Ambulatory Care in the Urban Setting, American Association of Medical Colleges Southern Group for Educational Affairs, Houston, Texas, April 1991
13. Moy, Julie Graves, Clasen ME, Donnelly J. Implementation of a Required Third year Clerkship in Family Medicine after Legislative Directive. Society of Teachers of Family Medicine Predoctoral Education Conference, San Antonio, Texas, February 1991.
14. Moy, Julie Graves, Goertz R. Legislative Directive for a Third year Family Medicine Clerkship. Society of Teachers of Family Medicine, Seattle Washington, May 1990.
15. Conard S, Dahms L, McCraney, Julie Graves. Stress in Residency: External Causes, Manifestations, and Impairment in Family Medicine as Compared to Other Specialties. Texas Academy of Family Physicians, Austin, Texas, September 1988, first place; also at American Academy of Family Physicians, Los Angeles, October 1988.
Invited Lectures
1. The US Health Care System in Transition. University of Medicine and Health Sciences Health Policy Lecture Series. July 13, 2017. Basseterre, St. Kitts and Nevis.
2. Legislative Issues Regarding Syndromic Surveillance. Texas Health Information Management Systems Society Legislative Conference. April 12, 2017, Austin, Texas.
3. Cross-Jurisdictional Coordination for Super Bowl LI Planning. Local Health Authorities Symposium. Texas Public Health Association 93rd Annual Meeting. March 27, 2017, Fort Worth, Texas
4. Texas Syndromic Surveillance System. Health Information Management Systems Society, Austin Chapter, August 9, 2016
5. A Congressional Forum on the Zika Virus and a Discussion of an Action Plan for Houston and Harris County. Good Neighbor Health Clinic, Houston, March 10, 2016.

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6. Telemedicine for Children with Special Health Care Needs. Caring for Children with Special Health Care Needs in Medicaid Managed Care, Texas Health and Human Services Commission, Austin, Texas, March 8, 2002. With Nora Taylor Belcher
7. Medicaid and Managed Care. Women in Government Forum on Medicaid, Austin, Texas, September 16, 1995.
8. Managed Care and Managed Competition. Southeast Texas Chapter of the International Patient Education Council, University of Texas MD Anderson Cancer Center, June 2, 1993.
9. AIDS and Adolescents: HIV Policy Concerns. National Conference of State Legislatures Women’s Network, Mobile, Alabama, May 20, 1993.
10. Vaginal Birth after Cesarean. Visiting Professor in Perinatal Health, University of Kansas School of Medicine Perinatal Conference, Kansas City, Kansas, April 3, 1992.
11. The Development of Medical Specialties in America. History of Medicine Lectures, University of Texas Houston Health Science Center, April 25, 1991.
Presentations at Professional Development Courses
1. Analysis of Policy Issues Surrounding the Electronic Medical Record. Grand Rounds. University of Texas Health Science Center at San Antonio. October 14, 2011. One hour Category I credit.
2. Barriers to Preventive Care for Women with Disabilities. Center for Health Disparities Annual Conference, University of North Texas Health Science Center, Ft. Worth, Texas, May 8, 2010. One hour Category I credit.
3. Clinical Indicators in Medicare’s Hospital Quality Improvement Project. Houston, Texas. January 13, 2006. One hour Category I credit.
4. Recent Changes to Texas End-of-Life Care Law. St. David’s Medical Center, Austin, Texas. October 12, 2004. One hour Category I credit, one hour Texas Ethics credit.
5. Aggressive Treatment of Type II Diabetes: What’s New in Type II Diabetes and Improving Chronic Disease Management Care with a Systems Approach. Texas Academy of Family Physicians. El Paso, Texas, May 2002. Two hours Category I credit.
6. Update in Medical Ethics and Professionalism. Central Texas Continuing Education Consortium. Austin, Texas, October 1999. One hour Category I credit.
7. Breastfeeding Update. Grand Rounds. Columbia Bayshore Medical Center, Pasadena, Texas, July 16, 1998. One hour Category I credit.
8. Breastfeeding in Special Circumstances. American Academy of Family Physicians Annual Session September 17, 1997, Chicago IL, 1 hour prescribed credit. Taught again in Annual Session in 1998.

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9. Breastfeeding Update. Presbyterian Hospital Combined Obstetrics/Pediatrics conference, April 1997, 1 hour AMA Category I credit.
10. Intensive Course in Breastfeeding: Lactation Management Workshop for Physicians. April 24, 1996, Houston, Texas. Four hours AAFP credit. Taught again Harlingen, Texas; Tyler, Texas; San Antonio, Texas, Dallas, Texas, Sugar Land, Texas in 1996, 1997, with Linda Zeccola, Tom Hale, Joanie Fischer, and Maryelle Van Landen
11. Intensive Course in Breastfeeding. March 11, 1996, Midland, Texas. Four hours continuing nursing education credit. Taught again in Gallup, New Mexico and Boise, Idaho.
12. Breastfeeding: Improving the Support System. Hermann Hospital/UT Houston Medical School Annual Perinatal Conference, Houston, Texas June 1996, 1 hour AMA credit.
13. Breastfeeding Update. Women’s Hospital, Houston, Texas, September 1996, 1 hour AMA Category I.
14. Breastfeeding: Enlightening the Myths. Abilene Perinatal Conference, October 1996, 1 hour AMA Category I credit.
15. Family Oriented Prenatal Care. Baylor College of Medicine Advances in Family Medicine. January 20, 1995. 1/2 hour prescribed credit.
16. American Academy of Family Physicians Clinical Policies Training Course. San Diego, California, April 1993. 9.5 hours prescribed credit, with Hanan Bell
17. Preference/ Utility Assessment in Outcomes Research. Agency for Health Care Policy and Research Third Primary Care Conference, Atlanta, Georgia, January 10, 1993. 1 hour prescribed credit.
18. Hormone Replacement Therapy. Clinical Recommendations Update at American Academy of Family Physicians Scientific Assembly, Orlando Florida, October 1993. 2 hours prescribed credit.
19. Problems and Solutions in Integrating Clerkship Teaching with Residency Education. McLennan County Medical Education and Research Foundation Program Management Conference, Austin, Texas, May 18, 1990. 1 hour prescribed credit, with Donald Koester
20. The Status of Obstetrical Practice by Texas Family Physicians: Implications for Residency Training. McLennan County Medical Education and Research Foundation Program Management Conference, Austin, Texas, February, 1989. 1 hour prescribed credit.
21. The Genogram in Prevention. University of Texas Houston Health Science Center/ Texas Academy of Family Physicians Prevention for the Nineties Conference, Houston, Texas, October 30, 1989. 1 hour prescribed.

Case 1:20-cv-00786 Document 1-13 Filed 03/21/20 Page 21 of 22

Professional Organizations:

American Public Health Association 1992-present

2020-2023 Governing Councilor

2015-2016 Joint Policy Committee member; Co-chair, 2016

2016

Executive Board member, ex officio

2014-2017 Submission Review for Annual Scientific Meeting

2012-2016 Science Board member; Chair, 2016

Medical Care Section (Mentoring Chair 2018)

International Health Section

Florida Public Health Association 2019-present

Florida Medical Association 2019-present

Travis County Medical Society 1995-2014 1998-2001 Committee on Legislation; Chair 1999-2000 1996-1999 Alternate Delegate to Texas Medical Association

Harris County Medical Society 1989-1995 and 2015-2016

2015-2016 Committee on Communication and Public Health

2015-2016 Emergency Care Committee, ex officio

1995

Delegate to Texas Medical Association

1994-1995 Board of Medical Legislation

1990-1995 Committee on Membership and Medical Precepts

1992-1993 Executive Board, Central Branch

1991-1994 Alternate Delegate to Texas Medical Association

1991

Medical Student Committee

1991

Chair, Young Physicians Section

2015–present Committee on Communications and Public Health

Texas Medical Association 1987-2016

1995-2001 TexPAC (political action committee) Board of Directors

1994

Task Force on Hospital Staff-County Medical Society Relations

1993-1994 ad hoc Committee on Practice Parameters

1998

Council on Public Health

1991-1992 ad hoc Committee on International Medical Graduate Issues

1990-1994 TexPAC (political action committee) Vice-chairman

1990-1991 Young Physicians Governing Council

1989

Chairman, McLennan County MediCaring Task Force

1989-1991 Committee on Manpower

1989

Council on Socioeconomics

1987-1988 Committee on Health Insurance

American Medical Association 1987-1999, 2006-2008, 2010 -2011

1991

Executive Committee and Founding Member, Women’s Caucus

1989-1994 Medical Schools Section, Delegate for University of Texas Health Science Center,

Houston

Case 1:20-cv-00786 Document 1-13 Filed 03/21/20 Page 22 of 22

American Academy of Family Physicians 1987-present 1993-1999 Peer Reviewer, Home Study/Self-Assessment Program 1991-1995 Task Force on Clinical Policies for Patient Care; Executive Committee 1993-1994 Vaginal Birth after Caesarean Section Policy Team

Texas Academy of Family Physicians 1987-2016

1997 -1998 Task Force on Governance

1997

Task Force on Computers

1996

Task Force on Health System Reform

1997

Committee on Public Health and Scientific Affairs Chairman, 1995-1997

1994-1996 Committee on Legislation and Public Policy Vice-chair, 1996

1990

Vice-Chairman, Student Affairs Committee

Names used due to marriage:
Julie Graves 1957-1984 and 2012 - present Julie Graves McCraney 1984 - 1999 Julie Graves Moy 1999 – 2012

Address
8000 West Drive, #314 North Bay Village, FL 33141
Email: drjuliegraves@gmail.com
Telephone
512-689-8001

Case 1:20-cv-00786 Document 1-14 Filed 03/21/20 Page 1 of 7

Scott A. Allen, MD, FACP Professor Emeritus, Clinical Medicine University of California Riverside School of Medicine Medical Education Building 900 University Avenue Riverside, CA 92521

Josiah “Jody” Rich, MD, MPH Professor of Medicine and Epidemiology, Brown University Director of the Center for Prisoner Health and Human Rights Attending Physician, The Miriam Hospital, 164 Summit Ave. Providence, RI 02906

March 19, 2020

The Honorable Bennie Thompson Chairman House Committee on Homeland Security 310 Cannon House Office Building Washington, D.C. 20515

The Honorable Ron Johnson Chairman Senate Committee on Homeland Security and Governmental Affairs 340 Dirksen Senate Office Building Washington, D.C. 20510

The Honorable Mike Rogers Ranking Member House Committee on Homeland Security 310 Cannon House Office Building Washington, D.C. 20515

The Honorable Gary Peters Ranking Member Senate Committee on Homeland Security and Governmental Affairs 340 Dirksen Senate Office Building Washington, D.C. 20510

The Honorable Carolyn Maloney Chairwoman House Committee on Oversight and Reform 2157 Rayburn House Office Building Washington, D.C. 20515

The Honorable Jim Jordan Ranking Member House Committee on Oversight and Reform 2157 Rayburn House Office Building Washington, D.C. 20515

Dear Committee Chairpersons and Ranking Members:
We are physicians—an internist and an infectious disease specialist—with unique expertise in medical care in detention settings.1 We currently serve as medical subject matter experts for the

1 I, Dr. Scott Allen, MD, FACP, am a Professor Emeritus of Medicine, a former Associate Dean of Academic Affairs and former Chair of the Department of Internal Medicine at the University of California Riverside School of Medicine. From 1997 to 2004, I was a full-time correctional physician for the Rhode Island Department of Corrections; for the final three years, I served as the State Medical Program. I have published over 25 peer-reviewed papers in academic journals related to prison health care and am a former Associate Editor of the International Journal of Prisoner Health Care. I am the court appointed monitor for the consent decree in litigation involving
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Department of Homeland Security’s Office of Civil Rights and Civil Liberties (CRCL). One of us (Dr. Allen) has conducted numerous investigations of immigration detention facilities on CRCL’s behalf over the past five years. We both are clinicians and continue to see patients, with one of us (Dr. Rich) currently providing care to coronavirus infected patients in an ICU setting.
As experts in the field of detention health, infectious disease, and public health, we are gravely concerned about the need to implement immediate and effective mitigation strategies to slow the spread of the coronavirus and resulting infections of COVID-19. In recent weeks, attention has rightly turned to the public health response in congregate settings such as nursing homes, college campuses, jails, prisons and immigration detention facilities (clusters have already been identified in Chinese and Iranian prisons according to news reports2 and an inmate and an officer have reportedly just tested positive at New York’s Rikers Island).3 Reporting in recent days reveals that immigrant detainees at ICE’s Aurora facility are in isolation for possible exposure to coronavirus.4 And a member of ICE’s medical staff at a private detention center in New Jersey has now been reported to have tested positive for coronavirus.5
We have shared our concerns about the serious medical risks from specific public health and safety threats associated with immigration detention with CRCL’s Officer Cameron Quinn in an initial letter dated February 25, 2020, and a subsequent letter of March 13, 2020. We offered to
medical care at Riverside County Jails. I have consulted on detention health issues both domestically and internationally for the Open Society Institute and the International Committee of the Red Cross, among others. I have worked with the Institute of Medicine on several workshops related to detainee healthcare and serve as a medical advisor to Physicians for Human Rights. I am the co-founder and co-director of the Center for Prisoner Health and Human Rights at Brown University (www.prisonerhealth.org), and a former Co-Investigator of the University of California Criminal Justice and Health Consortium. I am also the founder and medical director of the Access Clinic, a primary care medical home to adults with developmental disabilities.
I, Dr. Josiah (Jody) Rich, MD, MPH, am a Professor of Medicine and Epidemiology at The Warren Alpert Medical School of Brown University, and a practicing Infectious Disease Specialist since 1994 at The Miriam Hospital Immunology Center providing clinical care for over 22 years, and at the Rhode Island Department of Corrections caring for prisoners with HIV infection and working in the correctional setting doing research. I have published close to 190 peer-reviewed publications, predominantly in the overlap between infectious diseases, addictions and incarceration. I am the Director and Co-founder of The Center for Prisoner Health and Human Rights at The Miriam Hospital (www.prisonerhealth.org), and a Co-Founder of the nationwide Centers for AIDS Research (CFAR) collaboration in HIV in corrections (CFAR/CHIC) initiative. I am Principal Investigator of three R01 grants and a K24 grant all focused on incarcerated populations. My primary field and area of specialization and expertise is in the overlap between infectious diseases and illicit substance use, the treatment and prevention of HIV infection, and the care and prevention of disease in addicted and incarcerated individuals. I have served as an expert for the National Academy of Sciences, the Institute of Medicine and others. 2 Erin Mendel, “Coronavirus Outbreaks at China Prisons Spark Worries About Unknown Clusters,” Wall Street Journal, February 21, 2020, available at: https://www.wsj.com/articles/coronavirus-outbreaks-at-china-prisonsspark-worries-about-unknown-clusters-11582286150; Center for Human Rights in Iran, “Grave Concerns for Prisoners in Iran Amid Coronavirus Outbreak,” February 28, 2020, available at https://iranhumanrights.org/2020/02/grave-concerns-for-prisoners-in-iran-amid-coronavirus-outbreak/. 3 Joseph Konig and Ben Feuerherd, “First Rikers Inmate Tests Positive for Coronavirus” New York Post. March 18, 2020, available at: https://nypost.com/2020/03/18/first-rikers-island-inmate-tests-positive-for-coronavirus/ 4 Sam Tabachnik, “Ten detainees at Aurora’s ICE detention facility isolated for possible exposure to coronavirus,” The Denver Post, March 17, 2020, available at https://www.denverpost.com/2020/03/17/coronavirus-ice-detentiongeo-group-aurora-colorado/. 5 Emily Kassie, “First ICE Employees Test Positive for Coronavirus,” The Marshall Project, March 19, 2020, available at https://www.themarshallproject.org/2020/03/19/first-ice-employees-test-positive-for-coronavirus
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work with DHS in light of our shared obligation to protect the health, safety, and civil rights of detainees under DHS’s care. Additionally, on March 17, 2020 we published an opinion piece in the Washington Post warning of the need to act immediately to stem the spread of the coronavirus in jails and prisons in order to protect not only the health of prisoners and corrections workers, but the public at large.6
In the piece we noted the parallel risks in immigration detention. We are writing now to formally share our concerns about the imminent risk to the health and safety of immigrant detainees, as well as to the public at large, that is a direct consequence of detaining populations in congregate settings. We also offer to Congress, as we have to CRCL, our support and assistance in addressing the public health challenges that must be confronted as proactively as possible to mitigate the spread of the coronavirus both in, and through, immigration detention and congregate settings.
Nature of the Risk in Immigration Detention and Congregate Settings
One of the risks of detention of immigrants in congregant settings is the rapid spread of infectious diseases. Although much is still unknown, the case-fatality rate (number of infected patients who will die from the disease) and rate of spread for COVID-19 appears to be as high or higher than that for influenza or varicella (chicken pox).
In addition to spread within detention facilities, the extensive transfer of individuals (who are often without symptoms) throughout the detention system, which occurs with great frequency in the immigration context, could rapidly disseminate the virus throughout the entire system with devastating consequences to public health.7
Anyone can get a coronavirus infection. While healthy children appear to suffer mildly if they contract COVID-19, they still pose risk as carriers of infection, particularly so because they may not display symptoms of illness.8 Family detention continues to struggle with managing outbreaks of influenza and varicella.9 Notably, seven children who have died in and around
6 Josiah Rich, Scott Allen, and Mavis Nimoh, “We must release prisoners to lessen the spread of coronavirus,” Washington Post, March 17, 2020, available at https://www.washingtonpost.com/opinions/2020/03/17/we-mustrelease-prisoners-lessen-spread-coronavirus/. 7 See Hamed Aleaziz, “A Local Sheriff Said No To More Immigrant Detainees Because of Coronavirus Fears. So ICE Transferred Them All To New Facilities,” BuzzFeed News, March 18, 2020 (ICE recently transferred170 immigrant detainees from Wisconsin to facilities in Texas and Illinois. “’In order to accommodate various operational demands, ICE routinely transfers detainees within its detention network based on available resources and the needs of the agency…’ an ICE official said in a statement.”), available at https://www.buzzfeednews.com/article/hamedaleaziz/wisconsin-sheriff-ice-detainees-coronavirus 8 Interview with Jay C. Butler, MD, Deputy Director for Infectious Diseases, Centers for Disease Control and Prevention, “Coronovirus (COVID-19) Testing,” JAMA Network, March 16, 2020, available at https://youtu.be/oGiOi7eV05g (min 19:00). 9 Indeed, I (Dr. Allen) raised concerns to CRCL, the DHS Office of Inspector General, and to Congress in July 2018, along with my colleague Dr. Pamela McPherson, about the risks if harm to immigrant children in family detention centers because of specific systemic weaknesses at those facilities in their ability to provide for the medical and mental health needs of children in detention. See, e.g., July 17, 2018 Letter to Senate Whistleblower Caucus Chairs from Drs. Scott Allen and Pamela McPherson, available at https://www.wyden.senate.gov/imo/media/doc/Doctors%20Congressional%20Disclosure%20SWC.pdf. Those concerns, including but not limited to inadequate medical staffing, a lack of translation services, and the risk of
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immigration detention, according to press reports, six died of infectious disease, including three deaths from influenza.10 Containing the spread of an infection in a congregate facility housing families creates the conditions where many of those infected children who do not manifest symptoms will unavoidably spread the virus to older family members who may be a higher risk of serious illness.
Finally, as you well know, social distancing is essential to slow the spread of the coronavirus to minimize the risk of infection and to try to reduce the number of those needing medical treatment from the already-overwhelmed and inadequately prepared health care providers and facilities. However, social distancing is an oxymoron in congregate settings, which because of the concentration of people in a close area with limited options for creating distance between detainees, are at very high risk for an outbreak of infectious disease. This then creates an enormous public health risk, not only because disease can spread so quickly, but because those who contract COVID-19 with symptoms that require medical intervention will need to be treated at local hospitals, thus increasing the risk of infection to the public at large and overwhelming treatment facilities.
As local hospital systems become overwhelmed by the patient flow from detention center outbreaks, precious health resources will be less available for people in the community.To be more explicit, a detention center with a rapid outbreak could result in multiple detainees—five, ten or more—being sent to the local community hospital where there may only be six or eight ventilators over a very short period. As they fill up and overwhelm the ventilator resources, those ventilators are unavailable when the infection inevitably is carried by staff to the community and are also unavailable for all the usual critical illnesses (heart attacks, trauma, etc). In the alternate scenario where detainees are released from high risk congregate settings, the tinderbox scenario of a large cohort of people getting sick all at once is less likely to occur, and the peak volume of patients hitting the community hospital would level out. In the first scenario, many people from the detention center and the community die unnecessarily for want of a ventilator. In the latter, survival is maximized as the local mass outbreak scenario is averted.
It is additionally concerning that dozens of immigration detention centers are in remote areas with limited access to health care facilities. Many facilities, because of the rural locations, have only one on-site medical provider. If that provider gets sick and requires being quarantined for at least fourteen days, the entire facility could be without any medical providers at all during a foreseeable outbreak of a rapidly infectious disease. We simply can’t afford a drain on resources/medical personnel from any preventable cases.
communication breakdowns and confusion that results from different lines of authority needing to coordinate between various agencies and partners from different government programs and departments responsible for detention programs with rapid turnover, all continue to contribute to heightened risks to meeting the medical challenges posed by the spread of the coronavirus. 10 Nicole Acevedo, “Why are children dying in U.S. custody?,” NBC News, May 29, 2019, available at https://www.nbcnews.com/news/latino/why-are-migrant-children-dying-u-s-custody-n1010316
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Proactive Approaches Required
Before coronavirus spreads through immigration detention, proactivity is required in three primary areas: 1) Processes for screening, testing, isolation and quarantine; 2) Limiting transport and transfer of immigrant detainees; and 3) Implementing alternatives to detention to facilitate as much social distancing as possible.
Protocols for early screening, testing, isolation and quarantine exist in detention settings to address infectious diseases such as influenza, chicken pox and measles. However, the track record of ICE facilities implementing these protocols historically has been inconsistent. In the current scenario, with widespread reporting about the lack of available tests for COVID-19 and challenges for screening given the late-onset display of symptoms for what is now a communityspread illness, detention facilities, like the rest of country, are already behind the curve for this stage of mitigation.
Detention facilities will need to rapidly identify cases and develop plans to isolate exposed cohorts to limit the spread, as well as transfer ill patients to appropriate facilities. Screening should occur as early as possible after apprehension (including at border holding facilities) to prevent introduction of the virus into detention centers. We strongly recommend ongoing consultation with CDC and public health officials to forge optimal infection prevention and control strategies to mitigate the health risks to detained patient populations and correctional workers. Any outbreak in a facility could rapidly overwhelm the capacity of healthcare programs. Partnerships with local public health agencies, hospitals and clinics, including joint planning exercises and preparedness drills, will be necessary.
Transferring detainees between facilities should be kept to an absolute minimum. The transfer process puts the immigrants being transferred, populations in the new facilities, and personnel all at increased risk of exposure. The nationwide network of detention centers, where frequent and routine inter-facility transfers occur, represents a frighteningly efficient mechanism for rapid spread of the virus to otherwise remote areas of the country where many detention centers are housed.
Finally, regarding the need to implement immediate social distancing to reduce the likelihood of exposure to detainees, facility personnel, and the general public, it is essential to consider releasing all detainees who do not pose an immediate risk to public safety.
Congregant settings have a high risk of rapid spread of infectious diseases, and wherever possible, public health mitigation efforts involve moving people out of congregate settings (as we are seeing with colleges and universities and K-12 schools).11 Minimally, DHS should consider releasing all detainees in high risk medical groups such as older people and those with
11 Madeline Holcombe, “Some schools closed for coronavirus in US are not going back for the rest of the academic year,” CNN, March 18, 2020, available at https://www.cnn.com/2020/03/18/us/coronavirus-schools-not-going-backyear/index.html; Eric Levenson, Chris Boyette and Janine Mack, “Colleges and universities across the US are canceling in-person classes due to coronavirus,” CNN, March 12, 2020, available at https://www.cnn.com/2020/03/09/us/coronavirus-university-college-classes/index.html.
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Case 1:20-cv-00786 Document 1-14 Filed 03/21/20 Page 6 of 7
chronic diseases. COVID-19 infection among these groups will require many to be transferred to local hospitals for intensive medical and ventilator care—highly expensive interventions that may soon be in short supply.
Given the already established risks of adverse health consequences associated with the detention of children and their families,12 the policy of detention of children and their families in should be reconsidered in light of these new infectious disease threats so that children would only be placed in congregate detention settings when lower risk community settings are not available and then for as brief a time as possible.
In addition, given the low risk of releasing detainees who do not pose a threat to public safety— i.e., those only charged with immigration violations—releasing all immigration detainees who do not pose a security risk should be seriously considered in the national effort to stop the spread of the coronavirus.
Similarly, the practice of forcing asylum seekers to remain in Mexico has created a de facto congregate setting for immigrants, since large groups of people are concentrated on the US southern border as a result of the MPP program in the worst of hygienic conditions without any basic public health infrastructure or access to medical facilities or the ability to engage in social distancing as they await asylum hearings, which are currently on hold as a consequence of the government’s response to stop the spread of the coronavirus.13 This is a tinderbox that cannot be ignored in the national strategy to slow the spread of infection.
ICE recently announced that in response to the coronavirus pandemic, it will delay arresting immigrants who do not pose public safety threats, and will also stop detaining immigrants who fall outside of mandatory detention guidelines.14 But with reporting that immigrant detainees at ICE facilities are already being isolated for possible exposure to coronavirus, it is not enough to simply stop adding to the existing population of immigrant detainees. Social distancing through release is necessary to slow transmission of infection.15
Reassessing the security and public health risks, and acting immediately, will save lives of not only those detained, but also detention staff and their families, and the community-at-large.
12 Report of the DHS Advisory Committee on Family Residential Centers, September 30, 2016, available at https://www.ice.gov/sites/default/files/documents/Report/2016/ACFRC-sc16093.pdf 13 See Rick Jervis, “Migrants waiting at US-Mexico border at risk of coronavirus, health experts warn,” USA Today, March 17, 2020, available at https://www.usatoday.com/story/news/nation/2020/03/17/us-border-could-hit-hardcoronavirus-migrants-wait-mexico/5062446002/. 14 ICE website, Guidance on COVID-19, Immigration and Enforcement Check-Ins, Updated March 18, 2020, 7:45 pm, available at https://www.ice.gov/covid19. 15 Release of immigrants from detention to control the coronavirus outbreak has been recommended by John Sandweg, former acting head of ICE during the Obama administration, who further noted, "’The overwhelming majority of people in ICE detention don't pose a threat to public safety and are not an unmanageable flight risk.’…’Unlike the Federal Bureau of Prisons, ICE has complete control over the release of individuals. ICE is not carrying out the sentence imposed by a federal judge….It has 100% discretion.’" See Camilo Montoya-Galvez, “’Powder kegs’: Calls grow for ICE to release immigrants to avoid coronavirus outbreak, CBS News, March 19, 2020, available at https://www.cbsnews.com/news/coronavirus-ice-release-immigrants-detention-outbreak/.
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Case 1:20-cv-00786 Document 1-14 Filed 03/21/20 Page 7 of 7
Our legal counsel, Dana Gold of the Government Accountability Project, is supporting and coordinating our efforts to share our concerns with Congress and other oversight entities about the substantial and specific threats to public health and safety the coronavirus poses by congregate settings for immigrants. As we similarly offered to DHS, we stand ready to aid you in any way to mitigate this crisis and prevent its escalation in light of our unique expertise in detention health and experience with ICE detention specifically. Please contact our attorney, Dana Gold, at danag@whistleblower.org, or her colleague, Irvin McCullough, at irvinm@whistleblower.org, with any questions. Sincerely, /s/ Scott A. Allen, MD, FACP Professor Emeritus, University of California, School of Medicine Medical Subject Matter Expert, CRCL, DHS /s/ Josiah D. Rich, MD, MPH Professor of Medicine and Epidemiology The Warren Alpert Medical School of Brown University Medical Subject Matter Expert, CRCL, DHS
Cc: Dana Gold, Esq. and Irvin McCullough, Government Accountability Project Senate Committee on the Judiciary House Committee on the Judiciary White House Coronavirus Task Force
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Declaration of Dr. Jaimie Meyer
Pursuant to 28 U.S.C.§ 1746, I hereby declare as follows:
I. Background and Qualifications
1. I am Dr. Jaimie Meyer, an Assistant Professor of Medicine at Yale School of Medicine and Assistant Clinical Professor of Nursing at Yale School of Nursing in New Haven, Connecticut. I am board certified in Internal Medicine, Infectious Diseases and Addiction Medicine. I completed my residency in Internal Medicine at NY Presbyterian Hospital at Columbia, New York, in 2008. I completed a fellowship in clinical Infectious Diseases at Yale School of Medicine in 2011 and a fellowship in Interdisciplinary HIV Prevention at the Center for Interdisciplinary Research on AIDS in 2012. I hold a Master of Science in Biostatistics and Epidemiology from Yale School of Public Health.
2. I have worked for over a decade on infectious diseases in the context of jails and prisons. From 2008-2016, I served as the Infectious Disease physician for York Correctional Institution in Niantic, Connecticut, which is the only state jail and prison for women in Connecticut. In that capacity, I was responsible for the management of HIV, Hepatitis C, tuberculosis, and other infectious diseases in the facility. Since then, I have maintained a dedicated HIV clinic in the community for patients returning home from prison and jail. For over a decade, I have been continuously funded by the NIH, industry, and foundations for clinical research on HIV prevention and treatment for people involved in the criminal justice system, including those incarcerated in closed settings (jails and prisons) and in the community under supervision (probation and parole). I have served as an expert consultant on infectious diseases and women’s health in jails and prisons for the UN Office on Drugs and Crimes, the Federal Bureau of Prisons, and others. I also served as an expert health witness for the US Commission on Civil Rights Special Briefing on Women in Prison.
3. I have written and published extensively on the topics of infectious diseases among people involved in the criminal justice system including book chapters and articles in leading peer-reviewed journals (including Lancet HIV, JAMA Internal Medicine, American Journal of Public Health, International Journal of Drug Policy) on issues of prevention, diagnosis, and management of HIV, Hepatitis C, and other infectious diseases among people involved in the criminal justice system.
4. My C.V. includes a full list of my honors, experience, and publications, and it is attached as Exhibit A.
5. I am being paid $1,000 for my time reviewing materials and preparing this report.
6. I have not testified as an expert at trial or by deposition in the past four years.
II. Heightened Risk of Epidemics in Jails and Prisons
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7. The risk posed by infectious diseases in jails and prisons is significantly higher than in the community, both in terms of risk of transmission, exposure, and harm to individuals who become infected. There are several reasons this is the case, as delineated further below.
8. Globally, outbreaks of contagious diseases are all too common in closed detention settings and are more common than in the community at large. Prisons and jails are not isolated from communities. Staff, visitors, contractors, and vendors pass between communities and facilities and can bring infectious diseases into facilities. Moreover, rapid turnover of jail and prison populations means that people often cycle between facilities and communities. People often need to be transported to and from facilities to attend court and move between facilities. Prison health is public health.
9. Reduced prevention opportunities: Congregate settings such as jails and prisons allow for rapid spread of infectious diseases that are transmitted person to person, especially those passed by droplets through coughing and sneezing. When people must share dining halls, bathrooms, showers, and other common areas, the opportunities for transmission are greater. When infectious diseases are transmitted from person to person by droplets, the best initial strategy is to practice social distancing. When jailed or imprisoned, people have much less of an opportunity to protect themselves by social distancing than they would in the community. Spaces within jails and prisons are often also poorly ventilated, which promotes highly efficient spread of diseases through droplets. Placing someone in such a setting therefore dramatically reduces their ability to protect themselves from being exposed to and acquiring infectious diseases.
10. Disciplinary segregation or solitary confinement is not an effective disease containment strategy. Beyond the known detrimental mental health effects of solitary confinement, isolation of people who are ill in solitary confinement results in decreased medical attention and increased risk of death. Isolation of people who are ill using solitary confinement also is an ineffective way to prevent transmission of the virus through droplets to others because, except in specialized negative pressure rooms (rarely in medical units if available at all), air continues to flow outward from rooms to the rest of the facility. Risk of exposure is thus increased to other people in prison and staff.
11. Reduced prevention opportunities: During an infectious disease outbreak, people can protect themselves by washing hands. Jails and prisons do not provide adequate opportunities to exercise necessary hygiene measures, such as frequent handwashing or use of alcohol-based sanitizers when handwashing is unavailable. Jails and prisons are often under-resourced and ill-equipped with sufficient hand soap and alcohol-based sanitizers for people detained in and working in these settings. High-touch surfaces (doorknobs, light switches, etc.) should also be cleaned and disinfected regularly with bleach to prevent virus spread, but this is often not done in jails and prisons because of a lack of cleaning supplies and lack of people available to perform necessary cleaning procedures.
12. Reduced prevention opportunities: During an infectious disease outbreak, a containment strategy requires people who are ill with symptoms to be isolated and that caregivers have
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access to personal protective equipment, including gloves, masks, gowns, and eye shields. Jails and prisons are often under-resourced and ill-equipped to provide sufficient personal protective equipment for people who are incarcerated and caregiving staff, increasing the risk for everyone in the facility of a widespread outbreak.
13. Increased susceptibility: People incarcerated in jails and prisons are more susceptible to acquiring and experiencing complications from infectious diseases than the population in the community.1 This is because people in jails and prisons are more likely than people in the community to have chronic underlying health conditions, including diabetes, heart disease, chronic lung disease, chronic liver disease, and lower immune systems from HIV.
14. Jails and prisons are often poorly equipped to diagnose and manage infectious disease outbreaks. Some jails and prisons lack onsite medical facilities or 24-hour medical care. The medical facilities at jails and prisons are almost never sufficiently equipped to handle large outbreaks of infectious diseases. To prevent transmission of droplet-borne infectious diseases, people who are infected and ill need to be isolated in specialized airborne negative pressure rooms. Most jails and prisons have few negative pressure rooms if any, and these may be already in use by people with other conditions (including tuberculosis or influenza). Resources will become exhausted rapidly and any beds available will soon be at capacity. This makes both containing the illness and caring for those who have become infected much more difficult.
15. Jails and prisons lack access to vital community resources to diagnose and manage infectious diseases. Jails and prisons do not have access to community health resources that can be crucial in identifying and managing widespread outbreaks of infectious diseases. This includes access to testing equipment, laboratories, and medications.
16. Jails and prisons often need to rely on outside facilities (hospitals, emergency departments) to provide intensive medical care given that the level of care they can provide in the facility itself is typically relatively limited. During an epidemic, this will not be possible, as those outside facilities will likely be at or over capacity themselves.
17. Health safety: As an outbreak spreads through jails, prisons, and communities, medical personnel become sick and do not show up to work. Absenteeism means that facilities can become dangerously understaffed with healthcare providers. This increases a number of risks and can dramatically reduce the level of care provided. As health systems inside facilities are taxed, people with chronic underlying physical and mental health conditions and serious medical needs may not be able to receive the care they need for these conditions. As supply chains become disrupted during a global pandemic, the availability of medicines and food may be limited.
18. Safety and security: As an outbreak spreads through jails, prisons, and communities, correctional officers and other security personnel become sick and do not show up to
1 Active case finding for communicable diseases in prisons, 391 The Lancet 2186 (2018), https://www.thelancet.com/journals/lancet/article/PIIS0140-6736(18)31251-0/fulltext.
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work. Absenteeism poses substantial safety and security risk to both the people inside the facilities and the public.
19. These risks have all been borne out during past epidemics of influenza in jails and prisons. For example, in 2012, the CDC reported an outbreak of influenza in 2 facilities in Maine, resulting in two inmate deaths.2 Subsequent CDC investigation of 995 inmates and 235 staff members across the 2 facilities discovered insufficient supplies of influenza vaccine and antiviral drugs for treatment of people who were ill and prophylaxis for people who were exposed. During the H1N1-strain flu outbreak in 2009 (known as the “swine flu”), jails and prisons experienced a disproportionately high number of cases.3 Even facilities on “quarantine” continued to accept new intakes, rendering the quarantine incomplete. These scenarios occurred in the “best case” of influenza, a viral infection for which there was an effective and available vaccine and antiviral medications, unlike COVID-19, for which there is currently neither.
III. Profile of COVID-19 as an Infectious Disease4
20. The novel coronavirus, officially known as SARS-CoV-2, causes a disease known as COVID-19. The virus is thought to pass from person to person primarily through respiratory droplets (by coughing or sneezing) but may also survive on inanimate surfaces. People seem to be most able to transmit the virus to others when they are sickest but it is possible that people can transmit the virus before they start to show symptoms or for weeks after their symptoms resolve. In China, where COVID-19 originated, the average infected person passed the virus on to 2-3 other people; transmission occurred at a distance of 3-6 feet. Not only is the virus very efficient at being transmitted through droplets, everyone is at risk of infection because our immune systems have never been exposed to or developed protective responses against this virus. A vaccine is currently in development but will likely not be able for another year to the general public. Antiviral medications are currently in testing but not yet FDA-approved, so only available for compassionate use from the manufacturer. People in prison and jail will likely have even less access to these novel health strategies as they become available.
2 Influenza Outbreaks at Two Correctional Facilities — Maine, March 2011, Centers for Disease Control and Prevention (2012), https://www.cdc.gov/mmwr/preview/mmwrhtml/mm6113a3.htm. 3 David M. Reutter, Swine Flu Widespread in Prisons and Jails, but Deaths are Few, Prison Legal News (Feb. 15, 2010), https://www.prisonlegalnews.org/news/2010/feb/15/swine-fluwidespread-in-prisons-and-jails-but-deaths-are-few/. 4 This whole section draws from Brooks J. Global Epidemiology and Prevention of COVID19, COVID-19 Symposium, Conference on Retroviruses and Opportunistic Infections (CROI), virtual (March 10, 2020); Coronavirus (COVID-19), Centers for Disease Control, https://www.cdc.gov/coronavirus/2019-ncov/index.html; Brent Gibson, COVID-19 (Coronavirus): What You Need to Know in Corrections, National Commission on Correctional Health Care (February 28, 2020), https://www.ncchc.org/blog/covid-19-coronavirus-what-youneed-to-know-in-corrections.
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21. Most people (80%) who become infected with COVID-19 will develop a mild upper respiratory infection but emerging data from China suggests serious illness occurs in up to 16% of cases, including death.5 Serious illness and death is most common among people with underlying chronic health conditions, like heart disease, lung disease, liver disease, and diabetes, and older age.6 Death in COVID-19 infection is usually due to pneumonia and sepsis. The emergence of COVID-19 during influenza season means that people are also at risk from serious illness and death due to influenza, especially when they have not received the influenza vaccine or the pneumonia vaccine.
22. The care of people who are infected with COVID-19 depends on how seriously they are ill.7 People with mild symptoms may not require hospitalization but may continue to be closely monitored at home. People with moderate symptoms may require hospitalization for supportive care, including intravenous fluids and supplemental oxygen. People with severe symptoms may require ventilation and intravenous antibiotics. Public health officials anticipate that hospital settings will likely be overwhelmed and beyond capacity to provide this type of intensive care as COVID-19 becomes more widespread in communities.
23. COVID-19 prevention strategies include containment and mitigation. Containment requires intensive hand washing practices, decontamination and aggressive cleaning of surfaces, and identifying and isolating people who are ill or who have had contact with people who are ill, including the use of personal protective equipment. Jails and prisons are totally under-resourced to meet the demand for any of these strategies. As infectious diseases spread in the community, public health demands mitigation strategies, which involves social distancing and closing other communal spaces (schools, workplaces, etc.) to protect those most vulnerable to disease. Jails and prisons are unable to adequately provide social distancing or meet mitigation recommendations as described above.
24. The time to act is now. Data from other settings demonstrate what happens when jails and prisons are unprepared for COVID-19. News outlets reported that Iran temporarily released 70,000 prisoners when COVID-19 started to sweep its facilities.8 To date, few state or federal prison systems have adequate (or any) pandemic preparedness plans in
5 Coronavirus Disease 2019 (COVID-19): Situation Summary, Centers for Disease Control and Prevention (March 14, 2020), https://www.cdc.gov/coronavirus/2019-ncov/summary.html. 6 Clinical course and risk factors for mortality of adult inpatients with COVID-19 in Wuhan, China: a retrospective cohort study. The Lancet (published online March 11, 2020), https://www.thelancet.com/journals/lancet/article/PIIS0140-6736(20)30566-3/fulltext 7 Coronavirus Disease 2019 (COVID-19): Interim Clinical Guidance for Management of Patients with Confirmed Coronavirus Disease, Centers for Disease Control and Prevention (March 7, 2020), https://www.cdc.gov/coronavirus/2019-ncov/hcp/clinical-guidancemanagement-patients.html. 8 Iran temporarily releases 70,000 prisoners as coronavirus cases surge, Reuters (March 9, 2020), https://www.reuters.com/article/us-health-coronavirus-iran/iran-temporarily-releases70000-prisoners-as-coronavirus-cases-surge-idUSKBN20W1E5.
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place.9 Systems are just beginning to screen and isolate people on entry and perhaps place visitor restrictions, but this is wholly inadequate when staff and vendors can still come to work sick and potentially transmit the virus to others.
IV. Risk of COVID-19 in ICE’s NYC-Area Detention Facilities
25. I have reviewed the following materials in making my assessment of the danger of COVID-19 in the Bergen, Essex, Hudson, and Orange County jails (“ICE’s NYC-area jails”): (1) a declaration by Marinda van Dalen, a Senior Attorney in the Health Justice Program at New York Lawyers for the Public Interest (NYLPI); (2) the report Detained and Denied: Healthcare Access in Immigration Detention, released by NYLPI in 2017; and (3) the report Ailing Justice: New Jersey, Inadequate Healthcare, Indifference, and Indefinite Confinement in Immigration Detention, released by Human Rights First in 2018.
26. Based on my review of these materials, my experience working on public health in jails and prisons, and my review of the relevant literature, it is my professional judgment that these facilities are dangerously under-equipped and ill-prepared to prevent and manage a COVID-19 outbreak, which would result in severe harm to detained individuals, jail and prison staff, and the broader community. The reasons for this conclusion are detailed as follows.
27. The delays in access to care that already exist in normal circumstances will only become worse during an outbreak, making it especially difficult for the facilities to contain any infections and to treat those who are infected.
28. Failure to provide individuals with continuation of the treatment they were receiving in the community, or even just interruption of treatment, for chronic underlying health conditions will result in increased risk of morbidity and mortality related to these chronic conditions.
29. Failure to provide individuals adequate medical care for their underlying chronic health conditions results in increased risk of COVID-19 infection and increased risk of infection-related morbidity and mortality if they do become infected.
30. People with underlying chronic mental health conditions need adequate access to treatment for these conditions throughout their period of detention. Failure to provide adequate mental health care, as may happen when health systems in jails and prisons are taxed by COVID-19 outbreaks, may result in poor health outcomes. Moreover, mental health conditions may be exacerbated by the stress of incarceration during the COVID-19 pandemic, including isolation and lack of visitation.
9 Luke Barr & Christina Carrega, State prisons prepare for coronavirus but federal prisons not providing significant guidance, sources say, ABC News (March 11, 2020), https://abcnews.go.com/US/state-prisons-prepare-coronavirus-federal-prisons-providingsignificant/story?id=69433690.
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31. Failure to keep accurate and sufficient medical records will make it more difficult for the facilities to identify vulnerable individuals in order to both monitor their health and protect them from infection. Inadequate screening and testing procedures in facilities increase the widespread COVID-19 transmission.
32. Language barriers will similarly prevent the effective identification of individuals who are particularly vulnerable or may have symptoms of COVID-19. Similarly, the failure to provide necessary aids to individuals who have auditory or visual disabilities could also limit the ability to identify and monitor symptoms of COVID-19.
33. The commonplace neglect of individuals with acute pain and serious health needs under ordinary circumstances is also strongly indicative that the facilities will be ill-equipped to identify, monitor, and treat a COVID-19 epidemic.
34. The failure of these facilities to adequately manage single individuals in need of emergency care is a strong sign that they will be seriously ill-equipped and underprepared when a number of people will need urgent care simultaneously, as would occur during a COVID-19 epidemic.
35. For individuals in these facilities, the experience of an epidemic and the lack of care while effectively trapped can itself be traumatizing, compounding the trauma of incarceration.
V. Conclusion and Recommendations
36. For the reasons above, it is my professional judgment that individuals placed in ICE’s NYC-area jails are at a significantly higher risk of infection with COVID-19 as compared to the population in the community and that they are at a significantly higher risk of harm if they do become infected. These harms include serious illness (pneumonia and sepsis) and even death.
37. Reducing the size of the population in jails and prisons can be crucially important to reducing the level of risk both for those within those facilities and for the community at large.
38. As such, from a public health perspective, it is my strong opinion that individuals who can safely and appropriately remain in the community not be placed in ICE’s NYC-area jails at this time. I am also strongly of the opinion that individuals who are already in those facilities should be evaluated for release.
39. This is more important still for individuals with preexisting conditions (e.g., heart disease, chronic lung disease, chronic liver disease, suppressed immune system, diabetes) or who are over the age of 60. They are in even greater danger in these facilities, including a meaningfully higher risk of death.
40. It is my professional opinion that these steps are both necessary and urgent. The horizon of risk for COVID-19 in these facilities is a matter of days, not weeks. Once a case of
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COVID-19 identified in a facility, it will likely be too late to prevent a widespread outbreak.
41. Health in jails and prisons is community health. Protecting the health of individuals who are detained in and work in these facilities is vital to protecting the health of the wider community.

I declare under penalty of perjury that the foregoing is true and correct.

March 1__5, 2020 New Haven, Connecticut

_______________________ Dr. Jaimie Meyer

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EXHIBIT A

CaCsaese1:12:02-0c-vc-v0-10800738-6AKDHocDumoceunmt e1n-1t542FiFleilded030/32/11/62/020PaPgaege1010ofo2f323
Jaimie Meyer, MD, MS, FACP

CURRICULUM VITAE

Date of Revision: Name: School:

November 20, 2019 Jaimie Meyer, MD, MS, FACP Yale School of Medicine

Education:
BA, Dartmouth College Anthropology 2000 MD, University of Connecticut School of Medicine 2005 MS, Yale School of Public Health Biostatistics and Epidemiology 2014

Career/Academic Appointments:
2005 - 2008 Residency, Internal Medicine, NY Presbyterian Hospital at Columbia, New York, NY 2008 - 2011 Fellowship, Infectious Diseases, Yale University School of Medicine, New Haven, CT 2008 - 2012 Clinical Fellow, Infectious Diseases, Yale School of Medicine, New Haven, CT 2010 - 2012 Fellowship, Interdisciplinary HIV Prevention, Center for Interdisciplinary Research on
AIDS, New Haven, CT 2012 - 2014 Instructor, AIDS, Yale School of Medicine, New Haven, CT 2014 - present Assistant Professor, AIDS, Yale School of Medicine, New Haven, CT 2015 - 2018 Assistant Clinical Professor, Nursing, Yale School of Medicine, New Haven, CT

Board Certification:
AB of Internal Medicine, Internal Medicine, 08-2008, 01-2019 AB of Internal Medicine, Infectious Disease, 10-2010 AB of Preventive Medicine, Addiction Medicine, 01-2018

Professional Honors & Recognition:

International/National/Regional

2018

NIH Center for Scientific Review, Selected as Early Career Reviewer

2017

Doris Duke Charitable Foundation, Doris Duke Charitable Foundation Scholar

2016

American College of Physicians, Fellow

2016

NIH Health Disparities, Loan Repayment Award Competitive Renewal

2016

AAMC, Early Career Women Faculty Professional Development Seminar

2014

NIH Health Disparities, Loan Repayment Program Award

2014

NIDA, Women & Sex/Gender Differences Junior Investigator Travel Award

2014

International Women's/Children's Health & Gender Working Group, Travel Award

2014

Patterson Trust, Awards Program in Clinical Research

2013

Connecticut Infectious Disease Society, Thornton Award for Clinical Research

2011

Bristol Myers-Squibb, Virology Fellows Award

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Jaimie Meyer, MD, MS, FACP

2006 2005 2005 2000 2000

NY Columbia Presbyterian, John N. Loeb Intern Award American Medical Women’s Association, Medical Student Citation Connecticut State Medical Society, Medical Student Award Dartmouth College, Hannah Croasdale Senior Award Dartmouth College, Palaeopitus Senior Leadership Society Inductee

Yale University

2014

Women’s Faculty Forum, Public Voices Thought Leadership Program Fellow

Grants/Clinical Trials History:

Current Grants Agency: I.D.#: Title:
P.I.: Role: Percent effort: Direct costs per year: Total costs for project period: Project period:

Center for Interdisciplinary Research on AIDS (CIRA) 2019-20 Pilot Project Awards Optimizing PrEP’s Potential in Non-Clinical Settings: Development and Evaluation of a PrEP Decision Aid for Women Seeking Domestic Violence Services Tiara Willie Principal Investigator 2% $29,993.00
$29,993.00 7/11/2019 - 7/10/2020

Agency: I.D.#: Title:
Role: Percent effort: Direct costs per year: Total costs for project period: Project period:

SAMHSA H79 TI080561 CHANGE: Comprehensive Housing and Addiction Management Network for Greater New Haven Principal Investigator 20% $389,054.00
$1,933,368.00 11/30/2018 - 11/29/2023

Agency: I.D.#: Title:
Role: Percent effort: Direct costs per year: Total costs for project

Gilead Sciences, Inc. Investigator Sponsored Award, CO-US-276-D136 Delivering HIV Pre-Exposure Prophylaxis to Networks of Justice-Involved Women Principal Investigator 8% $81,151.00

2

CaCsaese1:12:02-0c-vc-v0-10800738-6AKDHocDumoceunmt e1n-1t542FiFleilded030/32/11/62/020PaPgaege1212ofo2f323
Jaimie Meyer, MD, MS, FACP

period: Project period:

$306,199.00 6/19/2018 - 1/31/2020

Agency: I.D.#: Title: Role: Percent effort: Direct costs per year: Total costs for project period: Project period:

NIDA R21 DA042702 Prisons, Drug Injection and the HIV Risk Environment Principal Investigator 22% $129,673.00
$358,276.00 8/1/2017 - 7/31/2020

Agency: I.D.#: Title:
Role: Percent effort: Direct costs per year: Total costs for project period: Project period:

Doris Duke Charitable Foundation Clinical Scientist Development Award Developing and Testing the Effect of a Patient-Centered HIV Prevention Decision Aid on PrEP uptake for Women with Substance Use in Treatment Settings Principal Investigator 27% $149,959.00
$493,965.00 7/1/2017 - 6/30/2020

Past Grants Agency: I.D.#: Title:
Role: Percent effort: Direct costs per year: Total costs for project period: Project period:

NIDA K23 DA033858 Evaluating and Improving HIV Outcomes in Community-based Women who Interface with the Criminal Justice System Principal Investigator 75% $149,509.00
$821,147.00 7/1/2012 - 11/30/2017

Agency: I.D.#: Title:
Role: Percent effort: Direct costs per year:

Robert Leet & Clara Guthrie Patterson Trust R12225, Award in Clinical Research Disentangling the Effect of Gender on HIV Treatment and Criminal Justice Outcomes Principal Investigator 10% $75,000.00

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CaCsaese1:12:02-0c-vc-v0-10800738-6AKDHocDumoceunmt e1n-1t542FiFleilded030/32/11/62/020PaPgaege1313ofo2f323
Jaimie Meyer, MD, MS, FACP

Total costs for project

period:

$75,000.00

Project period:

1/31/2014 - 10/31/2015

Agency: I.D.#: Title:
Role: Percent effort: Direct costs per year: Total costs for project period: Project period:

Bristol-Myers Squibb HIV Virology Fellowship Award Effect of newer antiretroviral regimens on HIV biological outcomes in HIVinfected prisoners: a 13 year retrospective evaluation Principal Investigator 10% $34,390.00
$34,390.00 12/1/2011 - 11/30/2012

Pending Grants Agency: I.D.#: Title:
P.I.: Role: Percent effort: Direct costs per year: Total costs for project period: Project period:

NIMH R01 MH121991 Identifying Modifiable Risk and Protective Processes at the Day-Level that Predict HIV Care Outcomes among Women Exposed to Partner Violence Sullivan, Tami Principal Investigator 30% $499,755.00
$4,148,823.00 1/1/2020 - 12/31/2024

Invited Speaking Engagements, Presentations, Symposia & Workshops Not Affiliated With Yale:
International/National 2019: CME Outfitters, Washington, DC. "A Grassroots Approach to Weed out HIV and HCV in Special
OUD Populations" 2019: US Commission on Civil Rights, Washington, DC. "An Analysis of Women’s Health, Personal
Dignity and Sexual Abuse in the US Prison System" 2018: College of Problems on Drug Dependence, College of Problems on Drug Dependence, San
Diego, CA. "Research on Women who Use Drugs: Knowledge and Implementation Gaps and A Proposed Research Agenda" 2018: Clinical Care Options, Washington, DC. "Intersection of the HIV and Opioid Epidemics" 2016: Dartmouth Geisel School of Medicine, Hanover, NH. "Incarceration as Opportunity: Prisoner Health and Health Interventions" 2010: Rhode Island Chapter of the Association of Nurses in AIDS Care, Providence, RI. "HIV and Addiction"

4

CaCsaese1:12:02-0c-vc-v0-10800738-6AKDHocDumoceunmt e1n-1t542FiFleilded030/32/11/62/020PaPgaege1414ofo2f323
Jaimie Meyer, MD, MS, FACP
Regional 2018: Clinical Directors Network, New York, NY. "PrEP Awareness among Special Populations of
Women and People who Use Drugs" 2018: Frank H. Netter School of Medicine, Quinnipiac University, Hamden, CT. "HIV prevention for
justice-involved women" 2017: Clinical Directors Network, New York, NY. "Optimizing the HIV Care Continuum for People who
use Drugs" 2016: Frank H. Netter School of Medicine, Quinnipiac University, Hamden, CT. "Topics in Infectious
Diseases" 2016: Connecticut Advanced Practice Registered Nurse Society, Wethersfield, CT. "Trends in HIV
Prevention: Integration of Biomedical and Behavioral Approaches"
Peer-Reviewed Presentations & Symposia Given at Meetings Not Affiliated With Yale: International/National
2019: CPDD 81st Annual Scientific Meeting, CPDD, San Antonio, TX. "Punitive approaches to pregnant women with opioid use disorder: Impact on health care utilization, outcomes and ethical implications"
2019: 14th International Conference on HIV Treatment and Prevention Adherence, IAPAC Adherence, Miami, FL. "Decision-Making about HIV Prevention among Women in Drug Treatment: Is PrEP Contextually Relevant?"
2019: 2019 NIDA International Forum, NIDA, San Antonio, TX. "Diphenhydramine Injection in Kyrgyz Prisons: A Qualitative Study Of A High-Risk Behavior With Implications For Harm Reduction"
2019: 11th International Women’s and Children’s Health and Gender (InWomen’s) Group, InWomen’s Group, San Antonio, TX. "Uniquely successful implementation of methadone treatment in a women’s prison in Kyrgyzstan"
2019: Harm Reduction International, Porto, Porto District, Portugal. "How does methadone treatment travel? On the ‘becoming-methadone-body’ of Kyrgyzstan prisons"
2019: APA Collaborative Perspectives on Addiction Annual Meeting, APA Collaborative Perspectives on Addiction Annual Meeting, Providence, RI. "Impact of Trauma and Substance Abuse on HIV PrEP Outcomes among Women in Criminal Justice Systems. Symposium: “Partner Violence: Intersected with or Predictive of Substance Use and Health Problems among Women.”"
2019: Society for Academic Emergency Medicine (SAEM), Worcester, MA. "Effects of a Multisite Medical Home Intervention on Emergency Department Use among Unstably Housed People with Human Immunodeficiency Virus"
2019: Conference on Retroviruses and Opportunistic Infections (CROI), IAS, Seattle, WA. "Released to Die: Elevated Mortality in People with HIV after Incarceration"
2019: 12th Academic and Health Policy on Conference on Correctional Health, 12th Academic and Health Policy on Conference on Correctional Health, Las Vegas, NV. "PrEP Eligibility and HIV Risk Perception for Women across the Criminal Justice Continuum in Connecticut"
2019: Association for Justice-Involved Female Organizations (AJFO), Atlanta, GA. "Treatment of Women’s Substance Use Disorders and HIV Prevention During and Following Incarceration"
5

CaCsaese1:12:02-0c-vc-v0-10800738-6AKDHocDumoceunmt e1n-1t542FiFleilded030/32/11/62/020PaPgaege1515ofo2f323
Jaimie Meyer, MD, MS, FACP

2018: 2018: 2018: 2018:
2018: 2018: 2018: 2017: 2017: 2017: 2017: 2017: 2017: 2016: 2015:

American Public Health Association (APHA) Annual Meeting, American Public Health Association (APHA) Annual Meeting, San Diego, CA. "New Haven Syringe Service Program: A model of integrated harm reduction and health care services" 12th National Harm Reduction Conference, 12th National Harm Reduction Conference, New Orleans, LA. "Service needs and access to care among participants in the New Haven Syringe Services Program" 22nd International AIDS Conference, 22nd International AIDS Conference, Amsterdam, NH, Netherlands. "HIV risk perceptions and risk reduction strategies among prisoners in Kyrgyzstan: a qualitative study" 22nd International AIDS Conference, 22nd International AIDS Conference, Amsterdam, NH, Netherlands. "Methadone Maintenance Therapy Uptake, Retention, and Linkage for People who Inject Drugs Transitioning From Prison to the Community in Kyrgyzstan: Evaluation of a National Program" NIDA International Forum, NIDA, San Diego, CA. "HIV and Drug Use among Women in Prison in Azerbaijan, Kyrgyzstan and Ukraine" 2018 Conference on Retroviruses and Opportunistic Infections (CROI), CROI, Boston, MA. "From prison’s gate to death’s door: Survival analysis of released prisoners with HIV" 11th Academic and Health Policy on Conference on Correctional Health, Academic Consortium on Criminal Justice Health, Houston, TX. "Assessing Concurrent Validity of Criminogenic and Health Risk Instruments among Women on Probation in Connecticut" IDWeek: Annual Meeting of Infectious Diseases Society of America, Infectious Diseases Society of America, San Diego, CA. "Predictors of Linkage to and Retention in HIV Care Following Release from Connecticut, USA Jails and Prisons (Oral presentation)" International AIDS Society (IAS) Meeting, International AIDS Society, Paris, Île-de-France, France. "Late breaker: Predictors of Linkage to and Retention in HIV Care Following Release from Connecticut, USA Jails and Prisons" NIDA International Forum, NIDA, Montreal, QC, Canada. "A Mixed Methods Evaluation of HIV Risk among Women with Opioid Dependence in Ukraine" International Women's and Children's Health and Gender Working Group, International Women's and Children's Health and Gender Working Group, Montreal, QC, Canada. "Assessing Receptiveness to and Eligibility for PrEP in Criminal Justice-Involved Women" International Women's and Children's Health and Gender Working Group, International Women's and Children's Health and Gender Working Group, Montreal, QC, Canada. "A Mixed Methods Evaluation of HIV Risk among Women with Opioid Dependence in Ukraine" Annual Meeting of the Society for Applied Anthropology, Society for Applied Anthropology, Santa Fe, NM. "Where rubbers meet the road: HIV risk reduction for women on probation (Oral presentation)" International Women's and Children's Health and Gender Working Group, International Women's and Children's Health and Gender Working Group, Palm Springs, CA. "An Event-level Examination of Successful Condom Negotiation Strategies among College Women" CDC National HIV Prevention Conference, CDC, Atlanta, GA. "Beyond the Syndemic: Condom Negotiation and Use among Women Experiencing Partner Violence (Oral presentation)"

6

CaCsaese1:12:02-0c-vc-v0-10800738-6AKDHocDumoceunmt e1n-1t542FiFleilded030/32/11/62/020PaPgaege1616ofo2f323
Jaimie Meyer, MD, MS, FACP

2015: 2015: 2014: 2014: 2014: 2013: 2013: 2012: 2012: 2012: 2011:

International Harm Reduction Conference, International Harm Reduction, Kuala Lumpur, Federal Territory of Kuala Lumpur, Malaysia. "Evidence-Based Interventions to Enhance Assessment, Treatment, and Adherence in the Chronic Hepatitis C Care Continuum" International Women's and Children's Health and Gender Working Group, International Women's and Children's Health and Gender Working Group, Phoenix, AZ. "Violence, Substance Use, and Sexual Risk among College Women" International Women's and Children's Health and Gender Working Group, International Women's and Children's Health and Gender Working Group, San Juan, San Juan, Puerto Rico. "Gender Differences in HIV and Criminal Justice Outcomes" College on Problems in Drug Dependence (CPDD), College on Problems in Drug Dependence (CPDD), San Juan, San Juan, Puerto Rico. "Gender Differences in HIV and Criminal Justice Outcomes" Conference on Retroviruses and Opportunistic Infections (CROI), Conference on Retroviruses and Opportunistic Infections (CROI), Boston, MA. "Longitudinal Treatment Outcomes in HIVInfected Prisoners and Influence of Re-Incarceration" HIV Intervention and Implementation Science Meeting, HIV Intervention and Implementation Science Meeting, Bethesda, MD. "Women Released from Jail Experience Suboptimal HIV Treatment Outcomes Compared to Men: Results from a Multi-Center Study" Conference on Retroviruses and Opportunistic Infections (CROI), Conference on Retroviruses and Opportunistic Infections (CROI), Atlanta, GA. "Women Released from Jail Experience Suboptimal HIV Treatment Outcomes Compared to Men: Results from a Multi-Center Study" IDWeek: Infectious Diseases Society of America Annual Meeting, Infectious Diseases Society of America, San Diego, CA. "Correlates of Retention in HIV Care after Release from Jail: Results from a Multi-site Study" IDWeek: Infectious Diseases Society of America Annual Meeting, Infectious Diseases Society of America, San Diego, CA. "Frequent Emergency Department Use among Released Prisoners with HIV: Characterization Including a Novel Multimorbidity Index" 5th Academic and Health Policy Conference on Correctional Health, 5th Academic and Health Policy Conference on Correctional Health, Atlanta, GA. "Effects of Intimate Partner Violence on HIV and Substance Abuse in Released Jail Detainees" IAPAC HIV Treatment and Adherence Conference, IAPAC, Miami, FL. "Adherence to HIV treatment and care among previously homeless jail detainees"

Regional 2019: Connecticut Infectious Disease Society, New Haven, CT. "Preliminary Findings from a Novel
PrEP Demonstration Project for Women Involved in Criminal Justice Systems and Members of their Risk Networks" 2017: Connecticut Public Health Association Annual Conference, Connecticut Public Health Association, Farmington, CT. "The New Haven syringe services program" 2014: Connecticut Infectious Disease Society Annual Meeting, Connecticut Infectious Disease Society, Orange, CT. "Longitudinal Treatment Outcomes in HIV-Infected Prisoners and Influence of ReIncarceration"

7

CaCsaese1:12:02-0c-vc-v0-10800738-6AKDHocDumoceunmt e1n-1t542FiFleilded030/32/11/62/020PaPgaege1717ofo2f323
Jaimie Meyer, MD, MS, FACP

2013: 2011:

Connecticut Infectious Disease Society Annual Meeting, Connecticut Infectious Disease Society, Orange, CT. "Women Released from Jail Experience Suboptimal HIV Treatment Outcomes Compared to Men: Results from a Multi-Center Study" Connecticut Infectious Disease Society Annual Meeting, Connecticut Infectious Disease Society, Orange, CT. "Emergency Department Use by Released Prisoners with HIV"

Professional Service:
Peer Review Groups/Grant Study Sections 2019 - present Reviewer, NIDA, NIH Reviewer: RFA-DA-19-025: HEAL Initiative: Justice Community
Opioid Innovation Network (JCOIN) Clinical Research Centers 2019 - present Reviewer, Yale DCFAR Pilot Projects 2018 - present Reviewer, Center for Interdisciplinary Research on AIDS (CIRA) 2015 - present Reviewer, University of Wisconsin-Milwaukee Research Growth Initiative

Advisory Boards

2017

Advisor, HIV Prevention and Treatment in Cis-Gendered Women, Gilead Sciences, Inc.

Journal Service
Editor/Associate Editor 2019 - present Associate Editor, Journal of the International Association of Providers of AIDS Care
(JIAPAC), Section Editor: Sex and Gender Issues

Reviewer 2019 - present 2012 - present 2012 - present 2012 - present 2012 - present 2012 - present 2012 - present 2012 - present 2012 - present 2012 - present 2012 - present 2012 - present 2012 - present 2012 - present 2012 - present 2012 - present 2012 - present 2012 - present

Reviewer, JAIDS Reviewer, Addiction Sci and Clin Pract Reviewer, Addictive Behav Reports Reviewer, AIDS Care Reviewer, Social Science and Medicine Reviewer, SpringerPlus Reviewer, Substance Abuse Treatment Prevention and Policy Reviewer, Women’s Health Issues Reviewer, Yale Journal of Biology and Medicine Reviewer, AIMS Public Health Reviewer, American Journal on Addictions Reviewer, American Journal of Epidemiology Reviewer, American Journal of Public Health Reviewer, Annals Internal Medicine Reviewer, BMC Emergency Medicine Reviewer, BMC Infectious Diseases Reviewer, BMC Public Health Reviewer, BMC Women’s Health

8

CaCsaese1:12:02-0c-vc-v0-10800738-6AKDHocDumoceunmt e1n-1t542FiFleilded030/32/11/62/020PaPgaege1818ofo2f323
Jaimie Meyer, MD, MS, FACP

2012 - present 2012 - present 2012 - present 2012 - present 2012 - present 2012 - present 2012 - present 2012 - present 2012 - present 2012 - present 2012 - present 2012 - present 2012 - present 2012 - present 2012 - present 2012 - present 2012 - present 2012 - present 2012 - present 2012 - present 2012 - present 2012 - present

Reviewer, Clinical Infectious Diseases Reviewer, Critical Public Health Reviewer, Drug and Alcohol Dependence Reviewer, Drug and Alcohol Review Reviewer, Epidemiologic Reviews Reviewer, Eurosurveillance Reviewer, Health and Justice (Springer Open) Reviewer, International Journal of Drug Policy Reviewer, International Journal of Prisoner Health Reviewer, International Journal of STDs and AIDS Reviewer, International Journal of Women’s Health Reviewer, JAMA Internal Medicine Reviewer, Journal of Family Violence Reviewer, Journal of General Internal Medicine Reviewer, Journal of Immigrant and Minority Health Reviewer, Journal of International AIDS Society Reviewer, Journal of Psychoactive Drugs Reviewer, Journal of Urban Health Reviewer, Journal of Women’s Health Reviewer, Open Forum Infectious Diseases Reviewer, PLoS ONE Reviewer, Public Health Reports

Professional Service for Professional Organizations
AAMC Group on Women in Medicine and Science (GWIMS) 2016 - present Member, AAMC Group on Women in Medicine and Science (GWIMS)

American College of Physicians 2016 - present Fellow, American College of Physicians 2013 - 2016 Member, American College of Physicians

American Medical Association 2005 - present Member, American Medical Association

American Medical Women’s Association 2011 - present Member, American Medical Women’s Association

American Society of Addiction Medicine 2009 - present Member, American Society of Addiction Medicine

9

CaCsaese1:12:02-0c-vc-v0-10800738-6AKDHocDumoceunmt e1n-1t542FiFleilded030/32/11/62/020PaPgaege1919ofo2f323
Jaimie Meyer, MD, MS, FACP

Connecticut Infectious Disease Society 2011 - present Member, Connecticut Infectious Disease Society

Infectious Disease Society of America 2008 - present Member, Infectious Disease Society of America

InWomen’s Network, NIDA International Program 2013 - present Member, InWomen’s Network, NIDA International Program

New York State Medical Society 2005 - 2008 Member, New York State Medical Society

Yale University Service University Committees 2016 - 2018 Council Member, Leadership Council, Women’s Faculty Forum

Medical School Committees 2015 - 2016 Committee Member, US Health and Justice Course, Yale School of Medicine 2014 - present Committee Member, Yale Internal Medicine Traditional Residency Intern Selection
Committee

Public Service 2019 - present 2017 - present 2013 - present 2012 - present 2009 - 2011 2002 1998 - 1999

Faculty Member, Yale University Program in Addiction Medicine Faculty Member, Arthur Liman Center for Public Interest Law, Yale Law School Mentor, Women in Medicine at Yale Mentoring Program Faculty Member, Yale Center for Interdisciplinary Research on AIDS Instructor, Preclinical Clerkship Tutor, Yale School of Medicine Fellow, Soros Open Society Institute Fellow, Costa Rican Humanitarian Foundation

Bibliography:
Peer-Reviewed Original Research 1. Meyer JP, Qiu J, Chen NE, Larkin GL, Altice FL. Emergency department use by released prisoners
with HIV: an observational longitudinal study. PloS One 2012, 7:e42416. 2. Chen NE, Meyer JP, Bollinger R, Page KR. HIV testing behaviors among Latinos in Baltimore City.
Journal Of Immigrant And Minority Health / Center For Minority Public Health 2012, 14:540-51. 3. Chitsaz E, Meyer JP, Krishnan A, Springer SA, Marcus R, Zaller N, Jordan AO, Lincoln T, Flanigan TP,
Porterfield J, Altice FL. Contribution of substance use disorders on HIV treatment outcomes and antiretroviral medication adherence among HIV-infected persons entering jail. AIDS And Behavior 2013, 17 Suppl 2:S118-27.

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Jaimie Meyer, MD, MS, FACP
4. Chen NE, Meyer JP, Avery AK, Draine J, Flanigan TP, Lincoln T, Spaulding AC, Springer SA, Altice FL. Adherence to HIV treatment and care among previously homeless jail detainees. AIDS And Behavior 2013, 17:2654-66.
5. Althoff AL, Zelenev A, Meyer JP, Fu J, Brown SE, Vagenas P, Avery AK, Cruzado-Quiñones J, Spaulding AC, Altice FL. Correlates of retention in HIV care after release from jail: results from a multi-site study. AIDS And Behavior 2013, 17 Suppl 2:S156-70.
6. Williams CT, Kim S, Meyer J, Spaulding A, Teixeira P, Avery A, Moore K, Altice F, Murphy-Swallow D, Simon D, Wickersham J, Ouellet LJ. Gender differences in baseline health, needs at release, and predictors of care engagement among HIV-positive clients leaving jail. AIDS And Behavior 2013, 17 Suppl 2:S195-202.
7. Meyer JP, Wickersham JA, Fu JJ, Brown SE, Sullivan TP, Springer SA, Altice FL. Partner violence and health among HIV-infected jail detainees. International Journal Of Prisoner Health 2013, 9:124-41.
8. Meyer JP, Qiu J, Chen NE, Larkin GL, Altice FL. Frequent emergency department use among released prisoners with human immunodeficiency virus: characterization including a novel multimorbidity index. Academic Emergency Medicine : Official Journal Of The Society For Academic Emergency Medicine 2013, 20:79-88.
9. Meyer JP, Cepeda J, Springer SA, Wu J, Trestman RL, Altice FL. HIV in people reincarcerated in Connecticut prisons and jails: an observational cohort study. The Lancet. HIV 2014, 1:e77-e84.
10. Meyer JP, Zelenev A, Wickersham JA, Williams CT, Teixeira PA, Altice FL. Gender disparities in HIV treatment outcomes following release from jail: results from a multicenter study. American Journal Of Public Health 2014, 104:434-41.
11. Meyer JP, Cepeda J, Wu J, Trestman RL, Altice FL, Springer SA. Optimization of human immunodeficiency virus treatment during incarceration: viral suppression at the prison gate. JAMA Internal Medicine 2014, 174:721-9.
12. Meyer JP, Cepeda J, Taxman FS, Altice FL. Sex-Related Disparities in Criminal Justice and HIV Treatment Outcomes: A Retrospective Cohort Study of HIV-Infected Inmates. American Journal Of Public Health 2015, 105:1901-10.
13. Boyd AT, Song DL, Meyer JP, Altice FL. Emergency department use among HIV-infected released jail detainees. Journal Of Urban Health : Bulletin Of The New York Academy Of Medicine 2015, 92:10835.
14. Shrestha R, Karki P, Altice FL, Huedo-Medina TB, Meyer JP, Madden L, Copenhaver M. Correlates of willingness to initiate pre-exposure prophylaxis and anticipation of practicing safer drug- and sexrelated behaviors among high-risk drug users on methadone treatment. Drug And Alcohol Dependence 2017, 173:107-116.
15. Peasant C, Sullivan TP, Weiss NH, Martinez I, Meyer JP. Beyond the syndemic: condom negotiation and use among women experiencing partner violence. AIDS Care 2017, 29:516-523.
16. Wickersham JA, Gibson BA, Bazazi AR, Pillai V, Pedersen CJ, Meyer JP, El-Bassel N, Mayer KH, Kamarulzaman A, Altice FL. Prevalence of Human Immunodeficiency Virus and Sexually Transmitted Infections Among Cisgender and Transgender Women Sex Workers in Greater Kuala Lumpur, Malaysia: Results From a Respondent-Driven Sampling Study. Sexually Transmitted Diseases 2017, 44:663-670.
17. Hoff E, Marcus R, Bojko MJ, Makarenko I, Mazhnaya A, Altice FL, Meyer JP. The effects of opioidagonist treatments on HIV risk and social stability: A mixed methods study of women with opioid use disorder in Ukraine. Journal Of Substance Abuse Treatment 2017, 83:36-44.
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Jaimie Meyer, MD, MS, FACP
18. Rutledge R, Madden L, Ogbuagu O, Meyer JP. HIV Risk perception and eligibility for pre-exposure prophylaxis in women involved in the criminal justice system. AIDS Care 2018, 30:1282-1289.
19. Peasant C, Sullivan TP, Ritchwood TD, Parra GR, Weiss NH, Meyer JP, Murphy JG. Words can hurt: The effects of physical and psychological partner violence on condom negotiation and condom use among young women. Women & Health 2018, 58:483-497.
20. Loeliger KB, Altice FL, Desai MM, Ciarleglio MM, Gallagher C, Meyer JP. Predictors of linkage to HIV care and viral suppression after release from jails and prisons: a retrospective cohort study. The Lancet. HIV 2018, 5:e96-e106.
21. Odio CD, Carroll M, Glass S, Bauman A, Taxman FS, Meyer JP. Evaluating concurrent validity of criminal justice and clinical assessments among women on probation. Health & Justice 2018, 6:7.
22. Loeliger KB, Altice FL, Ciarleglio MM, Rich KM, Chandra DK, Gallagher C, Desai MM, Meyer JP. Allcause mortality among people with HIV released from an integrated system of jails and prisons in Connecticut, USA, 2007-14: a retrospective observational cohort study. The Lancet. HIV 2018, 5:e617-e628.
23. Loeliger KB, Meyer JP, Desai MM, Ciarleglio MM, Gallagher C, Altice FL. Retention in HIV care during the 3 years following release from incarceration: A cohort study. PLoS Medicine 2018, 15:e1002667.
24. Azbel L, Wegman MP, Polonsky M, Bachireddy C, Meyer J, Shumskaya N, Kurmanalieva A, Dvoryak S, Altice FL. Drug injection within prison in Kyrgyzstan: elevated HIV risk and implications for scaling up opioid agonist treatments. International Journal Of Prisoner Health 2018, 14:175-187.
25. Peasant C, Montanaro EA, Kershaw TS, Parra GR, Weiss NH, Meyer JP, Murphy JG, Ritchwood TD, Sullivan TP. An event-level examination of successful condom negotiation strategies among young women. Journal Of Health Psychology 2019, 24:898-908.
26. Ranjit YS, Azbel L, Krishnan A, Altice FL, Meyer JP. Evaluation of HIV risk and outcomes in a nationally representative sample of incarcerated women in Azerbaijan, Kyrgyzstan, and Ukraine. AIDS Care 2019, 31:793-797.
27. Rhodes T, Azbel L, Lancaster K, Meyer J. The becoming-methadone-body: on the onto-politics of health intervention translations. Sociology Of Health & Illness 2019, 41:1618-1636.
28. Olson B, Vincent W, Meyer JP, Kershaw T, Sikkema KJ, Heckman TG, Hansen NB. Depressive symptoms, physical symptoms, and health-related quality of life among older adults with HIV. Quality Of Life Research : An International Journal Of Quality Of Life Aspects Of Treatment, Care And Rehabilitation 2019.
Chapters, Books, and Reviews 29. Azar MM, Springer SA, Meyer JP, Altice FL. A systematic review of the impact of alcohol use
disorders on HIV treatment outcomes, adherence to antiretroviral therapy and health care utilization. Drug And Alcohol Dependence 2010, 112:178-93. 30. Meyer JP, Springer SA, Altice FL. Substance abuse, violence, and HIV in women: a literature review of the syndemic. Journal Of Women's Health (2002) 2011, 20:991-1006. 31. Meyer JP, Chen NE, Springer SA. HIV Treatment in the Criminal Justice System: Critical Knowledge and Intervention Gaps. AIDS Research And Treatment 2011, 2011:680617. 32. Springer SA, Spaulding AC, Meyer JP, Altice FL. Public health implications for adequate transitional care for HIV-infected prisoners: five essential components. Clinical Infectious Diseases : An Official Publication Of The Infectious Diseases Society Of America 2011, 53:469-79.
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Jaimie Meyer, MD, MS, FACP
33. Chen NE, Meyer JP, Springer SA. Advances in the prevention of heterosexual transmission of HIV/AIDS among women in the United States. Infectious Disease Reports 2011, 3.
34. Meyer J, Altice F. HIV in Injection and Other Drug Users. Somesh Gupta, Bhushan Kumar, eds. Sexually Transmitted Infections 2nd ed. New Delhi, India: Elsevier, 2012: 1061-80. ISBN 978-81312-2809-8.
35. Meyer JP, Althoff AL, Altice FL. Optimizing care for HIV-infected people who use drugs: evidencebased approaches to overcoming healthcare disparities. Clinical Infectious Diseases : An Official Publication Of The Infectious Diseases Society Of America 2013, 57:1309-17.
36. Meyer J, Altice F. Chapter 47, Treatment of Addictions: Transition to the Community. Robert L. Trestman, Kenneth L. Appelbaum, Jeffrey L. Metzner, eds. Oxford Textbook of Correctional Psychiatry (Winner of the 2016 Guttmacher Award). Oxford University Press 2015. ISBN 9780199360574.
37. Meyer JP, Moghimi Y, Marcus R, Lim JK, Litwin AH, Altice FL. Evidence-based interventions to enhance assessment, treatment, and adherence in the chronic Hepatitis C care continuum. The International Journal On Drug Policy 2015, 26:922-35.
38. Mohareb A, Tiberio P, Mandimika C, Muthulingam D, Meyer J. Infectious Diseases in Underserved Populations. Onyema Ogbuagu, Gerald Friedland, Merceditas Villanueva, Marjorie Golden, eds. Current Diagnosis and Treatment- Infectious Diseases. McGraw-Hill Medical 2016.
39. Meyer JP, Womack JA, Gibson B. Beyond the Pap Smear: Gender-responsive HIV Care for Women. The Yale Journal Of Biology And Medicine 2016, 89:193-203.
40. Meyer JP, Muthulingam D, El-Bassel N, Altice FL. Leveraging the U.S. Criminal Justice System to Access Women for HIV Interventions. AIDS And Behavior 2017, 21:3527-3548.
41. Shrestha R, McCoy-Redd B, Meyer J. Pre-Exposure Prophylaxis (PrEP) for People Who Inject Drugs (PWID). Brianna Norton, Ed. The Opioid Epidemic and Infectious Diseases. Elsevier 2019.
42. Meyer JP, Isaacs K, El-Shahawy O, Burlew AK, Wechsberg W. Research on women with substance use disorders: Reviewing progress and developing a research and implementation roadmap. Drug And Alcohol Dependence 2019, 197:158-163.
Peer-Reviewed Educational Materials 43. The Fortune Society Reentry Education Project Detailing Kit. New York City Department of Health
and Mental Hygiene. October 2014 44. United Nations Office on Drugs and Crime. Vienna, Austria
Invited Editorials and Commentaries 45. Meyer JP. Capsule Commentary on Pyra et al., sexual minority status and violence among HIV
infected and at-risk women. Journal Of General Internal Medicine 2014, 29:1164. 46. Brinkley-Rubinstein L, Dauria E, Tolou-Shams M, Christopoulos K, Chan PA, Beckwith CG, Parker S,
Meyer J. The Path to Implementation of HIV Pre-exposure Prophylaxis for People Involved in Criminal Justice Systems. Current HIV/AIDS Reports 2018, 15:93-95. 47. Meyer JP. The Sustained Harmful Health Effects of Incarceration for Women Living with HIV. Journal Of Women's Health (2002) 2019, 28:1017-1018.
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Jaimie Meyer, MD, MS, FACP
Case Reports, Technical Notes, Letters 48. Paul J. Bullous pemphigoid in a patient with psoriasis and possible drug reaction: a case report.
Connecticut Medicine 2004, 68:611-5. 49. How J, Azar MM, Meyer JP. Are Nectarines to Blame? A Case Report and Literature Review of
Spontaneous Bacterial Peritonitis Due to Listeria monocytogenes. Connecticut Medicine 2015, 79:31-6. 50. Vazquez Guillamet LJ, Malinis MF, Meyer JP. Emerging role of Actinomyces meyeri in brain abscesses: A case report and literature review. IDCases 2017, 10:26-29. 51. Harada K, Heaton H, Chen J, Vazquez M, Meyer J. Zoster vaccine-associated primary varicella infection in an immunocompetent host. BMJ Case Reports 2017, 2017. 52. Bernardo R, Streiter S, Tiberio P, Rodwin BA, Mohareb A, Ogbuagu O, Emu B, Meyer JP. Answer to December 2017 Photo Quiz. Journal Of Clinical Microbiology 2017, 55:3568. 53. Bernardo R, Streiter S, Tiberio P, Rodwin BA, Mohareb A, Ogbuagu O, Emu B, Meyer JP. Photo Quiz: Peripheral Blood Smear in a Ugandan Refugee. Journal Of Clinical Microbiology 2017, 55:33133314. Scholarship In Press 54. Hoff E, Adams Z, Dasgupta A, Goddard D, Sheth S, Meyer J. Reproductive Health Justice and Autonomy: A systematic review of pregnancy planning intentions, needs, and interventions among women involved in US criminal justice systems. J Women’s Health
14

Case 1:20-cv-00786 Document 1-16 Filed 03/21/20 Page 1 of 2
DECLARATION OF O.M.G.
Pursuant to 28 U.S.C. § 1746 and subject to penalty of perjury, I declare that the following is true and correct:
1. I am the plaintiff identified as O.M.G. in the above-styled matter. I am the mother of the plaintiff identified as H.F.G.M., who is four years old. My daughter and I are currently detained at the South Texas Family Residential Center, 300 El Rancho Way, Dilley, Texas, 78017. We arc from Honduras and seek asylum in the United States.
2. On February 5, 2020 I was detained by ICE in Tennessee with my daughter. I was placed in detention at the South Texas Family Residential Center on February 6, 2020.
3. I am a plaintiff in this case because I fear that I will contract the Corona virus while detained. I fear me, my daughter, and my unborn fetus will die if we become sick in detention.
4. I am almost seven months pregnant and due to deliver a little girl on June 27, 2020. I have a history of complications in pregnancy that have gone untreated while detained. I have previously had a miscarriage. Prior to my detention I was under the care of an OBGYN who placed me on four different medications, in addition to my prenatal vitamins. I have not had regular access to an OBGYN in Dilley and have been denied the medications prescribed by my prior physician while detained.
5. I have developed an infection in Dilley that causes me severe pain in my uterine and pain when I urinate. When I initially sought medical care for this pain at this jail, the medical staff advised me to drink water. I was later prescribed a cream, and subsequently antibiotics. The cream and antibiotics did not resolve my pain or end the infection. The infection has progressed and I now feel excruciating pain, not only when urinating, but when walking and standing, and in my waist.
6. On March 6, 2020 I was taken to San Antonio, Texas to meet with a gynecologist. The doctor informed me that my infection continued, and could result in another miscarriage and birth defects for my child. I was told that I am also at high risk for preeclampsia, which can lead to a stroke, seizure, fluid in my chest, heart failure, blindness, or dangerous bleeding. Preeclampsia could also cause premature birth and complications for my baby, including learning disabilities, epilepsy, cerebral palsy, and hearing and vision problems.
7. There is no gynecologist at the jail in Dilley. If I have an urgent medical need regarding my pregnancy, I would need to be transported to San Antonio, which is about an hour and a half away. I am very worried about what would happen if I go into labor while detained.
8. In addition to the challenges I face in my pregnancy, I have other medical conditions. I have a history of passing out. I have blacked out two times while detained. One time I

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passed out in the library, and one time in my room. People who have observed me when I have fainted say that I convulse. I also have severe allergies and an elevated heart rate. Currently, I feel dizzy and tired all of the time.
9. My daughter also has medical issues which have developed while detained and gone untreated. My daughter has a cough that has not subsided for four days. She coughs to the point of vomiting. Sometimes she vomits three times in one night. The doctors in this detention center have provided her with Vick’s and given her water. This has not helped and she has stopped eating.
10. I do not have access to the medical attention I need in this jail. Despite my medical condition, the facility continues to assign me the task of sweeping my dormitory, which is difficult for me because it is hard for me to move and walk. In fact, when I have told the guards that I am in pain and cannot sweep, I have been threatened with being written up.
11. I fear the Corona virus will spread quickly in this jail if one person is infected. The guards have not given us any information about the disease, or how we can protect ourselves from getting it. The jail has not increased our access to hand soap or hand sanitizer, and there are no new efforts to ensure everyone detained here washes their hands. I have not seen any heightened cleaning procedures. The contracted cleaners clean my dorm room once a week. Detained families are required to do the additional cleaning. However, we are not given supplies other than a broom.
12. I am most afraid because I cannot keep a sufficient distance from other people to keep myself safe from contracting the virus if they have it. I must be close to others all of the time. I share a room, bathroom, and the dining hall. All locations in this jail are communal.
13. Today one of my friends told me that she spoke with a guard this morning that tested positive for the Corona virus. The guard told my friend she is better now, and did not come to work for a few days while she recovered. This guard is an older white woman with glasses and blonde hair.
14. For all of these reasons, I fear for my life, and the life of my daughter and unborn child, if we remain detained. I believe our safety requires our release.
15. This declaration was read to me in Spanish by Shalyn Fluharty, an attorney with the Dilley Pro Bono Project. It is true and correct to the best of my knowledge.

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Declaration of C.L.
Pursuant to 28 U.S.C. § 1746 and subject to penalty of perjury, I declare that the following is true and correct:
1. I am the plaintiff identified as C.L. in the above-styled matter. I am the mother of the plaintiff identified as J.A. My son and I are currently detained at the South Texas Family Residential Center, 300 El Rancho Way, Dilley, Texas, 78017. I am a Haitian national; my son is a Brazilian national. We are currently seeking asylum in the United States.
2. I fled Haiti because I was threatened with death by members of my father’s family who killed my relatives and burned down our house. I fled to Brazil, where I gave birth to my son. I later had to flee Brazil because I was beaten and abused by my partner there.
3. I am scared of getting sick with the coronavirus while my son and I are detained here. We have been detained here for fifty-four days, and we are both sick. In addition, my son has asthma. I have heard that people with asthma are more at risk for the coronavirus, and I am terrified of what would happen if the coronavirus got to the detention center. There is nothing being done here to protect us from the coronavirus.
My child suffers from asthma, and the doctors here have not provided him with medication.
4. My son has suffered from asthma his entire life. He was diagnosed with asthma when he was eight or nine months old. Since then, he has taken medication and had an inhaler in order to control his asthma.
5. While I was in Mexico on my way to the United States, I lost my son’s inhaler. Shortly after I arrived at Dilley, I went to the medical clinic here and told them my son had asthma and asked them for an inhaler. They did not do any tests on my son to check on his breathing, and they did not give me an inhaler.
6. My son had an asthma attack in February 2020, while we were detained. He was struggling to breathe, so I took him to the clinic. They gave him medicine for his cough, and some allergy medication, but they did not give him an inhaler.
7. My son still has a cough and has had a cough the entire time we have been detained at Dilley. He has also developed a stuffy nose. At the moment, my son is without any form of medication for his asthma. I am terrified that he could have an asthma attack and die here because we have not been given the medication he needs.
I am suffering from heart palpitations and chest pain while in detention.

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8. I have been experiencing chest pains while I have been detained at Dilley. On several occasions, I have had episodes where I am walking and experience strong heart palpitations. When I have these episodes, I feel like it is hard to breathe, I feel pain in my chest, and I have a hard time walking and standing upright.
9. I have also started having strong headaches. There are times that my head hurts so bad that I can’t read.
Nothing is being done at the detention center to protect us from the coronavirus.
10. I am very concerned for my son’s health. Because he already has breathing problems and has been coughing for almost two months now, I am very afraid that if the coronavirus gets into the detention center, he will be in great danger.
11. I am also very concerned because the people here are doing nothing to protect us from the coronavirus. My son and I are in a room with about nine other people. We sleep very close together, and there is very little space to maintain distance from other people when we are in the room. When I am laying down in my bed, I can touch the bed next to me. My son has a cough and other people in our room also have a cough. They have never quarantined the people who have a cough.
12. I don’t know how I can avoid getting the coronavirus. I recently noticed a sign in our bathroom that says something about washing your hands, but it is only in Spanish and English. My primary language is Haitian Creole, and I haven’t received any information in Haitian Creole. No one here has talked to me about the coronavirus.
13. We have a very hard time washing our hands as well. The soap in our room runs out very quickly, and then it takes a long time for it to be replaced. There have been occasions where it is a whole day before there is more soap in the room. There is no hand sanitizer in our room. We are also not provided with disinfectant wipes to clean our room.
14. Almost everything we do here requires us to be very close together. The school is still open here, and there are about twenty children in the classroom at a time. I am scared to send my son to school for that reason. We are also all required to eat in one cafeteria, which is very crowded. Everyone is serving themselves from the same spoon and using the same pitcher. I’m afraid that by the time they notice that someone here has the virus, it will be too late because everyone will be infected.
15. I haven’t seen anyone with a facemask or with gloves. Even people that are coughing are not given facemasks. When I was at the medical clinic here last week, I saw some doctors meet with patients without facemasks.

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Rachel Pearson RachelMPearson@gmail.com
831 W Woodlawn San Antonio, TX 78212
Cell: 512-786-1847

FACULTY APPOINTMENT

2019

Assistant Professor of Pediatrics, Department of Pediatric Hospital Medicine University of Texas Health Science Center at San Antonio

Assistant Professor of Medical Humanities Center for Medical Humanities and Ethics, UT Health San Antonio

EDUCATION
2016-2019 Seattle Children’s Hospital, University of Washington Resident physician, pediatrics

2009-2016

University of Texas Medical Branch, Institute for the Medical Humanities Combined MD/PhD Program Hable Hispanic Health Care Track

2001-2006

University of Texas at Austin Bachelor of Arts, Plan 2 Honors Program cum laude, Phi Beta Kappa

RESEARCH

2018

Project Title: Quality Improvement in Resident Communication Training Designing and conducting semi-structured interviews to contribute to a qualityimprovement project in training pediatrics residents to break serious news.

2012-2016

Dissertation Title: “Medical Objectivity: The Narratives that Structure Knowledge and Identity in Medicine”
Project Description: multi-disciplinary project that distinguishes medical from scientific objectivity and proposes clinical interventions to reduce the effects of racial bias on quality of care.

2010-2011 Project Title: Characterizing the Health Effects of Family Detention Project Description: Community-based collaboration with Grassroots Leadership,

Case 1:20-cv-00786 Document 1-19 Filed 03/21/20 Page 4 of 9 Rachel Pearson Page 2
the Austin Immigrant Rights Coalition, and asylum-seeking Central American families. Correlating immigrants’ health narratives with existing research to characterize and quantify the health effects of family detention.

PEER REVIEWED PUBLICATIONS

Pending Pending Pending 2014

“To Combat Bias in Care, we Must Understand the Self: A HumanitiesBased Critique of Medical Objectivity”
“Stress, Strength and Community in Memoirs of Medical Students and Residents of Color”
“Shaking Hands, Female Hips, and Fainting in Anatomy Lab: The Body as a Threat to Medical Student Professional Identity-Formation”
“Inadvertent Stigmatization of Mental Disorders in a Primary Care Setting” (Austin, TX: Texas Medicine) Humanities-based interventions to reduce stigma for mentally ill patients in primary care clinics

ORAL AND POSTER PRESENTATIONS

2020 2020 2018 2015 2015 2014 2014

“Physician-Writers and Politics” Health Humanities Consortium (Nasville, TN)
“Mobilizing Stories for Advocacy: Law, Ethics and Policy for PhysicianWriters” Beyond Flexner 2020 (Pheonix, AZ)
“Micro-Resistance in Primary Care: Toward a Radical Welcome” GLOCAL, Houston Global Health Collaborative (Houston, TX)
“Cultivating Healers: A Creative Re-Imagining of the Medical Self” American Society for Bioethics and Humanities (Houston, TX)
“Becoming A Monster: Objectivity and Objectification in Memoirs of Hospital Wards Training,” American Society for Bioethics and Humanities (Houston, TX)
“The Health Effects of Immigrant Family Detention: What Pediatricians Need to Know” Texas Chapter of the American Academy of Pediatrics (Austin, TX)
“Can Empathetic Physicians Have Aequanimitas?” UTMB Osler Club (Galveston TX)

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2014 2014 2014 2013 2013 2013

“Power and Moral Distress at UTMB: A Community Conversation” UTMB President’s Cabinet / Students Together for Service (Galveston, TX)
“Aequanimitas and Grief of Mind: The Roman Roots of Oslerian Practice” American Osler Society (Oxford, United Kingdom)
“Meaning, Empathy and Moral Distress at Student-Run Clinics,” Society of Student-Run Free Clinics (Nashville TN)
“Ethical Issues in Correctional Managed Care” Nursing Ethics Continuing Medical Education Seminar (Galveston, TX)
“Medical Ethics in Texas Prisons” University of Texas System MD/PhD Retreat (Austin, TX)
“Psychopathy and Criminal Responsibility” American Osler Society (Tucson, AZ)

INVITED SPEECHES

2019 2019 2019 2018 2018
2017
2017

“No Apparent Distress” UT Health San Antonio (San Antonio, TX)
Galveston Reads Keynote speaker for community literacy fair (Galveston, TX)
Association of Departments of Family Medicine 2019 Conference Plenary speech and book discussion (Houston, TX)
Medicine and Society speaker: “No Apparent Distress” AAMC Learn, Lead Serve 2018 (Austin, TX)
“Physician Wellness on the Front Lines of Medicine” Plenary Speech: Shein Lecture, American Association of Directors of Psychiatry Residency Training (New Orleans, LA)
“Medical Student Advocacy in Struggling Communities” Invited speaker, the Healthcare Foundation for Humanism in Medicine at Rutgers New Jersey Medical School (Newark, NJ)
“Who We Are: Humanism in an Age of Uncertainty” Plenary Speech, Community Learning Day, the College of New Jersey (Ewing Township, NJ)

SELECTED NON-PEER REVIEWED PUBLICATIONS

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2019 2019 2018 2018 2018 2017 2017 2017 2017 2015 2015 2015 2014 2013 2012

“What a Pediatrician Can Do for an Asylum-Seeking Child—And What She Can’t” (New York: The New Yorker Online)
“The Durable Feeling that A Child is Always at Risk,” (New York: The New Yorker Online)
“Among the Vitamin K ‘Anti-Vaxxers,’” (New York: The New York Review of Books)
“The Challenge of ‘Chronic Lyme,’” (New York: The New York Review of Books)
“As a Pediatrician, I Know There’s No Way to Jail Migrant Families Without Harming Kids,” (Austin, TX: The Texas Observer)
"Seeing the Body” (Austin, TX: Texas Monthly)
"Four Timely Memoirs from the Hall of Medicine” (New York: The New York Times Book Review)
No Apparent Distress: A Doctor’s Coming-of-Age on the Front Lines of American Medicine (New York: W.W. Norton)
“When Doctors Can’t Afford to Feel” (New York: The Daily Beast)
“How Doctors can Confront Racial Bias in Medicine” (New York: Scientific American)
“Black Residents Gain Increased Access to Grocery Stores Post-Katrina” (London, U.K: The Guardian)
“Texas Abortion Law Ruling: Latinas More Likely to Avoid Clinics, SelfTerminate,” (London, U.K.: The Guardian)
“Disease Threat from Immigrant Children Wildly Overstated” (Austin, TX: Texas Observer)
“Texas’ Other Death Penalty: A Galveston Med Student Describes Life and Death in the Safety Net,” (Austin, TX: Texas Observer)
“For an Intern on Call in Houston,” (Alexandria, VA: Journal of General Internal Medicine)

TEACHING EXPERIENCE

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2015 2015 2015 2014 2014 2013 2013 2013
2011

Intro to the Medical Humanities (Teaching Assistant) Designed syllabus and co-taught 1-hour credit course for pre-medical Health Science Scholars students. Delivered 10 lectures. University of Texas at Austin
Writing as Patient Advocacy (Lecture) Texas Interdisciplinary Plan, University of Texas at Austin
Poetry Workshop for Pre-Medical Students (Workshop) Workshop, Joint Admissions Medical Program, UTMB
Physician-Poets and Poetry in Medical Care (Workshop) Health Science Scholars, University of Texas at Austin
Poetry Workshop for Pre-Medical Students (Workshop) Joint Admissions Medical Program, UTMB
Humanities, Ethics and Professionalism (Teaching Assistant) Led small-group discussions on ethics and humanities for second-year med students, UTMB
Creative Expressions Project (Graduate Student Mentor) Mentored medical student artists in various media, UTMB
Medical Ethics (Course Instructor) Co-designed and co-taught six-week ethics course for Joint Admissions Medical Program students, with focus on learning ethics through literature and art. UTMB
Community Service Learning Track (Course Director) Designed and facilitated lectures on indigent care, history of medicine, and medical economics for student volunteers in indigent care. UTMB

SELECTED MEDIA APPEARANCES / HEALTH ADVOCACY

2017
2017 2015 2014

KUOW, KUTX, WNPR, Minnesota Public Radio, etc Spoke on radio shows across the country about No Apparent Distress and health policy affecting working-class families
C-SPAN Book TV
Public Radio International, The World Interviewed about vaccination policies for immigrants to the U.S.
MSNBC, The Chris Hayes Show Addressed myths about immigrant children bringing disease

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2014

ABC News, Straight Talk with John McCaa Discussed Texas policy of detaining immigrant children

2014

American Civil Liberties Union, ACLU Podcast

2014

Pacifica Radio, Background Briefing with Ian Masters

2014

Texas Public Radio, Texas Matters

2013

Atlantic Media, The Atlantic Interviewed for a story on Texas’ refusal to expand Medicaid

2013

Texas Democracy Foundation, Observer Radio

HONORS & AWARDS

2018

Anson Jones Award, Texas Medical Association Award for physician-writers

2017

Editor’s Choice, New York Times Book Review For No Apparent Distress, non-fiction book

2014

Anson Jones Award, Texas Medical Association

2013 2013 2012 2012 2010
2005 2005

Dr. David C. Eiland Jr. Scholarship Award in Health Care and Humanities Competitive Academic Scholarship
Robert Harrison, M.D. Memorial M.D./Ph.D. Scholarship Competitive Academic Scholarship
Gold Humanism Honor Society
Humanism in Surgery Award, UTMB Austin
Osler Student Scholar, John P. McGovern Academy of Oslerian Medicine Award for compassionate care, professionalism, and incorporation of a sound scientific basis of care.
Robert C. Solomon Scholarship for Excellence in the Arts and Philosophy
Academy of American Poets Award, University of Texas at Austin

VOLUNTEER ACTIVITIES
2017-2018 Founding member, Inklings resident reflective-writing group Provides reflective writing and arts-in-medicine services for resident wellness

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gatherings, humanism in pediatrics events, and small-group sessions

2012-2016 Assistant Deputy Web Editor, Journal of General Internal Medicine

2013-2014

Co-Director, St. Vincent’s Student-Run Free Clinic (15 hrs/wk) Volunteer coordinator. Mentored medical, nursing and PA students. Re-designed and ran training workshops to address social determinants of health and bias/stigma in indigent care. Coordinated primary and speciality care for complex patients. Liaison with social services, Medicaid, food pantry etc.

2012-2013

Junior Director, St. Vincent’s Student-Run Free Clinic (8 hrs/wk) Mentored pre-clinical students on providing technically and socially competent care to uninsured patients.

2009-2011 Student provider, St. Vincent’s Student-Run Free Clinic (4 hrs/wk) Provided direct care under faculty and senior student supervision.

PROFESSIONAL ORGANIZATIONS
American Society for Bioethics and Humanities Gold Humanism Honor Society American Academy of Pediatrics

LANGUAGES Spanish: ALTA certified with “native-like fluency” in medical Spanish

PERSONAL INTERESTS Reading, camping, art museums, animal sightings.

Case 1:20-cv-00786 Document 1-20 Filed 03/21/20 Page 1 of 3

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

O.M.G., et al.,

Case No. 1:20-cv-00786

Petitioners, v.
Chad WOLF, Acting Secretary of the Department of Homeland Security, et al.
Respondents.

EMERGENCY VERIFIED PETITION FOR A WRIT OF MANDAMUS AND COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF

DECLARATION OF ATTORNEY AMY MALDONADO
I, Amy Maldonado, hereby declare under penalty of perjury as prescribed in 28 U.S.C. §
1746 as follows:
1. On Wednesday, March 17, 2020, counsel for the Petitioners and I were contacted regarding the urgent situation engendered by the COVID-19 coronavirus pandemic, with insufficient precautions placing families at risk at the three family residential centers (Dilley, Berks and Karnes). We began gathering lists of potential plaintiffs.
2. On Thursday, March 18, 2020, counsel for the Petitioners and I finalized a tentative list of plaintiffs, had several planning calls, and began drafting the Petition in this case overnight. I was delegated the responsibility for complying with the Flores Settlement Agreement notice and meet and confer requirements for the minor Petitioners.
3. At 7:33 p.m. EST on the evening of Thursday, March 19, 2020, I sent an e-mail to Erez Reuveni, Assistant Director, U.S. Department of Justice Office of Immigration Litigation to notify him of the current and ongoing violations of the minor Petitioners rights under the Flores Settlement with regard to the Respondents’ treatment of them under the current COVID-19 coranavirus pandemic conditions, and to notify him of the imminent litigation being drafted on an emergency basis. I stated in that e-mail that I would be faxing the required letter noticing the government of Flores violations on Friday, March 20, 2020. From that time through the signing of this declaration at approximately 8:19 p.m. EST on Saturday, March 21 2020, I have not received any response from Mr. Reuveni, including any auto-response that would indicate that he is out of the office or not checking his e-mail.
4. On the evening of Thursday, March 19, 2020, I contacted Sarah B. Fabian, Senior Litigation Counsel, U.S. Department of Justice Office of Immigration Litigation – District Court Section, to confer with her by telephone regarding the violations of the minor Petitioners rights under the Flores Settlement with regard to the Respondents’ treatment of them under the current COVID-19 coranvirus pandemic conditions, and to notify her of the imminent litigation on an emergency basis. I was able to reach her and speak to her personally, and Ms. Fabian stated to me
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that, of course, since the petition was still being drafted and had not been filed, she has not been assigned to this case. Further, she advised that she may be conflicted out of litigation related to the COVID-19 coronavirus.
5. The team of attorneys for the Petitioners has been continuously drafting the Emergency Verified Petition for Mandamus and Complaint for Declaratory and Injunctive relief and gathering facts and witness/expert declarations, as well as drafting various other motions and memoranda from that time through the present.
6. On Friday, March 20, 2020, at 11:53 a.m. I attempted to contact Assistant U.S. Attorney Christopher Hair at his office number and on his mobile. He did not answer his work phone and was unavailable per the automatic message of the wireless network.
7. On Friday, March 20, 2020, I faxed letters formally notifying the Respondents of their violations of the Flores Settlement Agreement. Because I did not receive a final list of the minor Petitioners until late that afternoon, the faxes were sent at 4:35 p.m. EST to the U.S. Department of Justice Office of Immigration Litigation (“DOJ OIL”), and at 4:36 p.m. EST to the Office of the U.S. Attorney, Civil Division, for the District of Columbia. I contemporaneously called the Office of the U.S. Attorney for the District of Columbia, was unable to get a person on the line, and left a message. From that time through the signing of this declaration at approximately 8:19 p.m. EST on Saturday, March 21, 2020, I have not received any response to my faxes or to my phone call.
8. On Saturday, March 21, 2020, based on my concern that we give the Respondents as much notice as possible of the issues we are raising in our litigation on an emergency basis, and given the telework situation due to the pandemic, at 11:33 a.m. EST I e-mailed: (a) the faxes; and (b) a copy of a March 19, 2020 letter to Congress from Dr. Scott A. Allen, MD, FACP, Professor Emeritus, University of California, School of Medicine, Medical Subject Matter Expert, CRCL, DHS and Dr. Josiah D. Rich, MD, MPH, Professor of Medicine and Epidemiology, The Warren Alpert Medical School of Brown University, Medical Subject Matter Expert, CRCL, DHS, to everyone for whom I have an e-mail address who works at DOJ OIL or the Office of the U.S. Attorney, Civil Division, for the District of Columbia. Those persons are: (1) for DOJ OIL, Erez Reuveni, Sarah Fabian, Archith Ramkumar, and Joshua Press; and (2) for the Office of the U.S. Attorney for the District of Columbia, Civil Division, Daniel F. Van Horn, Chief of the Civil Division, and AUSAs Christopher Hair, Nicole Murley, and Cara Alsterberg.
9. I inadvertently made an error in Mr. Van Horn’s e-mail address, and forwarded the original e-mail to the correct address at 11:36 a.m. EST. (without the March 19, 2020 letter to Congress). From the time that I sent the first e-mail through the signing of this declaration at approximately 8:19 p.m. EST on Saturday, March 21, 2020, I have not received any response to my e-mail.
10. On Saturday, March 21, 2020, at 11:54 a.m. EST I called DOJ OIL attorney Joshua Press on his cell phone, which I had from prior litigation. I was able to reach him and speak to him personally, and I expressed my request that he alert whoever may be the duty
2

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attorney for the weekend for DOJ OIL regarding the imminent litigation and request for emergency relief. Mr. Press acknowledged the request.
11. On Saturday, March 21, 2020, at 5:48 p.m., I followed the directions on the website for the Office of the U.S. Attorney for the District of Columbia, Civil Division, which state “In an emergency outside normal business hours when no one can be reached at the Civil Division’s general telephone number, contact the Department of Justice Command Center at (202) 514-5000.” I spoke to “Jay.”
12. At 6:06 p.m. EST, “Jay” from the Department of Justice Command Center returned my call, indicated that he was able to contact someone in the office of the U.S. Attorney, and that he would take my cell phone number and e-mail down, and that person would reach out to me. From the time that I received that call through the signing of this declaration at approximately 8:19 p.m. EST on Saturday, March 21, 2020, I have not received any e-mail or telephone call.
13. Counsel for the Petitioners has worked tirelessly to finalize the Emergency Petition and other pleadings in this case. It was simply impossible to do so and gather the volume of expert and witness testimony that we have by the end of business on Friday, March 20, 2020.
14. I have made every effort possible to apprise the Respondents of the substance of the Petitioners’ concerns, have made every effort to reach an attorney for the Respondents, and have spoken with two DOJ OIL attorneys (Sarah Fabian and Joshua Press) who are not assigned to this matter. Upon scheduling of an emergency hearing, I will continue to make every effort to contact DOJ OIL and the Office of the U.S. Attorney for the District of Columbia, Civil Division so that they may participate.
Executed on March 21, 2020 in East Lansing, Michigan.
By: /s/ Amy Maldonado Amy Maldonado (IL #6256961)
Amy Maldonado, Of Counsel ** ALDEA - THE PEOPLE’S JUSTICE CENTER 532 Walnut Street Reading, PA 19601 Phone: (484) 877-8002 Fax: (484) 926-2032 Email: amy@aldeapjc.org
Attorney for Petitioners **Application for admission pro hac vice forthcoming
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 U.S. District Court District of Columbia (Washington, DC) CIVIL DOCKET FOR CASE #: 1:20-cv-00786-JEB

O.M.G. et al v. WOLF et al Assigned to: Judge James E. Boasberg Cause: 28:1361 Petition for Writ of Mandamus

Date Filed: 03/21/2020 Jury Demand: None Nature of Suit: 465 Immigration: Other Immigration Actions Jurisdiction: U.S. Government Defendant

Petitioner
O.M.G. TERMINATED: 03/29/2020

represented by Manoj Govindaiah REFUGEE AND IMMIGRANT CENTER FOR EDUCATON AND LEGAL SERVICES 802 Kentucky Avenue San Antonio, TX 78201 United Sta 210-787-3745 Fax: 210-787-3745 Email: manoj.govindaiah@raicestexas.org LEAD ATTORNEY ATTORNEY TO BE NOTICED

Susan Baker Manning MORGAN, LEWIS & BOCKIUS LLP 1111 Pennsylvania Avenue, NW Washington, DC 20004-2541 (202) 373-6172 Fax: (202) 373-6472 Email: susan.manning@morganlewis.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Amy Maldonado LAW OFFICE OF AMY MALDONADO 333 Albert Avenue Suite 610 East Lansing, MI 48823

Petitioner
H.G.M. a minor TERMINATED: 03/29/2020

(517) 803-2870 Email: amy@amaldonadolaw.com PRO HAC VICE ATTORNEY TO BE NOTICED
Curtis F.J. Doebbler RAICES 802 Kentucky Avenue San Antonio, TX 78201 (210) 226-7722 ext. 171 Email: curtis.doebbler@raicestexas.org ATTORNEY TO BE NOTICED
Gregory P. Copeland RAPID DEFENSE NETWORK 11 Broadway Suite 615 New York, NY 10004 (212) 843-0910 Fax: (212) 257-7033 Email: gregory_copeland@alumni.brown.edu TERMINATED: 01/27/2021
Sarah Telo Gillman RAPID DEFENSE NETWORK 11 Broadway Suite 615 New York, NY 10004 212-843-0910 Fax: 212-257-7033 Email: sarah@defensenetwork.org ATTORNEY TO BE NOTICED
represented by Manoj Govindaiah (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Susan Baker Manning (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Petitioner C.L.

Amy Maldonado (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Curtis F.J. Doebbler (See above for address) ATTORNEY TO BE NOTICED
Gregory P. Copeland (See above for address) TERMINATED: 01/27/2021
Sarah Telo Gillman (See above for address) ATTORNEY TO BE NOTICED
represented by Manoj Govindaiah (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Susan Baker Manning (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Amy Maldonado (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Curtis F.J. Doebbler (See above for address) ATTORNEY TO BE NOTICED
Gregory P. Copeland (See above for address) TERMINATED: 01/27/2021
Karon Nicole Fowler MORGAN LEWIS & BOCKIUS 77 West Wacker Dr. Chicago, IL 60601 312-324-1000

Petitioner
J.A. a minor

Fax: 312-324-1001 Email: karon.fowler@morganlewis.com TERMINATED: 06/25/2020
Maria Doukas MORGAN LEWIS & BOCKISUS 77 W. Wacker Dr. Chicago, IL 60601 312-324-1000 Email: maria.doukas@morganlewis.com ATTORNEY TO BE NOTICED
Michael Sikora MORGAN, LEWIS & BOCKIUS LLP 77 West Wacker Drive Suite 500 Chicago, IL 60601 312-324-1482 Email: michael.sikora@morganlewis.com ATTORNEY TO BE NOTICED
Sanjay Krishna Murthy MORGAN LEWIS & BOCKISUS 77 W. Wacker Dr. Chicago, IL 60601 312-324-1448 Email: sanjay.murthy@morganlewis.com ATTORNEY TO BE NOTICED
Sarah Telo Gillman (See above for address) ATTORNEY TO BE NOTICED
represented by Manoj Govindaiah (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Susan Baker Manning (See above for address)

Petitioner
M.C. TERMINATED: 03/29/2020

LEAD ATTORNEY ATTORNEY TO BE NOTICED
Amy Maldonado (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Curtis F.J. Doebbler (See above for address) ATTORNEY TO BE NOTICED
Gregory P. Copeland (See above for address) TERMINATED: 01/27/2021
Karon Nicole Fowler (See above for address) TERMINATED: 06/25/2020
Maria Doukas (See above for address) ATTORNEY TO BE NOTICED
Michael Sikora (See above for address) ATTORNEY TO BE NOTICED
Sanjay Krishna Murthy (See above for address) ATTORNEY TO BE NOTICED
Sarah Telo Gillman (See above for address) ATTORNEY TO BE NOTICED
represented by Manoj Govindaiah (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Susan Baker Manning (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Petitioner
G.L.C. a minor TERMINATED: 03/29/2020

Amy Maldonado (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Curtis F.J. Doebbler (See above for address) ATTORNEY TO BE NOTICED
Gregory P. Copeland (See above for address) TERMINATED: 01/27/2021
Sarah Telo Gillman (See above for address) ATTORNEY TO BE NOTICED
represented by Manoj Govindaiah (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Susan Baker Manning (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Amy Maldonado (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Curtis F.J. Doebbler (See above for address) ATTORNEY TO BE NOTICED
Gregory P. Copeland (See above for address) TERMINATED: 01/27/2021
Sarah Telo Gillman (See above for address) ATTORNEY TO BE NOTICED

Petitioner A.H.R.
Petitioner

represented by Manoj Govindaiah (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Susan Baker Manning (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Amy Maldonado (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Curtis F.J. Doebbler (See above for address) ATTORNEY TO BE NOTICED
Gregory P. Copeland (See above for address) TERMINATED: 01/27/2021
Karon Nicole Fowler (See above for address) TERMINATED: 06/25/2020
Maria Doukas (See above for address) ATTORNEY TO BE NOTICED
Michael Sikora (See above for address) ATTORNEY TO BE NOTICED
Sanjay Krishna Murthy (See above for address) ATTORNEY TO BE NOTICED
Sarah Telo Gillman (See above for address) ATTORNEY TO BE NOTICED

J.H.R. a minor
Petitioner N.V.

represented by Manoj Govindaiah (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Susan Baker Manning (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Amy Maldonado (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Curtis F.J. Doebbler (See above for address) ATTORNEY TO BE NOTICED
Gregory P. Copeland (See above for address) TERMINATED: 01/27/2021
Karon Nicole Fowler (See above for address) TERMINATED: 06/25/2020
Maria Doukas (See above for address) ATTORNEY TO BE NOTICED
Michael Sikora (See above for address) ATTORNEY TO BE NOTICED
Sanjay Krishna Murthy (See above for address) ATTORNEY TO BE NOTICED
Sarah Telo Gillman (See above for address) ATTORNEY TO BE NOTICED
represented by Manoj Govindaiah (See above for address)

Petitioner
Z.F. a minor

LEAD ATTORNEY ATTORNEY TO BE NOTICED
Susan Baker Manning (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Amy Maldonado (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Curtis F.J. Doebbler (See above for address) ATTORNEY TO BE NOTICED
Gregory P. Copeland (See above for address) TERMINATED: 01/27/2021
Karon Nicole Fowler (See above for address) TERMINATED: 06/25/2020
Maria Doukas (See above for address) ATTORNEY TO BE NOTICED
Michael Sikora (See above for address) ATTORNEY TO BE NOTICED
Sanjay Krishna Murthy (See above for address) ATTORNEY TO BE NOTICED
Sarah Telo Gillman (See above for address) ATTORNEY TO BE NOTICED
represented by Manoj Govindaiah (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Petitioner R.S.J.

Susan Baker Manning (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Amy Maldonado (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Curtis F.J. Doebbler (See above for address) ATTORNEY TO BE NOTICED
Gregory P. Copeland (See above for address) TERMINATED: 01/27/2021
Karon Nicole Fowler (See above for address) TERMINATED: 06/25/2020
Maria Doukas (See above for address) ATTORNEY TO BE NOTICED
Michael Sikora (See above for address) ATTORNEY TO BE NOTICED
Sanjay Krishna Murthy (See above for address) ATTORNEY TO BE NOTICED
Sarah Telo Gillman (See above for address) ATTORNEY TO BE NOTICED
represented by Manoj Govindaiah (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Susan Baker Manning

Petitioner
S.A. a minor

(See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Amy Maldonado (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Curtis F.J. Doebbler (See above for address) ATTORNEY TO BE NOTICED
Gregory P. Copeland (See above for address) TERMINATED: 01/27/2021
Karon Nicole Fowler (See above for address) TERMINATED: 06/25/2020
Maria Doukas (See above for address) ATTORNEY TO BE NOTICED
Michael Sikora (See above for address) ATTORNEY TO BE NOTICED
Sanjay Krishna Murthy (See above for address) ATTORNEY TO BE NOTICED
Sarah Telo Gillman (See above for address) ATTORNEY TO BE NOTICED
represented by Manoj Govindaiah (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Susan Baker Manning (See above for address) LEAD ATTORNEY

Petitioner
A.L.M. TERMINATED: 03/29/2020

ATTORNEY TO BE NOTICED
Amy Maldonado (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Curtis F.J. Doebbler (See above for address) ATTORNEY TO BE NOTICED
Gregory P. Copeland (See above for address) TERMINATED: 01/27/2021
Karon Nicole Fowler (See above for address) TERMINATED: 06/25/2020
Maria Doukas (See above for address) ATTORNEY TO BE NOTICED
Michael Sikora (See above for address) ATTORNEY TO BE NOTICED
Sanjay Krishna Murthy (See above for address) ATTORNEY TO BE NOTICED
Sarah Telo Gillman (See above for address) ATTORNEY TO BE NOTICED
represented by Manoj Govindaiah (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Susan Baker Manning (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Petitioner A.M.M. a minor TERMINATED: 03/29/2020
Petitioner

Amy Maldonado (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Curtis F.J. Doebbler (See above for address) ATTORNEY TO BE NOTICED
Gregory P. Copeland (See above for address) TERMINATED: 01/27/2021
Sarah Telo Gillman (See above for address) ATTORNEY TO BE NOTICED
represented by Manoj Govindaiah (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Susan Baker Manning (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Amy Maldonado (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Curtis F.J. Doebbler (See above for address) ATTORNEY TO BE NOTICED
Gregory P. Copeland (See above for address) TERMINATED: 01/27/2021
Sarah Telo Gillman (See above for address) ATTORNEY TO BE NOTICED

G.A.Q.
Petitioner N.N.A. a minor

represented by Manoj Govindaiah (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Susan Baker Manning (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Amy Maldonado (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Curtis F.J. Doebbler (See above for address) ATTORNEY TO BE NOTICED
Gregory P. Copeland (See above for address) TERMINATED: 01/27/2021
Karon Nicole Fowler (See above for address) TERMINATED: 06/25/2020
Maria Doukas (See above for address) ATTORNEY TO BE NOTICED
Michael Sikora (See above for address) ATTORNEY TO BE NOTICED
Sanjay Krishna Murthy (See above for address) ATTORNEY TO BE NOTICED
Sarah Telo Gillman (See above for address) ATTORNEY TO BE NOTICED
represented by Manoj Govindaiah (See above for address)

Petitioner
A.A.Q. a minor

LEAD ATTORNEY ATTORNEY TO BE NOTICED
Susan Baker Manning (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Amy Maldonado (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Curtis F.J. Doebbler (See above for address) ATTORNEY TO BE NOTICED
Gregory P. Copeland (See above for address) TERMINATED: 01/27/2021
Karon Nicole Fowler (See above for address) TERMINATED: 06/25/2020
Maria Doukas (See above for address) ATTORNEY TO BE NOTICED
Michael Sikora (See above for address) ATTORNEY TO BE NOTICED
Sanjay Krishna Murthy (See above for address) ATTORNEY TO BE NOTICED
Sarah Telo Gillman (See above for address) ATTORNEY TO BE NOTICED
represented by Manoj Govindaiah (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Petitioner N.M.L.

Susan Baker Manning (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Amy Maldonado (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Curtis F.J. Doebbler (See above for address) ATTORNEY TO BE NOTICED
Gregory P. Copeland (See above for address) TERMINATED: 01/27/2021
Karon Nicole Fowler (See above for address) TERMINATED: 06/25/2020
Maria Doukas (See above for address) ATTORNEY TO BE NOTICED
Michael Sikora (See above for address) ATTORNEY TO BE NOTICED
Sanjay Krishna Murthy (See above for address) ATTORNEY TO BE NOTICED
Sarah Telo Gillman (See above for address) ATTORNEY TO BE NOTICED
represented by Manoj Govindaiah (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Susan Baker Manning

Petitioner
A.R.M. a minor

(See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Amy Maldonado (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Curtis F.J. Doebbler (See above for address) ATTORNEY TO BE NOTICED
Gregory P. Copeland (See above for address) TERMINATED: 01/27/2021
Karon Nicole Fowler (See above for address) TERMINATED: 06/25/2020
Maria Doukas (See above for address) ATTORNEY TO BE NOTICED
Michael Sikora (See above for address) ATTORNEY TO BE NOTICED
Sanjay Krishna Murthy (See above for address) ATTORNEY TO BE NOTICED
Sarah Telo Gillman (See above for address) ATTORNEY TO BE NOTICED
represented by Manoj Govindaiah (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Susan Baker Manning (See above for address) LEAD ATTORNEY

Petitioner M.R.A.

ATTORNEY TO BE NOTICED
Amy Maldonado (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Curtis F.J. Doebbler (See above for address) ATTORNEY TO BE NOTICED
Gregory P. Copeland (See above for address) TERMINATED: 01/27/2021
Karon Nicole Fowler (See above for address) TERMINATED: 06/25/2020
Maria Doukas (See above for address) ATTORNEY TO BE NOTICED
Michael Sikora (See above for address) ATTORNEY TO BE NOTICED
Sanjay Krishna Murthy (See above for address) ATTORNEY TO BE NOTICED
Sarah Telo Gillman (See above for address) ATTORNEY TO BE NOTICED
represented by Manoj Govindaiah (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Susan Baker Manning (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Petitioner
L.C.R. a minor

Amy Maldonado (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Curtis F.J. Doebbler (See above for address) ATTORNEY TO BE NOTICED
Gregory P. Copeland (See above for address) TERMINATED: 01/27/2021
Karon Nicole Fowler (See above for address) TERMINATED: 06/25/2020
Maria Doukas (See above for address) ATTORNEY TO BE NOTICED
Michael Sikora (See above for address) ATTORNEY TO BE NOTICED
Sanjay Krishna Murthy (See above for address) ATTORNEY TO BE NOTICED
Sarah Telo Gillman (See above for address) ATTORNEY TO BE NOTICED
represented by Manoj Govindaiah (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Susan Baker Manning (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Amy Maldonado (See above for address)

Petitioner J.S.P.

PRO HAC VICE ATTORNEY TO BE NOTICED
Curtis F.J. Doebbler (See above for address) ATTORNEY TO BE NOTICED
Gregory P. Copeland (See above for address) TERMINATED: 01/27/2021
Karon Nicole Fowler (See above for address) TERMINATED: 06/25/2020
Maria Doukas (See above for address) ATTORNEY TO BE NOTICED
Michael Sikora (See above for address) ATTORNEY TO BE NOTICED
Sanjay Krishna Murthy (See above for address) ATTORNEY TO BE NOTICED
Sarah Telo Gillman (See above for address) ATTORNEY TO BE NOTICED
represented by Manoj Govindaiah (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Susan Baker Manning (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Amy Maldonado (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED

Petitioner
M.A.S. a minor

Curtis F.J. Doebbler (See above for address) ATTORNEY TO BE NOTICED
Gregory P. Copeland (See above for address) TERMINATED: 01/27/2021
Karon Nicole Fowler (See above for address) TERMINATED: 06/25/2020
Maria Doukas (See above for address) ATTORNEY TO BE NOTICED
Michael Sikora (See above for address) ATTORNEY TO BE NOTICED
Sanjay Krishna Murthy (See above for address) ATTORNEY TO BE NOTICED
Sarah Telo Gillman (See above for address) ATTORNEY TO BE NOTICED
represented by Manoj Govindaiah (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Susan Baker Manning (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Amy Maldonado (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Curtis F.J. Doebbler

Petitioner K.N.E.

(See above for address) ATTORNEY TO BE NOTICED
Gregory P. Copeland (See above for address) TERMINATED: 01/27/2021
Karon Nicole Fowler (See above for address) TERMINATED: 06/25/2020
Maria Doukas (See above for address) ATTORNEY TO BE NOTICED
Michael Sikora (See above for address) ATTORNEY TO BE NOTICED
Sanjay Krishna Murthy (See above for address) ATTORNEY TO BE NOTICED
Sarah Telo Gillman (See above for address) ATTORNEY TO BE NOTICED
represented by Manoj Govindaiah (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Susan Baker Manning (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Amy Maldonado (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Curtis F.J. Doebbler (See above for address) ATTORNEY TO BE NOTICED

Petitioner
E.A.N. a minor

Gregory P. Copeland (See above for address) TERMINATED: 01/27/2021
Karon Nicole Fowler (See above for address) TERMINATED: 06/25/2020
Maria Doukas (See above for address) ATTORNEY TO BE NOTICED
Michael Sikora (See above for address) ATTORNEY TO BE NOTICED
Sanjay Krishna Murthy (See above for address) ATTORNEY TO BE NOTICED
Sarah Telo Gillman (See above for address) ATTORNEY TO BE NOTICED
represented by Manoj Govindaiah (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Susan Baker Manning (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Amy Maldonado (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Curtis F.J. Doebbler (See above for address) ATTORNEY TO BE NOTICED
Gregory P. Copeland

Petitioner K.P.P.

(See above for address) TERMINATED: 01/27/2021
Karon Nicole Fowler (See above for address) TERMINATED: 06/25/2020
Maria Doukas (See above for address) ATTORNEY TO BE NOTICED
Michael Sikora (See above for address) ATTORNEY TO BE NOTICED
Sanjay Krishna Murthy (See above for address) ATTORNEY TO BE NOTICED
Sarah Telo Gillman (See above for address) ATTORNEY TO BE NOTICED
represented by Manoj Govindaiah (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Susan Baker Manning (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Amy Maldonado (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Curtis F.J. Doebbler (See above for address) ATTORNEY TO BE NOTICED
Gregory P. Copeland (See above for address) TERMINATED: 01/27/2021

Petitioner
M.P.P. a minor

Karon Nicole Fowler (See above for address) TERMINATED: 06/25/2020
Maria Doukas (See above for address) ATTORNEY TO BE NOTICED
Michael Sikora (See above for address) ATTORNEY TO BE NOTICED
Sanjay Krishna Murthy (See above for address) ATTORNEY TO BE NOTICED
Sarah Telo Gillman (See above for address) ATTORNEY TO BE NOTICED
represented by Manoj Govindaiah (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Susan Baker Manning (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Amy Maldonado (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Curtis F.J. Doebbler (See above for address) ATTORNEY TO BE NOTICED
Gregory P. Copeland (See above for address) TERMINATED: 01/27/2021
Karon Nicole Fowler

Petitioner
I.P.P. a minor

(See above for address) TERMINATED: 06/25/2020
Maria Doukas (See above for address) ATTORNEY TO BE NOTICED
Michael Sikora (See above for address) ATTORNEY TO BE NOTICED
Sanjay Krishna Murthy (See above for address) ATTORNEY TO BE NOTICED
Sarah Telo Gillman (See above for address) ATTORNEY TO BE NOTICED
represented by Manoj Govindaiah (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Susan Baker Manning (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Amy Maldonado (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Curtis F.J. Doebbler (See above for address) ATTORNEY TO BE NOTICED
Gregory P. Copeland (See above for address) TERMINATED: 01/27/2021
Karon Nicole Fowler (See above for address) TERMINATED: 06/25/2020

Petitioner M.C.M.

Maria Doukas (See above for address) ATTORNEY TO BE NOTICED
Michael Sikora (See above for address) ATTORNEY TO BE NOTICED
Sanjay Krishna Murthy (See above for address) ATTORNEY TO BE NOTICED
Sarah Telo Gillman (See above for address) ATTORNEY TO BE NOTICED
represented by Manoj Govindaiah (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Susan Baker Manning (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Amy Maldonado (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Curtis F.J. Doebbler (See above for address) ATTORNEY TO BE NOTICED
Gregory P. Copeland (See above for address) TERMINATED: 01/27/2021
Karon Nicole Fowler (See above for address) TERMINATED: 06/25/2020
Maria Doukas

Petitioner
S.M.C. a minor

(See above for address) ATTORNEY TO BE NOTICED
Michael Sikora (See above for address) ATTORNEY TO BE NOTICED
Sanjay Krishna Murthy (See above for address) ATTORNEY TO BE NOTICED
Sarah Telo Gillman (See above for address) ATTORNEY TO BE NOTICED
represented by Manoj Govindaiah (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Susan Baker Manning (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Amy Maldonado (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Curtis F.J. Doebbler (See above for address) ATTORNEY TO BE NOTICED
Gregory P. Copeland (See above for address) TERMINATED: 01/27/2021
Karon Nicole Fowler (See above for address) TERMINATED: 06/25/2020
Maria Doukas (See above for address) ATTORNEY TO BE NOTICED

Petitioner C.C.G.

Michael Sikora (See above for address) ATTORNEY TO BE NOTICED
Sanjay Krishna Murthy (See above for address) ATTORNEY TO BE NOTICED
Sarah Telo Gillman (See above for address) ATTORNEY TO BE NOTICED
represented by Manoj Govindaiah (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Susan Baker Manning (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Amy Maldonado (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Curtis F.J. Doebbler (See above for address) ATTORNEY TO BE NOTICED
Gregory P. Copeland (See above for address) TERMINATED: 01/27/2021
Karon Nicole Fowler (See above for address) TERMINATED: 06/25/2020
Maria Doukas (See above for address) ATTORNEY TO BE NOTICED
Michael Sikora

Petitioner
E.C.G. a minor

(See above for address) ATTORNEY TO BE NOTICED
Sanjay Krishna Murthy (See above for address) ATTORNEY TO BE NOTICED
Sarah Telo Gillman (See above for address) ATTORNEY TO BE NOTICED
represented by Manoj Govindaiah (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Susan Baker Manning (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Amy Maldonado (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Curtis F.J. Doebbler (See above for address) ATTORNEY TO BE NOTICED
Gregory P. Copeland (See above for address) TERMINATED: 01/27/2021
Karon Nicole Fowler (See above for address) TERMINATED: 06/25/2020
Maria Doukas (See above for address) ATTORNEY TO BE NOTICED
Michael Sikora (See above for address) ATTORNEY TO BE NOTICED

Petitioner B.C.A. TERMINATED: 03/29/2020
Petitioner G.S.C. a minor TERMINATED: 03/29/2020

Sanjay Krishna Murthy (See above for address) ATTORNEY TO BE NOTICED
Sarah Telo Gillman (See above for address) ATTORNEY TO BE NOTICED
represented by Manoj Govindaiah (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Susan Baker Manning (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Amy Maldonado (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Curtis F.J. Doebbler (See above for address) ATTORNEY TO BE NOTICED
Gregory P. Copeland (See above for address) TERMINATED: 01/27/2021
Sarah Telo Gillman (See above for address) ATTORNEY TO BE NOTICED
represented by Manoj Govindaiah (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Susan Baker Manning (See above for address)

Petitioner S.J.A.

LEAD ATTORNEY ATTORNEY TO BE NOTICED
Amy Maldonado (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Curtis F.J. Doebbler (See above for address) ATTORNEY TO BE NOTICED
Gregory P. Copeland (See above for address) TERMINATED: 01/27/2021
Sarah Telo Gillman (See above for address) ATTORNEY TO BE NOTICED
represented by Manoj Govindaiah (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Susan Baker Manning (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Amy Maldonado (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Curtis F.J. Doebbler (See above for address) ATTORNEY TO BE NOTICED
Gregory P. Copeland (See above for address) TERMINATED: 01/27/2021
Karon Nicole Fowler (See above for address)

Petitioner
W.A.A. a minor

TERMINATED: 06/25/2020
Maria Doukas (See above for address) ATTORNEY TO BE NOTICED
Michael Sikora (See above for address) ATTORNEY TO BE NOTICED
Sanjay Krishna Murthy (See above for address) ATTORNEY TO BE NOTICED
Sarah Telo Gillman (See above for address) ATTORNEY TO BE NOTICED
represented by Manoj Govindaiah (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Susan Baker Manning (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Amy Maldonado (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Curtis F.J. Doebbler (See above for address) ATTORNEY TO BE NOTICED
Gregory P. Copeland (See above for address) TERMINATED: 01/27/2021
Karon Nicole Fowler (See above for address) TERMINATED: 06/25/2020

Petitioner O.T.G.

Maria Doukas (See above for address) ATTORNEY TO BE NOTICED
Michael Sikora (See above for address) ATTORNEY TO BE NOTICED
Sanjay Krishna Murthy (See above for address) ATTORNEY TO BE NOTICED
Sarah Telo Gillman (See above for address) ATTORNEY TO BE NOTICED
represented by Manoj Govindaiah (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Susan Baker Manning (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Amy Maldonado (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Curtis F.J. Doebbler (See above for address) ATTORNEY TO BE NOTICED
Gregory P. Copeland (See above for address) TERMINATED: 01/27/2021
Karon Nicole Fowler (See above for address) TERMINATED: 06/25/2020
Maria Doukas (See above for address)

Petitioner
T.T.G. a minor

ATTORNEY TO BE NOTICED
Michael Sikora (See above for address) ATTORNEY TO BE NOTICED
Sanjay Krishna Murthy (See above for address) ATTORNEY TO BE NOTICED
Sarah Telo Gillman (See above for address) ATTORNEY TO BE NOTICED
represented by Manoj Govindaiah (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Susan Baker Manning (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Amy Maldonado (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Curtis F.J. Doebbler (See above for address) ATTORNEY TO BE NOTICED
Gregory P. Copeland (See above for address) TERMINATED: 01/27/2021
Karon Nicole Fowler (See above for address) TERMINATED: 06/25/2020
Maria Doukas (See above for address) ATTORNEY TO BE NOTICED

Petitioner M.J.P.

Michael Sikora (See above for address) ATTORNEY TO BE NOTICED
Sanjay Krishna Murthy (See above for address) ATTORNEY TO BE NOTICED
Sarah Telo Gillman (See above for address) ATTORNEY TO BE NOTICED
represented by Manoj Govindaiah (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Susan Baker Manning (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Amy Maldonado (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Curtis F.J. Doebbler (See above for address) ATTORNEY TO BE NOTICED
Gregory P. Copeland (See above for address) TERMINATED: 01/27/2021
Karon Nicole Fowler (See above for address) TERMINATED: 06/25/2020
Maria Doukas (See above for address) ATTORNEY TO BE NOTICED
Michael Sikora (See above for address)

Petitioner
A.M.P. a minor

ATTORNEY TO BE NOTICED
Sanjay Krishna Murthy (See above for address) ATTORNEY TO BE NOTICED
Sarah Telo Gillman (See above for address) ATTORNEY TO BE NOTICED
represented by Manoj Govindaiah (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Susan Baker Manning (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Amy Maldonado (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Curtis F.J. Doebbler (See above for address) ATTORNEY TO BE NOTICED
Gregory P. Copeland (See above for address) TERMINATED: 01/27/2021
Karon Nicole Fowler (See above for address) TERMINATED: 06/25/2020
Maria Doukas (See above for address) ATTORNEY TO BE NOTICED
Michael Sikora (See above for address) ATTORNEY TO BE NOTICED

Petitioner
A.P.P. a minor

Sanjay Krishna Murthy (See above for address) ATTORNEY TO BE NOTICED
Sarah Telo Gillman (See above for address) ATTORNEY TO BE NOTICED
represented by Manoj Govindaiah (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Susan Baker Manning (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Amy Maldonado (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Curtis F.J. Doebbler (See above for address) ATTORNEY TO BE NOTICED
Gregory P. Copeland (See above for address) TERMINATED: 01/27/2021
Karon Nicole Fowler (See above for address) TERMINATED: 06/25/2020
Maria Doukas (See above for address) ATTORNEY TO BE NOTICED
Michael Sikora (See above for address) ATTORNEY TO BE NOTICED
Sanjay Krishna Murthy (See above for address)

Petitioner
C.P.P. a minor

ATTORNEY TO BE NOTICED
Sarah Telo Gillman (See above for address) ATTORNEY TO BE NOTICED
represented by Manoj Govindaiah (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Susan Baker Manning (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Amy Maldonado (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Curtis F.J. Doebbler (See above for address) ATTORNEY TO BE NOTICED
Gregory P. Copeland (See above for address) TERMINATED: 01/27/2021
Karon Nicole Fowler (See above for address) TERMINATED: 06/25/2020
Maria Doukas (See above for address) ATTORNEY TO BE NOTICED
Michael Sikora (See above for address) ATTORNEY TO BE NOTICED
Sanjay Krishna Murthy (See above for address) ATTORNEY TO BE NOTICED

Petitioner J.C.

Sarah Telo Gillman (See above for address) ATTORNEY TO BE NOTICED
represented by Manoj Govindaiah (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Susan Baker Manning (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Amy Maldonado (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Curtis F.J. Doebbler (See above for address) ATTORNEY TO BE NOTICED
Gregory P. Copeland (See above for address) TERMINATED: 01/27/2021
Karon Nicole Fowler (See above for address) TERMINATED: 06/25/2020
Maria Doukas (See above for address) ATTORNEY TO BE NOTICED
Michael Sikora (See above for address) ATTORNEY TO BE NOTICED
Sanjay Krishna Murthy (See above for address) ATTORNEY TO BE NOTICED
Sarah Telo Gillman

Petitioner
Y.C. a minor

(See above for address) ATTORNEY TO BE NOTICED
represented by Manoj Govindaiah (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Susan Baker Manning (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Amy Maldonado (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Curtis F.J. Doebbler (See above for address) ATTORNEY TO BE NOTICED
Gregory P. Copeland (See above for address) TERMINATED: 01/27/2021
Karon Nicole Fowler (See above for address) TERMINATED: 06/25/2020
Maria Doukas (See above for address) ATTORNEY TO BE NOTICED
Michael Sikora (See above for address) ATTORNEY TO BE NOTICED
Sanjay Krishna Murthy (See above for address) ATTORNEY TO BE NOTICED
Sarah Telo Gillman (See above for address) ATTORNEY TO BE NOTICED

Petitioner C.R.R. TERMINATED: 03/29/2020
Petitioner V.G.R. a minor TERMINATED: 03/29/2020

represented by Manoj Govindaiah (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Susan Baker Manning (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Amy Maldonado (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Curtis F.J. Doebbler (See above for address) ATTORNEY TO BE NOTICED
Gregory P. Copeland (See above for address) TERMINATED: 01/27/2021
Sarah Telo Gillman (See above for address) ATTORNEY TO BE NOTICED
represented by Manoj Govindaiah (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Susan Baker Manning (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Amy Maldonado (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Curtis F.J. Doebbler

Petitioner I.G.R. a minor TERMINATED: 03/29/2020
Petitioner A.C.O.

(See above for address) ATTORNEY TO BE NOTICED
Gregory P. Copeland (See above for address) TERMINATED: 01/27/2021
Sarah Telo Gillman (See above for address) ATTORNEY TO BE NOTICED
represented by Manoj Govindaiah (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Susan Baker Manning (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Amy Maldonado (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Curtis F.J. Doebbler (See above for address) ATTORNEY TO BE NOTICED
Gregory P. Copeland (See above for address) TERMINATED: 01/27/2021
Sarah Telo Gillman (See above for address) ATTORNEY TO BE NOTICED
represented by Manoj Govindaiah (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Petitioner
J.S.O. a minor

Susan Baker Manning (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Amy Maldonado (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Curtis F.J. Doebbler (See above for address) ATTORNEY TO BE NOTICED
Gregory P. Copeland (See above for address) TERMINATED: 01/27/2021
Karon Nicole Fowler (See above for address) TERMINATED: 06/25/2020
Maria Doukas (See above for address) ATTORNEY TO BE NOTICED
Michael Sikora (See above for address) ATTORNEY TO BE NOTICED
Sanjay Krishna Murthy (See above for address) ATTORNEY TO BE NOTICED
Sarah Telo Gillman (See above for address) ATTORNEY TO BE NOTICED
represented by Manoj Govindaiah (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Susan Baker Manning (See above for address)

Petitioner M.A.M.

LEAD ATTORNEY ATTORNEY TO BE NOTICED
Amy Maldonado (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Curtis F.J. Doebbler (See above for address) ATTORNEY TO BE NOTICED
Gregory P. Copeland (See above for address) TERMINATED: 01/27/2021
Karon Nicole Fowler (See above for address) TERMINATED: 06/25/2020
Maria Doukas (See above for address) ATTORNEY TO BE NOTICED
Michael Sikora (See above for address) ATTORNEY TO BE NOTICED
Sanjay Krishna Murthy (See above for address) ATTORNEY TO BE NOTICED
Sarah Telo Gillman (See above for address) ATTORNEY TO BE NOTICED
represented by Manoj Govindaiah (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Susan Baker Manning (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Petitioner
G.M.A. a minor

Amy Maldonado (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Curtis F.J. Doebbler (See above for address) ATTORNEY TO BE NOTICED
Gregory P. Copeland (See above for address) TERMINATED: 01/27/2021
Karon Nicole Fowler (See above for address) TERMINATED: 06/25/2020
Maria Doukas (See above for address) ATTORNEY TO BE NOTICED
Michael Sikora (See above for address) ATTORNEY TO BE NOTICED
Sanjay Krishna Murthy (See above for address) ATTORNEY TO BE NOTICED
Sarah Telo Gillman (See above for address) ATTORNEY TO BE NOTICED
represented by Manoj Govindaiah (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Susan Baker Manning (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Amy Maldonado

Petitioner J.M.R.

(See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Curtis F.J. Doebbler (See above for address) ATTORNEY TO BE NOTICED
Gregory P. Copeland (See above for address) TERMINATED: 01/27/2021
Karon Nicole Fowler (See above for address) TERMINATED: 06/25/2020
Maria Doukas (See above for address) ATTORNEY TO BE NOTICED
Michael Sikora (See above for address) ATTORNEY TO BE NOTICED
Sanjay Krishna Murthy (See above for address) ATTORNEY TO BE NOTICED
Sarah Telo Gillman (See above for address) ATTORNEY TO BE NOTICED
represented by Manoj Govindaiah (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Susan Baker Manning (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Amy Maldonado (See above for address) PRO HAC VICE

Petitioner
C.G.M. a minor

ATTORNEY TO BE NOTICED
Curtis F.J. Doebbler (See above for address) ATTORNEY TO BE NOTICED
Gregory P. Copeland (See above for address) TERMINATED: 01/27/2021
Karon Nicole Fowler (See above for address) TERMINATED: 06/25/2020
Maria Doukas (See above for address) ATTORNEY TO BE NOTICED
Michael Sikora (See above for address) ATTORNEY TO BE NOTICED
Sanjay Krishna Murthy (See above for address) ATTORNEY TO BE NOTICED
Sarah Telo Gillman (See above for address) ATTORNEY TO BE NOTICED
represented by Manoj Govindaiah (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Susan Baker Manning (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Amy Maldonado (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED

Petitioner R.P.F.

Curtis F.J. Doebbler (See above for address) ATTORNEY TO BE NOTICED
Gregory P. Copeland (See above for address) TERMINATED: 01/27/2021
Karon Nicole Fowler (See above for address) TERMINATED: 06/25/2020
Maria Doukas (See above for address) ATTORNEY TO BE NOTICED
Michael Sikora (See above for address) ATTORNEY TO BE NOTICED
Sanjay Krishna Murthy (See above for address) ATTORNEY TO BE NOTICED
Sarah Telo Gillman (See above for address) ATTORNEY TO BE NOTICED
represented by Manoj Govindaiah (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Susan Baker Manning (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Amy Maldonado (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Curtis F.J. Doebbler (See above for address)

Petitioner
J.F.P. a minor

ATTORNEY TO BE NOTICED
Gregory P. Copeland (See above for address) TERMINATED: 01/27/2021
Karon Nicole Fowler (See above for address) TERMINATED: 06/25/2020
Maria Doukas (See above for address) ATTORNEY TO BE NOTICED
Michael Sikora (See above for address) ATTORNEY TO BE NOTICED
Sanjay Krishna Murthy (See above for address) ATTORNEY TO BE NOTICED
Sarah Telo Gillman (See above for address) ATTORNEY TO BE NOTICED
represented by Manoj Govindaiah (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Susan Baker Manning (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Amy Maldonado (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Curtis F.J. Doebbler (See above for address) ATTORNEY TO BE NOTICED

Petitioner M.R.C.

Gregory P. Copeland (See above for address) TERMINATED: 01/27/2021
Karon Nicole Fowler (See above for address) TERMINATED: 06/25/2020
Maria Doukas (See above for address) ATTORNEY TO BE NOTICED
Michael Sikora (See above for address) ATTORNEY TO BE NOTICED
Sanjay Krishna Murthy (See above for address) ATTORNEY TO BE NOTICED
Sarah Telo Gillman (See above for address) ATTORNEY TO BE NOTICED
represented by Manoj Govindaiah (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Susan Baker Manning (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Amy Maldonado (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Curtis F.J. Doebbler (See above for address) ATTORNEY TO BE NOTICED
Gregory P. Copeland (See above for address)

Petitioner
M.E.C. a minor

TERMINATED: 01/27/2021
Karon Nicole Fowler (See above for address) TERMINATED: 06/25/2020
Maria Doukas (See above for address) ATTORNEY TO BE NOTICED
Michael Sikora (See above for address) ATTORNEY TO BE NOTICED
Sanjay Krishna Murthy (See above for address) ATTORNEY TO BE NOTICED
Sarah Telo Gillman (See above for address) ATTORNEY TO BE NOTICED
represented by Manoj Govindaiah (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Susan Baker Manning (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Amy Maldonado (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Curtis F.J. Doebbler (See above for address) ATTORNEY TO BE NOTICED
Gregory P. Copeland (See above for address) TERMINATED: 01/27/2021

Petitioner
B.G.C. TERMINATED: 03/29/2020

Karon Nicole Fowler (See above for address) TERMINATED: 06/25/2020
Maria Doukas (See above for address) ATTORNEY TO BE NOTICED
Michael Sikora (See above for address) ATTORNEY TO BE NOTICED
Sanjay Krishna Murthy (See above for address) ATTORNEY TO BE NOTICED
Sarah Telo Gillman (See above for address) ATTORNEY TO BE NOTICED
represented by Manoj Govindaiah (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Susan Baker Manning (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Amy Maldonado (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Curtis F.J. Doebbler (See above for address) ATTORNEY TO BE NOTICED
Gregory P. Copeland (See above for address) TERMINATED: 01/27/2021
Sarah Telo Gillman

Petitioner S.M.G. a minor TERMINATED: 03/29/2020
Petitioner C.A.M. TERMINATED: 03/29/2020

(See above for address) ATTORNEY TO BE NOTICED
represented by Manoj Govindaiah (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Susan Baker Manning (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Amy Maldonado (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Curtis F.J. Doebbler (See above for address) ATTORNEY TO BE NOTICED
Gregory P. Copeland (See above for address) TERMINATED: 01/27/2021
Sarah Telo Gillman (See above for address) ATTORNEY TO BE NOTICED
represented by Manoj Govindaiah (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Susan Baker Manning (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Amy Maldonado (See above for address) PRO HAC VICE

Petitioner A.P.A. a minor TERMINATED: 03/29/2020
Petitioner M.A.H.

ATTORNEY TO BE NOTICED
Curtis F.J. Doebbler (See above for address) ATTORNEY TO BE NOTICED
Gregory P. Copeland (See above for address) TERMINATED: 01/27/2021
Sarah Telo Gillman (See above for address) ATTORNEY TO BE NOTICED
represented by Manoj Govindaiah (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Susan Baker Manning (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Amy Maldonado (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Curtis F.J. Doebbler (See above for address) ATTORNEY TO BE NOTICED
Gregory P. Copeland (See above for address) TERMINATED: 01/27/2021
Sarah Telo Gillman (See above for address) ATTORNEY TO BE NOTICED
represented by Manoj Govindaiah (See above for address)

Petitioner
I.M.A. a minor

LEAD ATTORNEY ATTORNEY TO BE NOTICED
Susan Baker Manning (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Amy Maldonado (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Curtis F.J. Doebbler (See above for address) ATTORNEY TO BE NOTICED
Gregory P. Copeland (See above for address) TERMINATED: 01/27/2021
Karon Nicole Fowler (See above for address) TERMINATED: 06/25/2020
Maria Doukas (See above for address) ATTORNEY TO BE NOTICED
Michael Sikora (See above for address) ATTORNEY TO BE NOTICED
Sanjay Krishna Murthy (See above for address) ATTORNEY TO BE NOTICED
Sarah Telo Gillman (See above for address) ATTORNEY TO BE NOTICED
represented by Manoj Govindaiah (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Petitioner
M.B.G. TERMINATED: 03/29/2020

Susan Baker Manning (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Amy Maldonado (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Curtis F.J. Doebbler (See above for address) ATTORNEY TO BE NOTICED
Gregory P. Copeland (See above for address) TERMINATED: 01/27/2021
Karon Nicole Fowler (See above for address) TERMINATED: 06/25/2020
Maria Doukas (See above for address) ATTORNEY TO BE NOTICED
Michael Sikora (See above for address) ATTORNEY TO BE NOTICED
Sanjay Krishna Murthy (See above for address) ATTORNEY TO BE NOTICED
Sarah Telo Gillman (See above for address) ATTORNEY TO BE NOTICED
represented by Manoj Govindaiah (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Susan Baker Manning

Petitioner
M.H.H. TERMINATED: 03/29/2020

(See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Amy Maldonado (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Curtis F.J. Doebbler (See above for address) ATTORNEY TO BE NOTICED
Gregory P. Copeland (See above for address) TERMINATED: 01/27/2021
Sarah Telo Gillman (See above for address) ATTORNEY TO BE NOTICED
represented by Manoj Govindaiah (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Susan Baker Manning (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Amy Maldonado (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Curtis F.J. Doebbler (See above for address) ATTORNEY TO BE NOTICED
Gregory P. Copeland (See above for address) TERMINATED: 01/27/2021
Sarah Telo Gillman

Petitioner A.B.H. a minor TERMINATED: 03/29/2020
Petitioner C.V.S. TERMINATED: 03/29/2020

(See above for address) ATTORNEY TO BE NOTICED
represented by Manoj Govindaiah (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Susan Baker Manning (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Amy Maldonado (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Curtis F.J. Doebbler (See above for address) ATTORNEY TO BE NOTICED
Gregory P. Copeland (See above for address) TERMINATED: 01/27/2021
Sarah Telo Gillman (See above for address) ATTORNEY TO BE NOTICED
represented by Manoj Govindaiah (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Susan Baker Manning (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Amy Maldonado (See above for address) PRO HAC VICE

Petitioner S.V.S. TERMINATED: 03/29/2020
Petitioner

ATTORNEY TO BE NOTICED
Curtis F.J. Doebbler (See above for address) ATTORNEY TO BE NOTICED
Gregory P. Copeland (See above for address) TERMINATED: 01/27/2021
Sarah Telo Gillman (See above for address) ATTORNEY TO BE NOTICED
represented by Manoj Govindaiah (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Susan Baker Manning (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Amy Maldonado (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Curtis F.J. Doebbler (See above for address) ATTORNEY TO BE NOTICED
Gregory P. Copeland (See above for address) TERMINATED: 01/27/2021
Sarah Telo Gillman (See above for address) ATTORNEY TO BE NOTICED

J.B.S. a minor TERMINATED: 03/29/2020
Petitioner R.B.V. a minor TERMINATED: 03/29/2020

represented by Manoj Govindaiah (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Susan Baker Manning (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Amy Maldonado (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Curtis F.J. Doebbler (See above for address) ATTORNEY TO BE NOTICED
Gregory P. Copeland (See above for address) TERMINATED: 01/27/2021
Sarah Telo Gillman (See above for address) ATTORNEY TO BE NOTICED
represented by Manoj Govindaiah (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Susan Baker Manning (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Amy Maldonado (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Curtis F.J. Doebbler (See above for address) ATTORNEY TO BE NOTICED

Petitioner J.V.V.-1 a minor TERMINATED: 03/29/2020
Petitioner J.V.V-2 a minor TERMINATED: 03/29/2020

Gregory P. Copeland (See above for address) TERMINATED: 01/27/2021
Sarah Telo Gillman (See above for address) ATTORNEY TO BE NOTICED
represented by Manoj Govindaiah (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Susan Baker Manning (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Amy Maldonado (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Curtis F.J. Doebbler (See above for address) ATTORNEY TO BE NOTICED
Gregory P. Copeland (See above for address) TERMINATED: 01/27/2021
Sarah Telo Gillman (See above for address) ATTORNEY TO BE NOTICED
represented by Manoj Govindaiah (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Susan Baker Manning (See above for address)

Petitioner
N.V.V. a minor TERMINATED: 03/29/2020

LEAD ATTORNEY ATTORNEY TO BE NOTICED
Amy Maldonado (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Curtis F.J. Doebbler (See above for address) ATTORNEY TO BE NOTICED
Gregory P. Copeland (See above for address) TERMINATED: 01/27/2021
Sarah Telo Gillman (See above for address) ATTORNEY TO BE NOTICED
represented by Manoj Govindaiah (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Susan Baker Manning (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Amy Maldonado (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Curtis F.J. Doebbler (See above for address) ATTORNEY TO BE NOTICED
Gregory P. Copeland (See above for address) TERMINATED: 01/27/2021
Sarah Telo Gillman

Petitioner B.P. TERMINATED: 03/29/2020
Petitioner K.G.D. TERMINATED: 03/29/2020

(See above for address) ATTORNEY TO BE NOTICED
represented by Manoj Govindaiah (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Susan Baker Manning (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Amy Maldonado (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Curtis F.J. Doebbler (See above for address) ATTORNEY TO BE NOTICED
Gregory P. Copeland (See above for address) TERMINATED: 01/27/2021
Sarah Telo Gillman (See above for address) ATTORNEY TO BE NOTICED
represented by Manoj Govindaiah (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Susan Baker Manning (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Amy Maldonado (See above for address) PRO HAC VICE

Petitioner E.P.G. a minor TERMINATED: 03/29/2020
Petitioner R.M.

ATTORNEY TO BE NOTICED
Curtis F.J. Doebbler (See above for address) ATTORNEY TO BE NOTICED
Gregory P. Copeland (See above for address) TERMINATED: 01/27/2021
Sarah Telo Gillman (See above for address) ATTORNEY TO BE NOTICED
represented by Manoj Govindaiah (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Susan Baker Manning (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Amy Maldonado (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Curtis F.J. Doebbler (See above for address) ATTORNEY TO BE NOTICED
Gregory P. Copeland (See above for address) TERMINATED: 01/27/2021
Sarah Telo Gillman (See above for address) ATTORNEY TO BE NOTICED
represented by Manoj Govindaiah (See above for address)

Petitioner
V.P. a minor

LEAD ATTORNEY ATTORNEY TO BE NOTICED
Susan Baker Manning (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Amy Maldonado (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Curtis F.J. Doebbler (See above for address) ATTORNEY TO BE NOTICED
Gregory P. Copeland (See above for address) TERMINATED: 01/27/2021
Karon Nicole Fowler (See above for address) TERMINATED: 06/25/2020
Maria Doukas (See above for address) ATTORNEY TO BE NOTICED
Michael Sikora (See above for address) ATTORNEY TO BE NOTICED
Sanjay Krishna Murthy (See above for address) ATTORNEY TO BE NOTICED
Sarah Telo Gillman (See above for address) ATTORNEY TO BE NOTICED
represented by Manoj Govindaiah (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Petitioner A.R.

Susan Baker Manning (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Amy Maldonado (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Curtis F.J. Doebbler (See above for address) ATTORNEY TO BE NOTICED
Gregory P. Copeland (See above for address) TERMINATED: 01/27/2021
Karon Nicole Fowler (See above for address) TERMINATED: 06/25/2020
Maria Doukas (See above for address) ATTORNEY TO BE NOTICED
Michael Sikora (See above for address) ATTORNEY TO BE NOTICED
Sanjay Krishna Murthy (See above for address) ATTORNEY TO BE NOTICED
Sarah Telo Gillman (See above for address) ATTORNEY TO BE NOTICED
represented by Manoj Govindaiah (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Susan Baker Manning

Petitioner T.F.

(See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Amy Maldonado (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Curtis F.J. Doebbler (See above for address) ATTORNEY TO BE NOTICED
Gregory P. Copeland (See above for address) TERMINATED: 01/27/2021
Karon Nicole Fowler (See above for address) TERMINATED: 06/25/2020
Maria Doukas (See above for address) ATTORNEY TO BE NOTICED
Michael Sikora (See above for address) ATTORNEY TO BE NOTICED
Sanjay Krishna Murthy (See above for address) ATTORNEY TO BE NOTICED
Sarah Telo Gillman (See above for address) ATTORNEY TO BE NOTICED
represented by Manoj Govindaiah (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Susan Baker Manning (See above for address) LEAD ATTORNEY

Petitioner
B.F.R. a minor

ATTORNEY TO BE NOTICED
Amy Maldonado (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Curtis F.J. Doebbler (See above for address) ATTORNEY TO BE NOTICED
Gregory P. Copeland (See above for address) TERMINATED: 01/27/2021
Karon Nicole Fowler (See above for address) TERMINATED: 06/25/2020
Maria Doukas (See above for address) ATTORNEY TO BE NOTICED
Michael Sikora (See above for address) ATTORNEY TO BE NOTICED
Sanjay Krishna Murthy (See above for address) ATTORNEY TO BE NOTICED
Sarah Telo Gillman (See above for address) ATTORNEY TO BE NOTICED
represented by Manoj Govindaiah (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Susan Baker Manning (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Petitioner
D.F.R. a minor

Amy Maldonado (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Curtis F.J. Doebbler (See above for address) ATTORNEY TO BE NOTICED
Gregory P. Copeland (See above for address) TERMINATED: 01/27/2021
Karon Nicole Fowler (See above for address) TERMINATED: 06/25/2020
Maria Doukas (See above for address) ATTORNEY TO BE NOTICED
Michael Sikora (See above for address) ATTORNEY TO BE NOTICED
Sanjay Krishna Murthy (See above for address) ATTORNEY TO BE NOTICED
Sarah Telo Gillman (See above for address) ATTORNEY TO BE NOTICED
represented by Manoj Govindaiah (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Susan Baker Manning (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Amy Maldonado (See above for address)

Petitioner A.G.V.

PRO HAC VICE ATTORNEY TO BE NOTICED
Curtis F.J. Doebbler (See above for address) ATTORNEY TO BE NOTICED
Gregory P. Copeland (See above for address) TERMINATED: 01/27/2021
Karon Nicole Fowler (See above for address) TERMINATED: 06/25/2020
Maria Doukas (See above for address) ATTORNEY TO BE NOTICED
Michael Sikora (See above for address) ATTORNEY TO BE NOTICED
Sanjay Krishna Murthy (See above for address) ATTORNEY TO BE NOTICED
Sarah Telo Gillman (See above for address) ATTORNEY TO BE NOTICED
represented by Manoj Govindaiah (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Susan Baker Manning (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Amy Maldonado (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED

Petitioner A.M.G.

Curtis F.J. Doebbler (See above for address) ATTORNEY TO BE NOTICED
Gregory P. Copeland (See above for address) TERMINATED: 01/27/2021
Karon Nicole Fowler (See above for address) TERMINATED: 06/25/2020
Maria Doukas (See above for address) ATTORNEY TO BE NOTICED
Michael Sikora (See above for address) ATTORNEY TO BE NOTICED
Sanjay Krishna Murthy (See above for address) ATTORNEY TO BE NOTICED
Sarah Telo Gillman (See above for address) ATTORNEY TO BE NOTICED
represented by Manoj Govindaiah (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Susan Baker Manning (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Amy Maldonado (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Curtis F.J. Doebbler

Petitioner
A.G.M.-1 a minor

(See above for address) ATTORNEY TO BE NOTICED
Gregory P. Copeland (See above for address) TERMINATED: 01/27/2021
Karon Nicole Fowler (See above for address) TERMINATED: 06/25/2020
Maria Doukas (See above for address) ATTORNEY TO BE NOTICED
Michael Sikora (See above for address) ATTORNEY TO BE NOTICED
Sanjay Krishna Murthy (See above for address) ATTORNEY TO BE NOTICED
Sarah Telo Gillman (See above for address) ATTORNEY TO BE NOTICED
represented by Manoj Govindaiah (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Susan Baker Manning (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Amy Maldonado (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Curtis F.J. Doebbler (See above for address) ATTORNEY TO BE NOTICED

Petitioner
A.G.M.-2 a minor

Gregory P. Copeland (See above for address) TERMINATED: 01/27/2021
Karon Nicole Fowler (See above for address) TERMINATED: 06/25/2020
Maria Doukas (See above for address) ATTORNEY TO BE NOTICED
Michael Sikora (See above for address) ATTORNEY TO BE NOTICED
Sanjay Krishna Murthy (See above for address) ATTORNEY TO BE NOTICED
Sarah Telo Gillman (See above for address) ATTORNEY TO BE NOTICED
represented by Manoj Govindaiah (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Susan Baker Manning (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Amy Maldonado (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Curtis F.J. Doebbler (See above for address) ATTORNEY TO BE NOTICED
Gregory P. Copeland

Petitioner
A.G.M.-3 a minor

(See above for address) TERMINATED: 01/27/2021
Karon Nicole Fowler (See above for address) TERMINATED: 06/25/2020
Maria Doukas (See above for address) ATTORNEY TO BE NOTICED
Michael Sikora (See above for address) ATTORNEY TO BE NOTICED
Sanjay Krishna Murthy (See above for address) ATTORNEY TO BE NOTICED
Sarah Telo Gillman (See above for address) ATTORNEY TO BE NOTICED
represented by Manoj Govindaiah (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Susan Baker Manning (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Amy Maldonado (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Curtis F.J. Doebbler (See above for address) ATTORNEY TO BE NOTICED
Gregory P. Copeland (See above for address) TERMINATED: 01/27/2021

Petitioner G.R.D.

Karon Nicole Fowler (See above for address) TERMINATED: 06/25/2020
Maria Doukas (See above for address) ATTORNEY TO BE NOTICED
Michael Sikora (See above for address) ATTORNEY TO BE NOTICED
Sanjay Krishna Murthy (See above for address) ATTORNEY TO BE NOTICED
Sarah Telo Gillman (See above for address) ATTORNEY TO BE NOTICED
represented by Manoj Govindaiah (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Susan Baker Manning (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Amy Maldonado (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Curtis F.J. Doebbler (See above for address) ATTORNEY TO BE NOTICED
Gregory P. Copeland (See above for address) TERMINATED: 01/27/2021
Karon Nicole Fowler

Petitioner B.N.P.

(See above for address) TERMINATED: 06/25/2020
Maria Doukas (See above for address) ATTORNEY TO BE NOTICED
Michael Sikora (See above for address) ATTORNEY TO BE NOTICED
Sanjay Krishna Murthy (See above for address) ATTORNEY TO BE NOTICED
Sarah Telo Gillman (See above for address) ATTORNEY TO BE NOTICED
represented by Manoj Govindaiah (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Susan Baker Manning (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Amy Maldonado (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Curtis F.J. Doebbler (See above for address) ATTORNEY TO BE NOTICED
Gregory P. Copeland (See above for address) TERMINATED: 01/27/2021
Karon Nicole Fowler (See above for address) TERMINATED: 06/25/2020

Petitioner
M.R.N. a minor

Maria Doukas (See above for address) ATTORNEY TO BE NOTICED
Michael Sikora (See above for address) ATTORNEY TO BE NOTICED
Sanjay Krishna Murthy (See above for address) ATTORNEY TO BE NOTICED
Sarah Telo Gillman (See above for address) ATTORNEY TO BE NOTICED
represented by Manoj Govindaiah (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Susan Baker Manning (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Amy Maldonado (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Curtis F.J. Doebbler (See above for address) ATTORNEY TO BE NOTICED
Gregory P. Copeland (See above for address) TERMINATED: 01/27/2021
Karon Nicole Fowler (See above for address) TERMINATED: 06/25/2020
Maria Doukas

Petitioner
I.R.N. a minor

(See above for address) ATTORNEY TO BE NOTICED
Michael Sikora (See above for address) ATTORNEY TO BE NOTICED
Sanjay Krishna Murthy (See above for address) ATTORNEY TO BE NOTICED
Sarah Telo Gillman (See above for address) ATTORNEY TO BE NOTICED
represented by Manoj Govindaiah (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Susan Baker Manning (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Amy Maldonado (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Curtis F.J. Doebbler (See above for address) ATTORNEY TO BE NOTICED
Gregory P. Copeland (See above for address) TERMINATED: 01/27/2021
Karon Nicole Fowler (See above for address) TERMINATED: 06/25/2020
Maria Doukas (See above for address) ATTORNEY TO BE NOTICED

Petitioner
N.R.N. a minor

Michael Sikora (See above for address) ATTORNEY TO BE NOTICED
Sanjay Krishna Murthy (See above for address) ATTORNEY TO BE NOTICED
Sarah Telo Gillman (See above for address) ATTORNEY TO BE NOTICED
represented by Manoj Govindaiah (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Susan Baker Manning (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Amy Maldonado (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Curtis F.J. Doebbler (See above for address) ATTORNEY TO BE NOTICED
Gregory P. Copeland (See above for address) TERMINATED: 01/27/2021
Karon Nicole Fowler (See above for address) TERMINATED: 06/25/2020
Maria Doukas (See above for address) ATTORNEY TO BE NOTICED
Michael Sikora

Petitioner A.A.G.

(See above for address) ATTORNEY TO BE NOTICED
Sanjay Krishna Murthy (See above for address) ATTORNEY TO BE NOTICED
Sarah Telo Gillman (See above for address) ATTORNEY TO BE NOTICED
represented by Manoj Govindaiah (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Susan Baker Manning (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Amy Maldonado (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Curtis F.J. Doebbler (See above for address) ATTORNEY TO BE NOTICED
Gregory P. Copeland (See above for address) TERMINATED: 01/27/2021
Karon Nicole Fowler (See above for address) TERMINATED: 06/25/2020
Maria Doukas (See above for address) ATTORNEY TO BE NOTICED
Michael Sikora (See above for address) ATTORNEY TO BE NOTICED

Petitioner L.M.V.

Sanjay Krishna Murthy (See above for address) ATTORNEY TO BE NOTICED
Sarah Telo Gillman (See above for address) ATTORNEY TO BE NOTICED
represented by Manoj Govindaiah (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Susan Baker Manning (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Amy Maldonado (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Curtis F.J. Doebbler (See above for address) ATTORNEY TO BE NOTICED
Gregory P. Copeland (See above for address) TERMINATED: 01/27/2021
Karon Nicole Fowler (See above for address) TERMINATED: 06/25/2020
Maria Doukas (See above for address) ATTORNEY TO BE NOTICED
Michael Sikora (See above for address) ATTORNEY TO BE NOTICED
Sanjay Krishna Murthy

Petitioner
S.A.M. a minor

(See above for address) ATTORNEY TO BE NOTICED
Sarah Telo Gillman (See above for address) ATTORNEY TO BE NOTICED
represented by Manoj Govindaiah (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Susan Baker Manning (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Amy Maldonado (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Curtis F.J. Doebbler (See above for address) ATTORNEY TO BE NOTICED
Gregory P. Copeland (See above for address) TERMINATED: 01/27/2021
Karon Nicole Fowler (See above for address) TERMINATED: 06/25/2020
Maria Doukas (See above for address) ATTORNEY TO BE NOTICED
Michael Sikora (See above for address) ATTORNEY TO BE NOTICED
Sanjay Krishna Murthy (See above for address) ATTORNEY TO BE NOTICED

Petitioner ALL PETITIONERS

Sarah Telo Gillman (See above for address) ATTORNEY TO BE NOTICED
represented by Amy Maldonado (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Susan Baker Manning (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

V.
Respondent
CHAD F. WOLF in his official capacity as the acting Secretary of the U.S. Department of Homeland Security

represented by Daniel Franklin Van Horn U.S. ATTORNEY'S OFFICE FOR THE DISTRICT OF COLUMBIA 555 Fourth Street, NW Washington, DC 20530 (202) 252-2506 Fax: (202) 252-2599 Email: daniel.vanhorn@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
Vanessa Molina U.S. DEPARTMENT OF JUSTICE Office of Immigration Litigation P.O. Box 868 Ben Franklin Station Washington, DC 20044 202-532-4413 Email: vanessa.molina@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jordan Kelsey Hummel U.S. DEPARTMENT OF JUSTICE P.O. Box 868, Ben Franklin Station

Respondent WILLIAM P. BARR in his official capacity as the Attorney General of the United States
Amicus AMERICAN ACADEMY OF PEDIATRICS

Washington, DC 20044 202-598-8175 Email: jordan.hummel@usdoj.gov ATTORNEY TO BE NOTICED
represented by Daniel Franklin Van Horn (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Vanessa Molina (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jordan Kelsey Hummel (See above for address) ATTORNEY TO BE NOTICED
represented by Christopher Escobedo Hart FOLEY HOAG, LLP 155 Seaport Boulevard Boston, MA 02210 617-832-1232 Fax: 617-832-7000 Email: chart@foleyhoag.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Nicholas Marcus Renzler FOLEY HOAG LLP 1717 K Street, NW Washington, DC 20006 (202) 261-7394 Fax: (202) 467-9694 Email: nrenzler@foleyhoag.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Ian Matthew Kysel CORNELL LAW SCHOOL Myron Taylor Hall Room 309

Amicus GREGG GONSALVES PhD
Amicus NOLAN KLINE PhD, MPH, CPH
Amicus ALANA M.W. LEBRON PhD, MS

Ithaca, NY 92705 607-255-5141 Email: imk48@cornell.edu PRO HAC VICE ATTORNEY TO BE NOTICED
represented by Christopher Escobedo Hart (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Nicholas Marcus Renzler (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Ian Matthew Kysel (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
represented by Christopher Escobedo Hart (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Nicholas Marcus Renzler (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Ian Matthew Kysel (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
represented by Christopher Escobedo Hart (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Nicholas Marcus Renzler

Amicus WILLIAM D. LOPEZ PhD, MPH
Amicus RANIT MISHORI MD, MHS, FAAFP
Amicus NICOLE L. NOVAK PhD, MS

(See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Ian Matthew Kysel (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
represented by Christopher Escobedo Hart (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Nicholas Marcus Renzler (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Ian Matthew Kysel (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
represented by Christopher Escobedo Hart (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Nicholas Marcus Renzler (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Ian Matthew Kysel (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
represented by Christopher Escobedo Hart (See above for address) LEAD ATTORNEY

Amicus KATHERINE R. PEELER MD, FAAP
Amicus BASIL AWNI SAFI MPH
Amicus

ATTORNEY TO BE NOTICED
Nicholas Marcus Renzler (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Ian Matthew Kysel (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
represented by Christopher Escobedo Hart (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Nicholas Marcus Renzler (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Ian Matthew Kysel (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
represented by Christopher Escobedo Hart (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Nicholas Marcus Renzler (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Ian Matthew Kysel (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED

MARIA-ELENA DE TRINIDAD YOUNG PhD, MPH

represented by Christopher Escobedo Hart (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Nicholas Marcus Renzler (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Ian Matthew Kysel (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED

Date Filed 03/21/2020

# Docket Text
1 PETITION FOR WRIT OF MANDAMUS against WILLIAM BARR, CHAD WOLF ( Filing fee $ 400 receipt number ADCDC-6943115) filed by E.C.G., B.C.A., M.R.N., L.C.R., I.M.A., J.V.V.-1, A.H.R., T.F., K.P.P., N.M.L., J.V.V-2, N.N.A., Y.C., J.F.P., M.P.P., B.P., A.M.G., S.A.M., M.E.C., A.P.A., M.R.A., N.R.N., B.N.P., Z.F., C.C.G., S.J.A., R.S.J., I.R.N., V.P., A.C.O., A.G.M.-3, R.M., A.A.G., M.H.H., M.C.M., M.A.M., M.J.P., M.B.G., S.A., A.P.P., B.G.C., G.A.Q., J.M.R., B.F.R., C.A.M., M.R.C., N.V.V., A.B.H., C.R.R., E.P.G., A.G.M.-2, A.R.M., M.A.H., R.P.F., C.V.S., R.B.V., S.V.S., A.A.Q., H.G.M., O.M.G., G.R.D., S.M.C., D.F.R., E.A.N., I.P.P., A.M.P., A.G.V., K.G.D., A.M.M., S.M.G., J.B.S., J.S.O., K.N.E., C.G.M., A.R., C.P.P., J.S.P., V.G.R., A.L.M., M.A.S., G.L.C., A.G.M.1, W.A.A., C.L., L.M.V., N.V., G.M.A., I.G.R., T.T.G., J.H.R., J.A., G.S.C., O.T.G., J.C., M.C.. (Attachments: # 1 Exhibit Declaration of Gregory P. Copeland, Esq., # 2 Exhibit Declaration of Bridget Cambria, # 3 Exhibit Declaration of M.B.G., # 4 Exhibit Declaration of Shalyn Fluharty, # 5 Exhibit Declaration of Allison Herre, # 6 Exhibit Declaration of Stephanie Alvarez-Jones, # 7 Exhibit Declaration of Andrea Meza, # 8 Exhibit Declaration of Julia Valero, # 9 Exhibit Declaration of Laila Ayub, # 10 Exhibit Declaration of R.P., # 11 Exhibit Declaration of T.F., # 12 Exhibit Declaration of Dr. Ronald Waldman, # 13 Exhibit Declaration of Dr. Julia DeAun Graves, # 14 Exhibit Letter to Congress Profs. Allen and Rich, # 15 Exhibit Declaration of Dr. Jaimie Meyer, # 16 Exhibit Declaration of O.M.G., # 17 Exhibit Declaration of C.L., # 18 Exhibit Flores Settlement Agreement, # 19 Exhibit Declaration of Dr. Rachel Pearson, # 20 Exhibit Declaration of Amy Maldonado, Esq., # 21 Civil Cover

03/21/2020
03/21/2020 03/21/2020
03/22/2020

Sheet, # 22 Summons)(Copeland, Gregory) Modified on 3/23/2020 to correct docket text (zsb). (Entered: 03/21/2020)
2 MOTION to Proceed Under Pseudonym by A.A.G., A.A.Q., A.B.H., A.C.O., A.G.M.-1, A.G.M.-2, A.G.M.-3, A.G.V., A.H.R., A.L.M., A.M.G., A.M.M., A.M.P., A.P.A., A.P.P., A.R., A.R.M., B.C.A., B.F.R., B.G.C., B.N.P., B.P., C.A.M., C.C.G., C.G.M., C.L., C.P.P., C.R.R., C.V.S., D.F.R., E.A.N., E.C.G., E.P.G., G.A.Q., G.L.C., G.M.A., G.R.D., G.S.C., H.G.M., I.G.R., I.M.A., I.P.P., I.R.N., J.A., J.B.S., J.C., J.F.P., J.H.R., J.M.R., J.S.O., J.S.P., J.V.V-2, J.V.V.-1, K.G.D., K.N.E., K.P.P., L.C.R., L.M.V., M.A.H., M.A.M., M.A.S., M.B.G., M.C., M.C.M., M.E.C., M.H.H., M.J.P., M.P.P., M.R.A., M.R.C., M.R.N., N.M.L., N.N.A., N.R.N., N.V., N.V.V., O.M.G., O.T.G., R.B.V., R.M., R.P.F., R.S.J., S.A., S.A.M., S.J.A., S.M.C., S.M.G., S.V.S., T.F., T.T.G., V.G.R., V.P., W.A.A., Y.C., Z.F. (Attachments: # 1 Exhibit A, Asylum Confidentiality Fact Sheet, # 2 Text of Proposed Order)(Copeland, Gregory) (Entered: 03/21/2020)
3 NOTICE of Appearance- Pro Bono by Sarah Telo Gillman on behalf of All Plaintiffs (Gillman, Sarah) (Entered: 03/21/2020)
4 MOTION for Temporary Restraining Order AND REQUEST FOR EMERGENCY HEARING by A.A.G., A.A.Q., A.B.H., A.C.O., A.G.M.-1, A.G.M.-2, A.G.M.-3, A.G.V., A.H.R., A.L.M., A.M.G., A.M.M., A.M.P., A.P.A., A.P.P., A.R., A.R.M., B.C.A., B.F.R., B.G.C., B.N.P., B.P., C.A.M., C.C.G., C.G.M., C.L., C.P.P., C.R.R., C.V.S., D.F.R., E.A.N., E.C.G., E.P.G., G.A.Q., G.L.C., G.M.A., G.R.D., G.S.C., H.G.M., I.G.R., I.M.A., I.P.P., I.R.N., J.A., J.B.S., J.C., J.F.P., J.H.R., J.M.R., J.S.O., J.S.P., J.V.V-2, J.V.V.-1, K.G.D., K.N.E., K.P.P., L.C.R., L.M.V., M.A.H., M.A.M., M.A.S., M.B.G., M.C., M.C.M., M.E.C., M.H.H., M.J.P., M.P.P., M.R.A., M.R.C., M.R.N., N.M.L., N.N.A., N.R.N., N.V., N.V.V., O.M.G., O.T.G., R.B.V., R.M., R.P.F., R.S.J., S.A., S.A.M., S.J.A., S.M.C., S.M.G., S.V.S., T.F., T.T.G., V.G.R., V.P., W.A.A., Y.C., Z.F. (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Copeland, Gregory). Added MOTION for Hearing on 3/23/2020 (znmw). (Entered: 03/21/2020)
5 NOTICE of Appearance- Pro Bono by Sarah Telo Gillman on behalf of A.A.G., A.A.Q., A.B.H., A.C.O., A.G.M.-1, A.G.M.-2, A.G.M.-3, A.G.V., A.H.R., A.L.M., A.M.G., A.M.M., A.M.P., A.P.A., A.P.P., A.R., A.R.M., B.C.A., B.F.R., B.G.C., B.N.P., B.P., C.A.M., C.C.G., C.G.M., C.L., C.P.P., C.R.R., C.V.S., D.F.R., E.A.N., E.C.G., E.P.G., G.A.Q., G.L.C., G.M.A., G.R.D., G.S.C., H.G.M., I.G.R., I.M.A., I.P.P., I.R.N., J.A., J.B.S., J.C., J.F.P., J.H.R., J.M.R., J.S.O., J.S.P., J.V.V-2, J.V.V.-1, K.G.D., K.N.E., K.P.P., L.M.V., M.A.H., M.A.M.,

03/22/2020
03/23/2020 03/23/2020 03/23/2020 03/23/2020 03/23/2020 03/23/2020

M.A.S., M.B.G., M.C., M.C.M., M.E.C., M.H.H., M.J.P., M.P.P., M.R.A., M.R.C., M.R.N., N.M.L., N.N.A., N.R.N., N.V., N.V.V., O.M.G., O.T.G., R.B.V., R.M., R.P.F., R.S.J., S.A., S.A.M., S.J.A., S.M.C., S.M.G., S.V.S., T.F., T.T.G., V.G.R., V.P., W.A.A., Y.C., Z.F. (Gillman, Sarah) (Entered: 03/22/2020)
6 Emergency MOTION for the Entry of an Order requiring Respondents to provide Petitioners Counsel with seventy-two (72) hour notice of any transfer or removal of Petitioners to preserve the status quo until further order of the Court re 1 Complaint,,,,,,, 4 MOTION for Temporary Restraining Order AND REQUEST FOR EMERGENCY HEARING by A.A.G., A.A.Q., A.B.H., A.C.O., A.G.M.-1, A.G.M.-2, A.G.M.-3, A.G.V., A.H.R., A.L.M., A.M.G., A.M.M., A.M.P., A.P.A., A.P.P., A.R., A.R.M., B.C.A., B.F.R., B.G.C., B.N.P., B.P., C.A.M., C.C.G., C.G.M., C.L., C.P.P., C.R.R., C.V.S., D.F.R., E.A.N., E.C.G., E.P.G., G.A.Q., G.L.C., G.M.A., G.R.D., G.S.C., H.G.M., I.G.R., I.M.A., I.P.P., I.R.N., J.A., J.B.S., J.C., J.F.P., J.H.R., J.M.R., J.S.O., J.S.P., J.V.V-2, J.V.V.-1, K.G.D., K.N.E., K.P.P., L.C.R., L.M.V., M.A.H., M.A.M., M.A.S., M.B.G., M.C., M.C.M., M.E.C., M.H.H., M.J.P., M.P.P., M.R.A., M.R.C., M.R.N., N.M.L., N.N.A., N.R.N., N.V., N.V.V., O.M.G., O.T.G., R.B.V., R.M., R.P.F., R.S.J., S.A., S.A.M., S.J.A., S.M.C., S.M.G., S.V.S., T.F., T.T.G., V.G.R., V.P., W.A.A., Y.C., Z.F. (Attachments: # 1 Exhibit Declaration of Amy Maldonado, Esq., # 2 Text of Proposed Order, # 3 Certificate of Service)(Gillman, Sarah) (Entered: 03/22/2020)
7 ORDER GRANTING plaintiffs' 2 Motion for Leave to File Under Pseudonym. See Order for further details. Signed by Chief Judge Beryl A. Howell on March 23, 2020. (lcbah4) (Entered: 03/23/2020)
Case Assigned to Judge James E. Boasberg. (zsb) (Entered: 03/23/2020)
8 SUMMONS (3) Issued Electronically as to WILLIAM BARR, CHAD WOLF, and U.S. Attorney (Attachment: # 1 Notice and Consent)(zsb) (Entered: 03/23/2020)
9 NOTICE of Appearance by Manoj Govindaiah on behalf of All Plaintiffs (Govindaiah, Manoj) (Entered: 03/23/2020)
10 NOTICE of Appearance by Daniel Franklin Van Horn on behalf of All Defendants (Van Horn, Daniel) (Entered: 03/23/2020)
11 ENTERED IN ERROR.....NOTICE Regarding Availability of Petitioners' Counsel for Pre-Hearing Conference by A.A.G., A.A.Q., A.B.H., A.C.O., A.G.M.-1, A.G.M.-2, A.G.M.-3, A.G.V., A.H.R., A.L.M., A.M.G., A.M.M., A.M.P., A.P.A., A.P.P., A.R., A.R.M.,

03/24/2020 03/24/2020 03/24/2020
03/24/2020 03/24/2020 03/26/2020 03/26/2020

B.C.A., B.F.R., B.G.C., B.N.P., B.P., C.A.M., C.C.G., C.G.M., C.L., C.P.P., C.R.R., C.V.S., D.F.R., E.A.N., E.C.G., E.P.G., G.A.Q., G.L.C., G.M.A., G.R.D., G.S.C., H.G.M., I.G.R., I.M.A., I.P.P., I.R.N., J.A., J.B.S., J.C., J.F.P., J.H.R., J.M.R., J.S.O., J.S.P., J.V.V-2, J.V.V.-1, K.G.D., K.N.E., K.P.P., L.C.R., L.M.V., M.A.H., M.A.M., M.A.S., M.B.G., M.C., M.C.M., M.E.C., M.H.H., M.J.P., M.P.P., M.R.A., M.R.C., M.R.N., N.M.L., N.N.A., N.R.N., N.V., N.V.V., O.M.G., O.T.G., R.B.V., R.M., R.P.F., R.S.J., S.A., S.A.M., S.J.A., S.M.C., S.M.G., S.V.S., T.F., T.T.G., V.G.R., V.P., W.A.A., Y.C., Z.F. (Gillman, Sarah); Modified on 3/24/2020 (ztth). (Entered: 03/23/2020)
NOTICE OF CORRECTED DOCKET ENTRY: re 11 Notice (Other), was entered in error and counsel was instructed to refile the document in pleading format. Please see LCvR 5.1 (a). (ztth) (Entered: 03/24/2020)
12 NOTICE of Appearance by Curtis F.J. Doebbler on behalf of All Plaintiffs (Doebbler, Curtis) (Entered: 03/24/2020)
MINUTE ORDER: As discussed in today's telephone conference call, the Court ORDERS that: 1) Respondents' Opposition to the TRO Motion shall be due by March 27, 2020; 2) Petitioners' Reply shall be due by 9:00 a.m. on March 30, 2020; and 3) The parties shall appear telephonically for the TRO hearing on March 30, 2020, at 2:30 p.m. So ORDERED by Judge James E. Boasberg on 3/24/2020. (lcjeb1) (Entered: 03/24/2020)
Set/Reset Deadlines/Hearings: Responses due by 3/27/2020. Replies due by 9:00 AM on 3/30/2030. Motion Hearing set for 3/30/2020 at 02:30 PM before Judge James E. Boasberg (parties to appear telephonically). (nbn) (Entered: 03/24/2020)
13 NOTICE of Appearance by Vanessa Molina on behalf of All Defendants (Molina, Vanessa) (Entered: 03/24/2020)
14 NOTICE of Appearance by Susan Baker Manning on behalf of All Plaintiffs (Manning, Susan) (Entered: 03/26/2020)
15 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Amy Maldonado, Filing fee $ 100, receipt number ADCDC-6961191. Fee Status: Fee Paid. by A.A.G., A.A.Q., A.B.H., A.C.O., A.G.M.-1, A.G.M.-2, A.G.M.-3, A.G.V., A.H.R., A.L.M., A.M.G., A.M.M., A.M.P., A.P.A., A.P.P., A.R., A.R.M., B.C.A., B.F.R., B.G.C., B.N.P., B.P., C.A.M., C.C.G., C.G.M., C.L., C.P.P., C.R.R., C.V.S., D.F.R., E.A.N., E.C.G., E.P.G., G.A.Q., G.L.C., G.M.A., G.R.D., G.S.C., H.G.M., I.G.R., I.M.A., I.P.P., I.R.N., J.A., J.B.S., J.C., J.F.P., J.H.R., J.M.R., J.S.O., J.S.P., J.V.V-2, J.V.V.-1, K.G.D., K.N.E., K.P.P.,

03/26/2020 03/27/2020 03/27/2020

L.C.R., L.M.V., M.A.H., M.A.M., M.A.S., M.B.G., M.C., M.C.M., M.E.C., M.H.H., M.J.P., M.P.P., M.R.A., M.R.C., M.R.N., N.M.L., N.N.A., N.R.N., N.V., N.V.V., O.M.G., O.T.G., R.B.V., R.M., R.P.F., R.S.J., S.A., S.A.M., S.J.A., S.M.C., S.M.G., S.V.S., T.F., T.T.G., V.G.R., V.P., W.A.A., Y.C., Z.F. (Attachments: # 1 Declaration of Amy Maldonado, # 2 Text of Proposed Order)(Copeland, Gregory) Modified on 3/27/2020 to correct receipt number.(ztnr) (Entered: 03/26/2020)
16 NOTICE of Appearance by Curtis F.J. Doebbler on behalf of A.A.G., A.A.Q., A.B.H., A.C.O., A.G.M.-1, A.G.M.-2, A.G.M.-3, A.G.V., A.H.R., A.L.M., A.M.G., A.M.M., A.M.P., A.P.A., A.P.P., A.R., A.R.M., B.C.A., B.F.R., B.G.C., B.N.P., B.P., C.A.M., C.C.G., C.G.M., C.L., C.P.P., C.R.R., C.V.S., D.F.R., E.A.N., E.C.G., E.P.G., G.A.Q., G.L.C., G.M.A., G.R.D., G.S.C., H.G.M., I.G.R., I.M.A., I.P.P., I.R.N., J.A., J.B.S., J.C., J.F.P., J.H.R., J.M.R., J.S.O., J.S.P., J.V.V-2, J.V.V.1, K.G.D., K.N.E., K.P.P., L.C.R., L.M.V., M.A.H., M.A.M., M.A.S., M.B.G., M.C., M.C.M., M.E.C., M.H.H., M.J.P., M.P.P., M.R.A., M.R.C., M.R.N., N.M.L., N.N.A., N.R.N., N.V., N.V.V., O.M.G., O.T.G., R.B.V., R.M., R.P.F., R.S.J., S.A., S.A.M., S.J.A., S.M.C., S.M.G., S.V.S., T.F., T.T.G., V.G.R., V.P., W.A.A., Y.C., Z.F. (Doebbler, Curtis) (Entered: 03/26/2020)
17 MOTION for Leave to Appear Pro Hac Vice :Attorney NameJacquelyn M. Kline, Filing fee $ 100, receipt number ADCDC6962588. Fee Status: Fee Paid. by A.A.G., A.A.Q., A.B.H., A.C.O., A.G.M.-1, A.G.M.-2, A.G.M.-3, A.G.V., A.H.R., A.L.M., A.M.G., A.M.M., A.M.P., A.P.A., A.P.P., A.R., A.R.M., B.C.A., B.F.R., B.G.C., B.N.P., B.P., C.A.M., C.C.G., C.G.M., C.L., C.P.P., C.R.R., C.V.S., D.F.R., E.A.N., E.C.G., E.P.G., G.A.Q., G.L.C., G.M.A., G.R.D., G.S.C., H.G.M., I.G.R., I.M.A., I.P.P., I.R.N., J.A., J.B.S., J.C., J.F.P., J.H.R., J.M.R., J.S.O., J.S.P., J.V.V-2, J.V.V.-1, K.G.D., K.N.E., K.P.P., L.C.R., L.M.V., M.A.H., M.A.M., M.A.S., M.B.G., M.C., M.C.M., M.E.C., M.H.H., M.J.P., M.P.P., M.R.A., M.R.C., M.R.N., N.M.L., N.N.A., N.R.N., N.V., N.V.V., O.M.G., O.T.G., R.B.V., R.M., R.P.F., R.S.J., S.A., S.A.M., S.J.A., S.M.C., S.M.G., S.V.S., T.F., T.T.G., V.G.R., V.P., W.A.A., Y.C., Z.F. (Attachments: # 1 Declaration Jacquelyn M. Kline, # 2 Text of Proposed Order)(Copeland, Gregory) (Entered: 03/27/2020)
MINUTE ORDER GRANTING 15 Motion for Admission Pro Hac Vice of AMY MALDONADO. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions. So ORDERED by Judge James E. Boasberg on 3/27/2020. (lcjeb3) (Entered: 03/27/2020)

03/27/2020 03/27/2020
03/27/2020 03/29/2020
03/29/2020

MINUTE ORDER GRANTING 17 Motion for Admission Pro Hac Vice of JACQUELYN M. KLINE. Counsel should register for efiling via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions. So ORDERED by Judge James E. Boasberg on 3/27/2020. (lcjeb3) (Entered: 03/27/2020)
18 NOTICE of Appearance by Amy Maldonado on behalf of A.A.G., A.A.Q., A.B.H., A.C.O., A.G.M.-1, A.G.M.-2, A.G.M.-3, A.G.V., A.H.R., A.L.M., A.M.G., A.M.M., A.M.P., A.P.A., A.P.P., A.R., A.R.M., B.C.A., B.F.R., B.G.C., B.N.P., B.P., C.A.M., C.C.G., C.G.M., C.L., C.P.P., C.R.R., C.V.S., D.F.R., E.A.N., E.C.G., E.P.G., G.A.Q., G.L.C., G.M.A., G.R.D., G.S.C., H.G.M., I.G.R., I.M.A., I.P.P., I.R.N., J.A., J.B.S., J.C., J.F.P., J.H.R., J.M.R., J.S.O., J.S.P., J.V.V-2, J.V.V.1, K.G.D., K.N.E., K.P.P., L.C.R., L.M.V., M.A.H., M.A.M., M.A.S., M.B.G., M.C., M.C.M., M.E.C., M.H.H., M.J.P., M.P.P., M.R.A., M.R.C., M.R.N., N.M.L., N.N.A., N.R.N., N.V., N.V.V., O.M.G., O.T.G., R.B.V., R.M., R.P.F., R.S.J., S.A., S.A.M., S.J.A., S.M.C., S.M.G., S.V.S., T.F., T.T.G., V.G.R., V.P., W.A.A., Y.C., Z.F. (Attachments: # 1 Certificate of Service)(Maldonado, Amy) (Entered: 03/27/2020)
19 Memorandum in opposition to re 6 MOTION for Order, 4 MOTION for Temporary Restraining Order AND REQUEST FOR EMERGENCY HEARING MOTION for Hearing filed by WILLIAM BARR, CHAD WOLF. (Attachments: # 1 Declaration Tae Johnson, # 2 Exhibit Flores July 2018 Order)(Molina, Vanessa) (Entered: 03/27/2020)
20 MOTION for Joinder to Add Petitioners by A.A.G., A.A.Q., A.B.H., A.C.O., A.G.M.-1, A.G.M.-2, A.G.M.-3, A.G.V., A.H.R., A.L.M., A.M.G., A.M.M., A.M.P., A.P.A., A.P.P., A.R., A.R.M., B.C.A., B.F.R., B.G.C., B.N.P., B.P., C.A.M., C.C.G., C.G.M., C.L., C.P.P., C.R.R., C.V.S., D.F.R., E.A.N., E.C.G., E.P.G., G.A.Q., G.L.C., G.M.A., G.R.D., G.S.C., H.G.M., I.G.R., I.M.A., I.P.P., I.R.N., J.A., J.B.S., J.C., J.F.P., J.H.R., J.M.R., J.S.O., J.S.P., J.V.V-2, J.V.V.-1, K.G.D., K.N.E., K.P.P., L.C.R., L.M.V., M.A.H., M.A.M., M.A.S., M.B.G., M.C., M.C.M., M.E.C., M.H.H., M.J.P., M.P.P., M.R.A., M.R.C., M.R.N., N.M.L., N.N.A., N.R.N., N.V., N.V.V., O.M.G., O.T.G., R.B.V., R.M., R.P.F., R.S.J., S.A., S.A.M., S.J.A., S.M.C., S.M.G., S.V.S., T.F., T.T.G., V.G.R., V.P., W.A.A., Y.C., Z.F. (Attachments: # 1 Certificate of Service)(Maldonado, Amy) (Entered: 03/29/2020)
21 NOTICE of Voluntary Dismissal by M.C., M.H.H., N.V.V., O.M.G., R.B.V., S.M.G., S.V.S., V.G.R. (Attachments: # 1 Certificate of Service)(Maldonado, Amy) (Entered: 03/30/2020)

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22 SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by A.A.G., A.A.Q., A.B.H., A.C.O., A.G.M.-1, A.G.M.-2, A.G.M.-3, A.G.V., A.H.R., A.L.M., A.M.G., A.M.M., A.M.P., A.P.A., A.P.P., A.R., A.R.M., B.C.A., B.F.R., B.G.C., B.N.P., B.P., C.A.M., C.C.G., C.G.M., C.L., C.P.P., C.R.R., C.V.S., D.F.R., E.A.N., E.C.G., E.P.G., G.A.Q., G.L.C., G.M.A., G.R.D., G.S.C., H.G.M., I.G.R., I.M.A., I.P.P., I.R.N., J.A., J.B.S., J.C., J.F.P., J.H.R., J.M.R., J.S.O., J.S.P., J.V.V-2, J.V.V.-1, K.G.D., K.N.E., K.P.P., L.C.R., L.M.V., M.A.H., M.A.M., M.A.S., M.B.G., M.C., M.C.M., M.E.C., M.H.H., M.J.P., M.P.P., M.R.A., M.R.C., M.R.N., N.M.L., N.N.A., N.R.N., N.V., N.V.V., O.M.G., O.T.G., R.B.V., R.M., R.P.F., R.S.J., S.A., S.A.M., S.J.A., S.M.C., S.M.G., S.V.S., T.F., T.T.G., V.G.R., V.P., W.A.A., Y.C., Z.F. (This document is SEALED and only available to authorized persons.) (Attachments: # 1 Exhibit Dilley Petitioners, # 2 Exhibit Berks Petitioners, # 3 Exhibit Karnes Petitioners, # 4 Text of Proposed Order Proposed Order, # 5 Certificate of Service)(Maldonado, Amy) (Entered: 03/30/2020)
23 NOTICE of Appearance by Nicholas Marcus Renzler on behalf of Public Health Experts and American Academy of Pediatrics (Renzler, Nicholas) (Main Document 23 replaced on 3/30/2020) (ztth). (Entered: 03/30/2020)
24 Consent MOTION for Leave to File Amicus Brief by Public Health Experts and American Academy of Pediatrics (Attachments: # 1 Exhibit Proposed Order, # 2 Exhibit Amicus Brief)(Renzler, Nicholas) (Entered: 03/30/2020)
25 REPLY re 4 MOTION for Temporary Restraining Order AND REQUEST FOR EMERGENCY HEARING MOTION for Hearing filed by A.A.G., A.A.Q., A.B.H., A.C.O., A.G.M.-1, A.G.M.-2, A.G.M.-3, A.G.V., A.H.R., A.L.M., A.M.G., A.M.M., A.M.P., A.P.A., A.P.P., A.R., A.R.M., B.C.A., B.F.R., B.G.C., B.N.P., B.P., C.A.M., C.C.G., C.G.M., C.L., C.P.P., C.R.R., C.V.S., D.F.R., E.A.N., E.C.G., E.P.G., G.A.Q., G.L.C., G.M.A., G.R.D., G.S.C., H.G.M., I.G.R., I.M.A., I.P.P., I.R.N., J.A., J.B.S., J.C., J.F.P., J.H.R., J.M.R., J.S.O., J.S.P., J.V.V-2, J.V.V.-1, K.G.D., K.N.E., K.P.P., L.C.R., L.M.V., M.A.H., M.A.M., M.A.S., M.B.G., M.C., M.C.M., M.E.C., M.H.H., M.J.P., M.P.P., M.R.A., M.R.C., M.R.N., N.M.L., N.N.A., N.R.N., N.V., N.V.V., O.M.G., O.T.G., R.B.V., R.M., R.P.F., R.S.J., S.A., S.A.M., S.J.A., S.M.C., S.M.G., S.V.S., T.F., T.T.G., V.G.R., V.P., W.A.A., Y.C., Z.F.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20,

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# 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26, # 27 Exhibit 27, # 28 Exhibit 28, # 29 Exhibit 29, # 30 Exhibit 30, # 31 Exhibit 31)(Manning, Susan) Modified event and text on 3/30/2020 (ztth). (Entered: 03/30/2020)
26 ENTERED IN ERROR....NOTICE of Appearance by Susan Baker Manning on behalf of A.A.G., A.A.Q., A.C.O., A.G.M.-1, A.G.M.-2, A.G.M.-3, A.G.V., A.H.R., A.M.G., A.M.P., A.P.P., A.R., A.R.M., B.F.R., B.N.P., C.C.G., C.G.M., C.L., C.P.P., D.F.R., E.A.N., E.C.G., G.A.Q., G.M.A., G.R.D., I.M.A., I.P.P., I.R.N., J.A., J.C., J.F.P., J.H.R., J.M.R., J.S.O., J.S.P., K.N.E., K.P.P., L.C.R., L.M.V., M.A.H., M.A.M., M.A.S., M.C.M., M.E.C., M.J.P., M.P.P., M.R.A., M.R.C., M.R.N., N.M.L., N.N.A., N.R.N., N.V., O.T.G., R.M., R.P.F., R.S.J., S.A., S.A.M., S.J.A., S.M.C., T.F., T.T.G., V.P., W.A.A., Y.C., Z.F. (Manning, Susan); Modified on 3/31/2020 (ztth). (Entered: 03/30/2020)
Minute Entry for proceedings held before Judge James E. Boasberg: Motion Hearing held on 3/30/2020 re 4 MOTION for Temporary Restraining Order AND REQUEST FOR EMERGENCY HEARING MOTION for Hearing filed by A.H.R., A.G.M.-1, A.R., J.H.R., S.A., G.A.Q., A.A.G., M.R.N., L.C.R., J.A., S.M.G., E.C.G., J.S.O., O.M.G., G.S.C., G.M.A., M.H.H., N.V.V., J.V.V-2, A.C.O., A.G.V., M.J.P., W.A.A., A.M.G., S.M.C., M.C., I.M.A., G.L.C., J.F.P., O.T.G., N.N.A., B.P., K.N.E., H.G.M., C.R.R., R.B.V., A.M.P., M.A.H., A.M.M., C.L., G.R.D., J.B.S., M.P.P., C.C.G., A.P.P., V.G.R., M.R.A., B.N.P., S.V.S., S.A.M., R.M., N.M.L., M.C.M., N.R.N., A.G.M.-2, R.S.J., A.A.Q., M.R.C., D.F.R., T.T.G., Y.C., J.M.R., A.R.M., T.F., J.S.P., K.P.P., C.P.P., R.P.F., A.G.M.-3, B.F.R., S.J.A., I.R.N., I.G.R., V.P., C.A.M., M.A.M., A.L.M., K.G.D., C.V.S., M.A.S., M.B.G., B.C.A., J.V.V.-1, C.G.M., J.C., E.A.N., I.P.P., L.M.V., A.B.H., A.P.A., N.V., E.P.G., Z.F., B.G.C., M.E.C.. Oral arguments heard. Order forthcoming. (Court Reporter Crystal Pilgrim) (nbn) (Entered: 03/30/2020)
MINUTE ORDER: As discussed at today's telephonic TRO hearing, the Court ORDERS that: 1) Petitioners' 4 Motion for TRO is GRANTED IN PART and DENIED IN PART WITHOUT PREJUDICE; 2) The Government shall provide for the adults at the three Family Residential Centers the same protocols and procedures as ordered for the children there in Flores v. Barr, No. 85-4544 (C.D. Cal. March 28, 2020); 3) The Government shall provide to FRC detainees CDC-compliant protocols and protections for congregate settings in civil-detention facilities; 4) By April 6, 2020, the Government shall provide the Court with a report regarding capacity of the three FRCs, the implementation of the CDC guidelines, and the number of detainees released, as well as videotape of the living conditions at the FRCs; and

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5) The Court shall hold a further telephonic hearing after April 6, 2020, on a date and time convenient for the parties. So ORDERED by Judge James E. Boasberg on 3/30/2020. (lcjeb2) (Entered: 03/30/2020)
27 NOTICE of Appearance- Pro Bono by Karon Nicole Fowler on behalf of A.A.G., A.A.Q., A.C.O., A.G.M.-1, A.G.M.-2, A.G.M.-3, A.G.V., A.H.R., A.M.G., A.M.P., A.P.P., A.R., A.R.M., B.F.R., B.N.P., C.C.G., C.G.M., C.L., C.P.P., D.F.R., E.A.N., E.C.G., G.A.Q., G.M.A., G.R.D., I.M.A., I.P.P., I.R.N., J.A., J.C., J.F.P., J.H.R., J.M.R., J.S.O., J.S.P., K.N.E., K.P.P., L.C.R., L.M.V., M.A.H., M.A.M., M.A.S., M.C.M., M.E.C., M.J.P., M.P.P., M.R.A., M.R.C., M.R.N., N.M.L., N.N.A., N.R.N., N.V., O.T.G., R.M., R.P.F., R.S.J., S.A., S.A.M., S.J.A., S.M.C., T.F., T.T.G., V.P., W.A.A., Y.C., Z.F. (Fowler, Karon) (Entered: 03/30/2020)
28 NOTICE of Appearance- Pro Bono by Michael Sikora on behalf of A.A.G., A.A.Q., A.C.O., A.G.M.-1, A.G.M.-2, A.G.M.-3, A.G.V., A.H.R., A.M.G., A.M.P., A.P.P., A.R., A.R.M., B.F.R., B.N.P., C.C.G., C.G.M., C.L., C.P.P., D.F.R., E.A.N., E.C.G., G.A.Q., G.M.A., G.R.D., I.M.A., I.P.P., I.R.N., J.A., J.C., J.F.P., J.H.R., J.M.R., J.S.O., J.S.P., K.N.E., K.P.P., L.C.R., L.M.V., M.A.H., M.A.M., M.A.S., M.C.M., M.E.C., M.J.P., M.P.P., M.R.A., M.R.C., M.R.N., N.M.L., N.N.A., N.R.N., N.V., O.T.G., R.M., R.P.F., R.S.J., S.A., S.A.M., S.J.A., S.M.C., T.F., T.T.G., V.P., W.A.A., Y.C., Z.F. (Sikora, Michael) (Entered: 03/30/2020)
29 NOTICE of Appearance- Pro Bono by Sanjay Krishna Murthy on behalf of A.A.G., A.A.Q., A.C.O., A.G.M.-1, A.G.M.-2, A.G.M.-3, A.G.V., A.H.R., A.M.G., A.M.P., A.P.P., A.R., A.R.M., B.F.R., B.N.P., C.C.G., C.G.M., C.L., C.P.P., D.F.R., E.A.N., E.C.G., G.A.Q., G.M.A., G.R.D., I.M.A., I.P.P., I.R.N., J.A., J.C., J.F.P., J.H.R., J.M.R., J.S.O., J.S.P., K.N.E., K.P.P., L.C.R., L.M.V., M.A.H., M.A.M., M.A.S., M.C.M., M.E.C., M.J.P., M.P.P., M.R.A., M.R.C., M.R.N., N.M.L., N.N.A., N.R.N., N.V., O.T.G., R.M., R.P.F., R.S.J., S.A., S.A.M., S.J.A., S.M.C., T.F., T.T.G., V.P., W.A.A., Y.C., Z.F. (Murthy, Sanjay) (Entered: 03/30/2020)
30 NOTICE of Appearance- Pro Bono by Maria Doukas on behalf of A.A.G., A.A.Q., A.C.O., A.G.M.-1, A.G.M.-2, A.G.M.-3, A.G.V., A.H.R., A.M.G., A.M.P., A.P.P., A.R., A.R.M., B.F.R., B.N.P., C.C.G., C.G.M., C.L., C.P.P., D.F.R., E.A.N., E.C.G., G.A.Q., G.M.A., G.R.D., I.M.A., I.P.P., I.R.N., J.A., J.C., J.F.P., J.H.R., J.M.R., J.S.O., J.S.P., K.N.E., K.P.P., L.C.R., L.M.V., M.A.H., M.A.M., M.A.S., M.C.M., M.E.C., M.J.P., M.P.P., M.R.A., M.R.C., M.R.N., N.M.L., N.N.A., N.R.N., N.V., O.T.G., R.M., R.P.F., R.S.J., S.A., S.A.M., S.J.A.,

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S.M.C., T.F., T.T.G., V.P., W.A.A., Y.C., Z.F. (Doukas, Maria) (Entered: 03/30/2020)
Set/Reset Deadlines: Government shall provide the Court with a report regarding capacity of the three FRCs, the implementation of the CDC guidelines, and the number of detainees released, as well as videotape of the living conditions at the FRCs by 4/6/2020. (nbn) (Entered: 03/31/2020)
31 NOTICE of Appearance by Christopher Ryan Hart on behalf of AMERICAN ACADEMY OF PEDIATRICS, GREGG GONSALVES, NOLAN KLINE, ALANA M.W. LEBRON, WILLIAM D. LOPEZ, RANIT MISHORI, NICOLE L. NOVAK, KATHERINE R. PEELER, BASIL AWNI SAFI, MARIA-ELENA DE TRINIDAD YOUNG (Hart, Christopher) (Entered: 03/31/2020)
NOTICE OF ERROR re 26 Notice of Appearance; emailed to susan.manning@morganlewis.com, cc'd 21 associated attorneys -- The PDF file you docketed contained errors: 1. Incorrect document/case, 2. Please refile document, 3. Docket Entry 26 was entered in error. (ztth, ) (Entered: 03/31/2020)
32 Consent MOTION for Leave to Appear Pro Hac Vice :Attorney NameIan Matthew Kysel, Filing fee $ 100, receipt number ADCDC6977254. Fee Status: Fee Paid. by AMERICAN ACADEMY OF PEDIATRICS, GREGG GONSALVES, NOLAN KLINE, ALANA M.W. LEBRON, WILLIAM D. LOPEZ, RANIT MISHORI, NICOLE L. NOVAK, KATHERINE R. PEELER, BASIL AWNI SAFI, MARIA-ELENA DE TRINIDAD YOUNG (Attachments: # 1 Exhibit Declaration, # 2 Exhibit Proposed Order)(Hart, Christopher) (Entered: 04/01/2020)
33 Consent MOTION for Leave to Appear Pro Hac Vice :Attorney NameBeth Lyon, Filing fee $ 100, receipt number ADCDC-6977257. Fee Status: Fee Paid. by AMERICAN ACADEMY OF PEDIATRICS, GREGG GONSALVES, NOLAN KLINE, ALANA M.W. LEBRON, WILLIAM D. LOPEZ, RANIT MISHORI, NICOLE L. NOVAK, KATHERINE R. PEELER, BASIL AWNI SAFI, MARIA-ELENA DE TRINIDAD YOUNG (Attachments: # 1 Exhibit Declaration, # 2 Exhibit Proposed Order)(Hart, Christopher) (Entered: 04/01/2020)
34 Consent MOTION for Leave to Appear Pro Hac Vice :Attorney NameChantal Thomas, Filing fee $ 100, receipt number ADCDC-6977262. Fee Status: Fee Paid. by AMERICAN ACADEMY OF PEDIATRICS, GREGG GONSALVES, NOLAN KLINE, ALANA M.W. LEBRON, WILLIAM D. LOPEZ, RANIT MISHORI, NICOLE L. NOVAK, KATHERINE R. PEELER, BASIL AWNI SAFI, MARIA-ELENA DE

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TRINIDAD YOUNG (Attachments: # 1 Exhibit Declaration, # 2 Exhibit Proposed Order)(Hart, Christopher) (Entered: 04/01/2020)
MINUTE ORDER GRANTING 32 Motion for Leave to Appear Pro Hac Vice of Ian Matthew Kysel. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions. So ORDERED by Judge James E. Boasberg on 4/1/2020. (lcjeb1) (Entered: 04/01/2020)
MINUTE ORDER GRANTING 33 Motion for Leave to Appear Pro Hac Vice of Beth Lyon. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions. So ORDERED by Judge James E. Boasberg on 4/1/2020. (lcjeb1) (Entered: 04/01/2020)
MINUTE ORDER GRANTING 34 Motion for Leave to Appear Pro Hac Vice of Chantal Thomas. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions. So ORDERED by Judge James E. Boasberg on 4/1/2020. (lcjeb1) (Entered: 04/01/2020)
35 NOTICE of Appearance- Pro Hac Vice by Ian Matthew Kysel on behalf of AMERICAN ACADEMY OF PEDIATRICS, GREGG GONSALVES, NOLAN KLINE, ALANA M.W. LEBRON, WILLIAM D. LOPEZ, RANIT MISHORI, NICOLE L. NOVAK, KATHERINE R. PEELER, BASIL AWNI SAFI, MARIA-ELENA DE TRINIDAD YOUNG, Ian Matthew Kysel (Kysel, Ian); Modified text on 4/3/2020 (ztth). (Entered: 04/02/2020)
36 ENTERED IN ERROR.....MOTION for Joinder to Add Plaintiffs Pursuant to FRCP 20(a) and 21 by A.A.G., A.A.Q., A.B.H., A.C.O., A.G.M.-1, A.G.M.-2, A.G.M.-3, A.G.V., A.H.R., A.L.M., A.M.G., A.M.M., A.M.P., A.P.A., A.P.P., A.R., A.R.M., B.C.A., B.F.R., B.G.C., B.N.P., B.P., C.A.M., C.C.G., C.G.M., C.L., C.P.P., C.R.R., C.V.S., D.F.R., E.A.N., E.C.G., E.P.G., G.A.Q., G.L.C., G.M.A., G.R.D., G.S.C., H.G.M., I.G.R., I.M.A., I.P.P., I.R.N., J.A., J.B.S., J.C., J.F.P., J.H.R., J.M.R., J.S.O., J.S.P., J.V.V-2, J.V.V.-1, K.G.D., K.N.E., K.P.P., L.C.R., L.M.V., M.A.H., M.A.M., M.A.S., M.B.G., M.C., M.C.M., M.E.C., M.H.H., M.J.P., M.P.P., M.R.A., M.R.C., M.R.N., N.M.L., N.N.A., N.R.N., N.V., N.V.V., O.M.G., O.T.G., R.B.V., R.M., R.P.F., R.S.J., S.A., S.A.M., S.J.A., S.M.C., S.M.G., S.V.S., T.F., T.T.G., V.G.R., V.P., W.A.A., Y.C., Z.F. (Attachments: # 1 Exhibit A Declaration of GSC Redacted, # 2 Exhibit B - Request for RFR Redacted, # 3 Text of Proposed Order, # 4 Certificate of Service)(Maldonado, Amy); Modified on 4/6/2020 (ztth). (Entered: 04/03/2020)

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37 ENTERED IN ERROR.....Emergency MOTION to Stay Removal of Proposed Additional Plaintiffs by A.A.G., A.A.Q., A.B.H., A.C.O., A.G.M.-1, A.G.M.-2, A.G.M.-3, A.G.V., A.H.R., A.L.M., A.M.G., A.M.M., A.M.P., A.P.A., A.P.P., A.R., A.R.M., B.C.A., B.F.R., B.G.C., B.N.P., B.P., C.A.M., C.C.G., C.G.M., C.L., C.P.P., C.R.R., C.V.S., D.F.R., E.A.N., E.C.G., E.P.G., G.A.Q., G.L.C., G.M.A., G.R.D., G.S.C., H.G.M., I.G.R., I.M.A., I.P.P., I.R.N., J.A., J.B.S., J.C., J.F.P., J.H.R., J.M.R., J.S.O., J.S.P., J.V.V-2, J.V.V.-1, K.G.D., K.N.E., K.P.P., L.C.R., L.M.V., M.A.H., M.A.M., M.A.S., M.B.G., M.C., M.C.M., M.E.C., M.H.H., M.J.P., M.P.P., M.R.A., M.R.C., M.R.N., N.M.L., N.N.A., N.R.N., N.V., N.V.V., O.M.G., O.T.G., R.B.V., R.M., R.P.F., R.S.J., S.A., S.A.M., S.J.A., S.M.C., S.M.G., S.V.S., T.F., T.T.G., V.G.R., V.P., W.A.A., Y.C., Z.F. (Attachments: # 1 Exhibit, # 2 Text of Proposed Order, # 3 Certificate of Service)(Maldonado, Amy); Modified on 4/6/2020 (ztth). (Entered: 04/03/2020)
38 ERRATA re: ECF 36 and ECF 37 by A.A.G., A.A.Q., A.C.O., A.G.M.-1, A.G.M.-2, A.G.M.-3, A.G.V., A.H.R., A.M.G., A.M.P., A.P.P., A.R., A.R.M., B.F.R., B.N.P., C.C.G., C.G.M., C.L., C.P.P., D.F.R., E.A.N., E.C.G., G.A.Q., G.M.A., G.R.D., I.M.A., I.P.P., I.R.N., J.A., J.C., J.F.P., J.H.R., J.M.R., J.S.O., J.S.P., K.N.E., K.P.P., L.C.R., L.M.V., M.A.H., M.A.M., M.A.S., M.C.M., M.E.C., M.J.P., M.P.P., M.R.A., M.R.C., M.R.N., N.M.L., N.N.A., N.R.N., N.V., O.T.G., R.M., R.P.F., R.S.J., S.A., S.A.M., S.J.A., S.M.C., T.F., T.T.G., V.P., W.A.A., Y.C., Z.F. 37 Emergency MOTION to Stay Removal of Proposed Additional Plaintiffs filed by A.H.R., A.G.M.-1, A.R., J.H.R., S.A., G.A.Q., A.A.G., M.R.N., L.C.R., J.A., S.M.G., E.C.G., J.S.O., O.M.G., G.S.C., G.M.A., M.H.H., N.V.V., J.V.V-2, A.C.O., A.G.V., M.J.P., W.A.A., A.M.G., S.M.C., M.C., I.M.A., G.L.C., J.F.P., O.T.G., N.N.A., B.P., K.N.E., H.G.M., C.R.R., R.B.V., A.M.P., M.A.H., A.M.M., C.L., G.R.D., J.B.S., M.P.P., C.C.G., A.P.P., V.G.R., M.R.A., B.N.P., S.V.S., S.A.M., R.M., N.M.L., M.C.M., N.R.N., A.G.M.-2, R.S.J., A.A.Q., M.R.C., D.F.R., T.T.G., Y.C., J.M.R., A.R.M., T.F., J.S.P., K.P.P., C.P.P., R.P.F., A.G.M.-3, B.F.R., S.J.A., I.R.N., I.G.R., V.P., C.A.M., M.A.M., A.L.M., K.G.D., C.V.S., M.A.S., M.B.G., B.C.A., J.V.V.-1, C.G.M., J.C., E.A.N., I.P.P., L.M.V., A.B.H., A.P.A., N.V., E.P.G., Z.F., B.G.C., M.E.C., 36 MOTION for Joinder to Add Plaintiffs Pursuant to FRCP 20(a) and 21 filed by A.H.R., A.G.M.-1, A.R., J.H.R., S.A., G.A.Q., A.A.G., M.R.N., L.C.R., J.A., S.M.G., E.C.G., J.S.O., O.M.G., G.S.C., G.M.A., M.H.H., N.V.V., J.V.V-2, A.C.O., A.G.V., M.J.P., W.A.A., A.M.G., S.M.C., M.C., I.M.A., G.L.C., J.F.P., O.T.G., N.N.A., B.P., K.N.E., H.G.M., C.R.R., R.B.V., A.M.P., M.A.H., A.M.M., C.L., G.R.D., J.B.S., M.P.P., C.C.G., A.P.P., V.G.R., M.R.A., B.N.P., S.V.S., S.A.M., R.M., M.C.M., N.M.L., N.R.N., A.G.M.-2, R.S.J., M.R.C., A.A.Q., D.F.R., Y.C., T.T.G., J.M.R., A.R.M., T.F., K.P.P., J.S.P., C.P.P., R.P.F., A.G.M.-3, B.F.R.,

04/06/2020 04/06/2020 04/06/2020
04/06/2020 04/07/2020

S.J.A., I.R.N., I.G.R., V.P., C.A.M., A.L.M., M.A.M., K.G.D., C.V.S., M.A.S., M.B.G., B.C.A., J.V.V.-1, E.A.N., C.G.M., J.C., I.P.P., L.M.V., A.B.H., A.P.A., N.V., B.G.C., Z.F., E.P.G., M.E.C.. (Attachments: # 1 Certificate of Service)(Maldonado, Amy) (Entered: 04/03/2020)
NOTICE OF CORRECTED DOCKET ENTRY: re 37 Emergency MOTION to Stay Removal of Proposed Additional Plaintiffs, 36 MOTION for Joinder to Add Plaintiffs Pursuant to FRCP 20(a) and 21 were entered in error. Said pleadings were filed under the wrong case number. (ztth) (Entered: 04/06/2020)
39 STATUS REPORT in response to minute order by WILLIAM P. BARR, CHAD WOLF. (Attachments: # 1 Declaration Harper, # 2 Declaration Sheridan, # 3 Declaration George)(Molina, Vanessa) (Entered: 04/06/2020)
MINUTE ORDER: The Court ORDERS that: 1) Petitioners' 20 Motion to Add is DENIED WITHOUT PREJUDICE for failure to comply with LCvR 7(m); 2) Petitioners' 22 Sealed Motion is, consequently, DENIED WITHOUT PREJUDICE as moot; 3) Amici's 24 Motion is DENIED WITHOUT PREJUDICE because the brief violates the Court's Local Rule regarding excessive footnotes; Amici may refile a brief with no more than ten footnotes containing no more than 50 aggregate lines of text; and 4) Given the filing of Defendants' 39 Status Report, the Court ORDERS that, by April 8, 2020, the parties shall file a joint status report indicating when they wish the Court to hold its next hearing on the TRO. So ORDERED by Judge James E. Boasberg on 4/6/2020. (lcjeb1) (Entered: 04/06/2020)
Set/Reset Deadlines: Joint Status Report due by 4/8/2020. (nbn) (Entered: 04/07/2020)
40 TRANSCRIPT OF PROCEEDINGS before Judge James E. Boasberg held on 03/30/2020; Page Numbers: 1-27. Date of Issuance:04/07/2020. Court Reporter/Transcriber Crystal M. Pilgrim, Telephone number 202.354.3127, Transcripts may be ordered by submitting the Transcript Order Form For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter reference d above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.
NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request

04/07/2020 04/07/2020 04/07/2020 04/08/2020
04/09/2020

to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov.
Redaction Request due 4/28/2020. Redacted Transcript Deadline set for 5/8/2020. Release of Transcript Restriction set for 7/6/2020.(Pilgrim, Crystal) (Entered: 04/07/2020)
41 Consent MOTION for Leave to File Amicus Brief by AMERICAN ACADEMY OF PEDIATRICS, GREGG GONSALVES, NOLAN KLINE, ALANA M.W. LEBRON, WILLIAM D. LOPEZ, RANIT MISHORI, NICOLE L. NOVAK, KATHERINE R. PEELER, BASIL AWNI SAFI, MARIA-ELENA DE TRINIDAD YOUNG (Attachments: # 1 Exhibit Proposed Order, # 2 Exhibit Amicus Brief)(Hart, Christopher) (Entered: 04/07/2020)
MINUTE ORDER: The Court ORDERS that: 1) the 41 Motion of the Public Health Experts and the American Academy of Pediatrics for Leave to File Brief as Amicus Curiae is GRANTED; and 2) the seal shall be lifted upon their amicus brief. So ORDERED by Judge James E. Boasberg on 4/7/2020. (lcjeb1). (Entered: 04/07/2020)
42 AMICUS BRIEF by AMERICAN ACADEMY OF PEDIATRICS, GREGG GONSALVES, NOLAN KLINE, ALANA M.W. LEBRON, WILLIAM D. LOPEZ, RANIT MISHORI, NICOLE L. NOVAK, KATHERINE R. PEELER, BASIL AWNI SAFI, MARIA-ELENA DE TRINIDAD YOUNG. (ztth) (Entered: 04/08/2020)
43 Joint STATUS REPORT REGARDING PETITIONERS MOTION FOR TEMPORARY RESTRAINING ORDER by A.A.G., A.A.Q., A.C.O., A.G.M.-1, A.G.M.-2, A.G.M.-3, A.G.V., A.H.R., A.M.G., A.M.P., A.P.P., A.R., A.R.M., B.F.R., B.N.P., WILLIAM P. BARR, C.C.G., C.G.M., C.L., C.P.P., D.F.R., E.A.N., E.C.G., G.A.Q., G.M.A., G.R.D., I.M.A., I.P.P., I.R.N., J.A., J.C., J.F.P., J.H.R., J.M.R., J.S.O., J.S.P., K.N.E., K.P.P., L.C.R., L.M.V., M.A.H., M.A.M., M.A.S., M.C.M., M.E.C., M.J.P., M.P.P., M.R.A., M.R.C., M.R.N., N.M.L., N.N.A., N.R.N., N.V., O.T.G., R.M., R.P.F., R.S.J., S.A., S.A.M., S.J.A., S.M.C., T.F., T.T.G., V.P., W.A.A., CHAD WOLF, Y.C., Z.F.. (Manning, Susan) (Entered: 04/08/2020)
MINUTE ORDER: The Court ORDERS that: 1) Petitioners shall file any response to Respondents' Status Report by April 10, 2020; and 2) The parties shall appear for a telephonic hearing on the TRO on April

04/09/2020 04/10/2020
04/13/2020 04/13/2020
04/13/2020

13, 2020, at 2:30 p.m. So ORDERED by Judge James E. Boasberg on 4/9/2020. (lcjeb1) (Entered: 04/09/2020)
Set/Reset Deadlines/Hearings: Responses to Status Report due by 4/10/2020. Telephone TRO Conference set for 4/13/2020 at 02:30 PM in Chambers before Judge James E. Boasberg. (nbn) (Entered: 04/09/2020)
44 RESPONSE re 39 Status Report by Respondents filed by A.A.G., A.A.Q., A.B.H., A.C.O., A.G.M.-1, A.G.M.-2, A.G.M.-3, A.G.V., A.H.R., A.L.M., A.M.G., A.M.M., A.M.P., A.P.A., A.P.P., A.R., A.R.M., B.C.A., B.F.R., B.G.C., B.N.P., B.P., C.A.M., C.C.G., C.G.M., C.L., C.P.P., C.R.R., C.V.S., D.F.R., E.A.N., E.C.G., E.P.G., G.A.Q., G.L.C., G.M.A., G.R.D., G.S.C., H.G.M., I.G.R., I.M.A., I.P.P., I.R.N., J.A., J.B.S., J.C., J.F.P., J.H.R., J.M.R., J.S.O., J.S.P., J.V.V-2, J.V.V.1, K.G.D., K.N.E., K.P.P., L.C.R., L.M.V., M.A.H., M.A.M., M.A.S., M.B.G., M.C., M.C.M., M.E.C., M.H.H., M.J.P., M.P.P., M.R.A., M.R.C., M.R.N., N.M.L., N.N.A., N.R.N., N.V., N.V.V., O.M.G., O.T.G., R.B.V., R.M., R.P.F., R.S.J., S.A., S.A.M., S.J.A., S.M.C., S.M.G., S.V.S., T.F., T.T.G., V.G.R., V.P., W.A.A., Y.C., Z.F.. (Attachments: # 1 Exhibit 32, # 2 Exhibit 33, # 3 Exhibit 34, # 4 Exhibit 35, # 5 Exhibit 36, # 6 Exhibit 37, # 7 Exhibit 38, # 8 Exhibit 39, # 9 Exhibit 40, # 10 Exhibit 41, # 11 Exhibit 42, # 12 Exhibit 43, # 13 Exhibit 44, # 14 Exhibit 45, # 15 Exhibit 46, # 16 Exhibit 47)(Manning, Susan) (Entered: 04/10/2020)
45 AFFIDAVIT re 39 Status Report Updated declaration by WILLIAM P. BARR, CHAD WOLF. (Attachments: # 1 Declaration Harper)(Molina, Vanessa) (Entered: 04/13/2020)
46 Unopposed MOTION for Joinder to Add Petitioners Pursuant to FRCP 20(a) and 21 by A.A.G., A.A.Q., A.C.O., A.G.M.-1, A.G.M.-2, A.G.M.-3, A.G.V., A.H.R., A.M.G., A.M.P., A.P.P., A.R., A.R.M., B.F.R., B.N.P., C.C.G., C.G.M., C.L., C.P.P., D.F.R., E.A.N., E.C.G., G.A.Q., G.M.A., G.R.D., I.M.A., I.P.P., I.R.N., J.A., J.C., J.F.P., J.H.R., J.M.R., J.S.O., J.S.P., K.N.E., K.P.P., L.C.R., L.M.V., M.A.H., M.A.M., M.A.S., M.C.M., M.E.C., M.J.P., M.P.P., M.R.A., M.R.C., M.R.N., N.M.L., N.N.A., N.R.N., N.V., O.T.G., R.M., R.P.F., R.S.J., S.A., S.A.M., S.J.A., S.M.C., T.F., T.T.G., V.P., W.A.A., Y.C., Z.F. (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Service)(Maldonado, Amy) (Entered: 04/13/2020)
47 SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by A.A.G., A.A.Q., A.C.O., A.G.M.-1, A.G.M.-2, A.G.M.3, A.G.V., A.H.R., A.M.G., A.M.P., A.P.P., A.R., A.R.M., B.F.R., B.N.P., C.C.G., C.G.M., C.L., C.P.P., D.F.R., E.A.N., E.C.G., G.A.Q.,

04/13/2020 04/13/2020
04/13/2020 04/13/2020 04/13/2020 04/20/2020

G.M.A., G.R.D., I.M.A., I.P.P., I.R.N., J.A., J.C., J.F.P., J.H.R., J.M.R., J.S.O., J.S.P., K.N.E., K.P.P., L.C.R., L.M.V., M.A.H., M.A.M., M.A.S., M.C.M., M.E.C., M.J.P., M.P.P., M.R.A., M.R.C., M.R.N., N.M.L., N.N.A., N.R.N., N.V., O.T.G., R.M., R.P.F., R.S.J., S.A., S.A.M., S.J.A., S.M.C., T.F., T.T.G., V.P., W.A.A., Y.C., Z.F. (This document is SEALED and only available to authorized persons.) (Attachments: # 1 Exhibit Exhibit A - Dilley Proposed Additional Petitioners, # 2 Exhibit Exhibit B - Berks Proposed Additional Petitioners, # 3 Exhibit Exhibit C - Karnes Proposed Additional Petitioners, # 4 Text of Proposed Order, # 5 Certificate of Service)(Maldonado, Amy) (Entered: 04/13/2020)
Minute Entry for proceedings held before Judge James E. Boasberg: Telephone Conference held on 4/13/2020. Government Notice due by 4/22/2020. Petitioner Responses due by 4/24/2020. A further Telephone Conference set for 4/27/2020 at 11:30 AM in Chambers before Judge James E. Boasberg. Order forthcoming. (Court Reporter Lisa Griffith) (nbn) (Entered: 04/13/2020)
MINUTE ORDER: As discussed in today's telephonic hearing, the Court ORDERS that: 1) By April 22, 2020, the Government will file a Notice with the Court updating for the three FRCs: a) its statistics on detainees and releases; b) its compliance with CDC guidelines; c) its medical capabilities (including testing); d) its treatment plans; e) its coordination with local health care; and f) its PPE supplies; 2) Plaintiffs may file a Response by April 24, 2020; and 3) The parties shall return for a further telephonic hearing on April 27, 2020, at 11:30 a.m. So ORDERED by Judge James E. Boasberg on 4/13/2020. (lcjeb1) (Entered: 04/13/2020)
MINUTE ORDER: The Court GRANTS Petitioners' 46 Motion for Joinder. So ORDERED by Judge James E. Boasberg on 4/13/2020. (lcjeb1) (Entered: 04/13/2020)
MINUTE ORDER: The Court GRANTS Petitioners' 47 Motion for Leave to File Document Under Seal. So ORDERED by Judge James E. Boasberg on 4/13/2020. (lcjeb1) (Entered: 04/13/2020)
48 SEALED DOCUMENT (Exhibit A) filed by ALL PETITIONERS. (This document is SEALED and only available to authorized persons.) (Attachments: # 1 Exhibit B, # 2 Exhibit C) (ztth); Modified on text 4/14/2020 (ztth). (Entered: 04/14/2020)
49 TRANSCRIPT OF PROCEEDINGS before Judge James E. Boasberg held on 4/13/2020; Page Numbers: 1-25. Date of Issuance:4/20/2020. Court Reporter/Transcriber Lisa W Griffith, Telephone number

04/21/2020 04/22/2020 04/22/2020
04/24/2020

2023543247, Transcripts may be ordered by submitting the Transcript Order Form For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above . After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.
NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov.
Redaction Request due 5/11/2020. Redacted Transcript Deadline set for 5/21/2020. Release of Transcript Restriction set for 7/19/2020.(Griffith, Lisa) (Entered: 04/20/2020)
50 Unopposed MOTION for Leave to File video footage under seal by WILLIAM P. BARR, CHAD WOLF (Attachments: # 1 Text of Proposed Order)(Molina, Vanessa) (Entered: 04/21/2020)
MINUTE ORDER: The Court GRANTS Respondents' 50 Motion for Leave to File Under Seal and ORDERS that the submitted video footage shall be filed under seal. So ORDERED by Judge James E. Boasberg on 4/22/2020. (lcjeb1) (Entered: 04/22/2020)
51 STATUS REPORT Updated Status Report by WILLIAM P. BARR, CHAD WOLF re Order,, (Attachments: # 1 Declaration Harper, # 2 Declaration Sheridan, # 3 Declaration George, # 4 Declaration Dr. Montalvo, # 5 Declaration Dr. Cantu, # 6 Declaration Green MS, # 7 Exhibit Kaiser MOU)(Molina, Vanessa) Modified event title on 4/27/2020 (znmw). (Entered: 04/22/2020)
52 RESPONSE re 51 Notice (Other), filed by A.A.G., A.A.Q., A.B.H., A.C.O., A.G.M.-1, A.G.M.-2, A.G.M.-3, A.G.V., A.H.R., A.L.M., A.M.G., A.M.M., A.M.P., A.P.A., A.P.P., A.R., A.R.M., B.C.A., B.F.R., B.G.C., B.N.P., B.P., C.A.M., C.C.G., C.G.M., C.L., C.P.P., C.R.R., C.V.S., D.F.R., E.A.N., E.C.G., E.P.G., G.A.Q., G.L.C., G.M.A., G.R.D., G.S.C., H.G.M., I.G.R., I.M.A., I.P.P., I.R.N., J.A., J.B.S., J.C., J.F.P., J.H.R., J.M.R., J.S.O., J.S.P., J.V.V-2, J.V.V.-1, K.G.D., K.N.E., K.P.P., L.C.R., L.M.V., M.A.H., M.A.M., M.A.S., M.B.G., M.C., M.C.M., M.E.C., M.H.H., M.J.P., M.P.P., M.R.A., M.R.C., M.R.N., N.M.L., N.N.A., N.R.N., N.V., N.V.V., O.M.G.,

04/27/2020 04/27/2020 04/27/2020
04/27/2020 05/15/2020 05/19/2020 05/20/2020

O.T.G., R.B.V., R.M., R.P.F., R.S.J., S.A., S.A.M., S.J.A., S.M.C., S.M.G., S.V.S., T.F., T.T.G., V.G.R., V.P., W.A.A., Y.C., Z.F.. (Attachments: # 1 Exhibit 48, # 2 Exhibit 49, # 3 Exhibit 50, # 4 Exhibit 51, # 5 Exhibit 52, # 6 Exhibit 53, # 7 Exhibit 54, # 8 Exhibit 55, # 9 Exhibit 56, # 10 Exhibit 57, # 11 Exhibit 58, # 12 Exhibit 59, # 13 Exhibit 60, # 14 Exhibit 61, # 15 Exhibit 62, # 16 Exhibit 63, # 17 Exhibit 64)(Manning, Susan) (Entered: 04/24/2020)
53 REPLY Notice of updated report and reply by WILLIAM P. BARR, CHAD WOLF re 52 Response to Document,,,, (Attachments: # 1 Declaration Harper, # 2 Appendix Case law)(Molina, Vanessa) Modified event title on 4/27/2020 (znmw). (Entered: 04/27/2020)
Minute Entry for proceedings held before Judge James E. Boasberg: Telephone Conference held on 4/27/2020. A further Telephone Conference is set for 5/20/2020 at 11:30 AM in Telephonic/VTC before Judge James E. Boasberg. Order forthcoming. (Court Reporter Lisa Griffith) (nbn) (Entered: 04/27/2020)
MINUTE ORDER: As discussed in today's telephonic status hearing, the Court ORDERS that: 1) Defendants shall by May 15, 2020, file a report covering the topics required in the Flores Order at 4(b)(i-v), found at ECF No. 52-13 at pp. 21-22, with the exception in (i) of the list of persons remaining in custody longer than 20 days and the reasons therefor; and 2) The parties shall return for a further telephonic hearing on May 20, 2020, at 11:30 a.m. So ORDERED by Judge James E. Boasberg on 4/27/2020. (lcjeb1) (Entered: 04/27/2020)
Set/Reset Deadlines: Defendants shall file a report covering the topics required in the Flores Order at 4(b)(i-v), found at ECF No. 52-13 at pp. 21-22, with the exception in (i) of the list of persons remaining in custody longer than 20 days and the reasons therefor by 5/15/2020. (nbn) (Entered: 04/27/2020)
54 STATUS REPORT Third Updated Report by WILLIAM P. BARR, CHAD WOLF re Order,, (Attachments: # 1 Declaration Harper, # 2 Exhibit Juvenile Coord Report)(Molina, Vanessa) Modified event title on 5/19/2020 (znmw). (Entered: 05/15/2020)
55 RESPONSE re 54 Notice (Other) filed by ALL PETITIONERS. (Attachments: # 1 Exhibit 65, # 2 Exhibit 66, # 3 Exhibit 67, # 4 Exhibit 68, # 5 Exhibit 69, # 6 Exhibit 70)(Manning, Susan) (Entered: 05/19/2020)
56 STATUS REPORT by WILLIAM P. BARR, CHAD WOLF re 54 Notice (Other) (Attachments: # 1 Declaration Harper)(Molina,

05/20/2020 05/20/2020 05/26/2020
05/26/2020

Vanessa); Modified text and event on 5/20/2020 (ztth). (Entered: 05/20/2020)
MINUTE ORDER: As discussed in today's telephonic hearing, the Court ORDERS that: 1) The Government shall provide another report containing the information outlined in the April 27, 2020, Minute Order by June 19, 2020; and 2) The parties shall appear for a further status hearing on June 25, 2020, at 11:00 a.m. So ORDERED by Judge James E. Boasberg on 5/20/2020. (lcjeb1) (Entered: 05/20/2020)
Minute Entry for proceedings held before Judge James E. Boasberg: Status Conference held on 5/20/2020. The Government shall provide another report containing the information outlined in the April 27, 2020, Minute Order by 6/19/2020. Status Conference set for 6/25/2020 at 11:00 AM (Telephonic) before Judge James E. Boasberg. (Court Reporter Nancy Meyers) (znbn) (Entered: 05/20/2020)
57 TRANSCRIPT OF PROCEEDINGS before Judge James E. Boasberg held on 05/20/2020; Page Numbers: 1-21. Date of Issuance:05/22/2020. Court Reporter/Transcriber Nancy J. Meyer, Telephone number (202) 354-3118, Tape Number: N/A. Transcripts may be ordered by submitting the Transcript Order Form For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court re porter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.
NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov.
Redaction Request due 6/16/2020. Redacted Transcript Deadline set for 6/26/2020. Release of Transcript Restriction set for 8/24/2020.(Meyer, Nancy) (Entered: 05/26/2020)
58 MOTION to Dismiss all counts in the complaint by WILLIAM P. BARR, CHAD WOLF (Attachments: # 1 Memorandum in Support Motion to Dismiss, # 2 Proposed Order)(Molina, Vanessa) (Entered: 05/26/2020)

05/26/2020
06/09/2020 06/09/2020 06/16/2020 06/16/2020 06/19/2020 06/24/2020
06/25/2020 06/25/2020 06/25/2020

59 Memorandum in opposition to re 4 MOTION for Temporary Restraining Order AND REQUEST FOR EMERGENCY HEARING MOTION for Hearing opposition to preliminary injunction filed by WILLIAM P. BARR, CHAD WOLF. (Attachments: # 1 Text of Proposed Order)(Molina, Vanessa) (Entered: 05/26/2020)
60 RESPONSE re 58 MOTION to Dismiss all counts in the complaint filed by ALL PETITIONERS. (Manning, Susan) (Entered: 06/09/2020)
61 REPLY re 59 Memorandum in Opposition, filed by ALL PETITIONERS. (Manning, Susan) (Entered: 06/09/2020)
62 SURREPLY re 61 Reply to Document filed by WILLIAM P. BARR, CHAD WOLF. (Molina, Vanessa); Modified event and text on 6/17/2020 (ztth). (Entered: 06/16/2020)
63 REPLY to opposition to motion re 58 MOTION to Dismiss all counts in the complaint filed by WILLIAM P. BARR, CHAD WOLF. (Molina, Vanessa) (Entered: 06/16/2020)
64 STATUS REPORT by WILLIAM P. BARR, CHAD WOLF re Order, (Attachments: # 1 Declaration Harper, # 2 Appendix ICE Juvenile Coordinator Report);(Molina, Vanessa); Modified event and text on 6/22/2020 (ztth). (Entered: 06/19/2020)
65 RESPONSE re 64 Notice (Other) filed by ALL PETITIONERS. (Attachments: # 1 Declaration of M.D.E., # 2 Declaration of D.P.R., # 3 Declaration of Fluharty, # 4 Declaration of S.R.F., # 5 Declaration of Meza, # 6 Declaration of Cambria)(Manning, Susan) (Entered: 06/24/2020)
66 SUPPLEMENTAL MEMORANDUM re 65 RESPONSE to 64 Notice (Other) - Supplemental filed by ALL PETITIONERS. (Attachments: # 1 Declaration D.J.B.)(Manning, Susan); Modified event and text on 6/25/2020 (ztth). (Entered: 06/25/2020)
Minute Entry for proceedings held before Judge James E. Boasberg: Status Conference held on 6/25/2020. Order forthcoming. (Court Reporter Lisa Griffith) (nbn) (Entered: 06/25/2020)
MINUTE ORDER: As discussed in today's telephonic hearing, the Court ORDERS that: 1) Respondents shall notify Petitioners and the Court within 48 hours of any positive tests of staff or detainees at any of the three FRCs; 2) Petitioners shall file today their motion for targeted discovery; 3) Respondents shall file their response by June 29, 2020, which shall indicate which discovery they accept, which they

06/25/2020 06/25/2020 06/25/2020 06/26/2020
06/28/2020 06/29/2020
06/29/2020
06/29/2020 06/29/2020 06/29/2020

oppose, and when such discovery can be produced; 4) If the parties cannot agree on such discovery, the Court will set an immediate hearing; and 5) Following any discovery ordered by the Court, Petitioners may file any motion for preliminary injunction. So ORDERED by Judge James E. Boasberg on 6/25/2020. (lcjeb1) (Entered: 06/25/2020)
Set/Reset Deadlines: Responses due by 6/29/2020. (znbn) (Entered: 06/25/2020)
67 NOTICE OF WITHDRAWAL OF APPEARANCE as to ALL PETITIONERS. Attorney Karon Nicole Fowler terminated. (Manning, Susan) (Entered: 06/25/2020)
68 WITHDRAWN PURSUANT TO NOTICE FILED ON 6/30/2020..... MOTION to Expedite Discovery by ALL PETITIONERS (Manning, Susan); Modified on 7/1/2020 (ztth). (Entered: 06/25/2020)
69 NOTICE of supplement to record by WILLIAM P. BARR, CHAD WOLF re Status Conference (Attachments: # 1 Exhibit Flores Independent Monitor Report, # 2 Declaration Harper, # 3 Exhibit HHS Fact Sheet)(Molina, Vanessa) (Entered: 06/26/2020)
70 NOTICE of positive case by WILLIAM P. BARR, CHAD WOLF re Order,, (Molina, Vanessa) (Entered: 06/28/2020)
MINUTE ORDER: The Court ORDERS that by July 1, 2020, the parties shall submit a joint status report discussing how Judge Gee's latest ruling ordering the release of minors in the FRCs affects this litigation. So ORDERED by Judge James E. Boasberg on 6/29/2020. (lcjeb1) (Entered: 06/29/2020)
71 MOTION to Dismiss petitioners who have been released from the FRCs by WILLIAM P. BARR, CHAD WOLF (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Molina, Vanessa) (Entered: 06/29/2020)
72 RESPONSE re 68 MOTION to Expedite Discovery filed by WILLIAM P. BARR, CHAD WOLF. (Molina, Vanessa) (Entered: 06/29/2020)
Set/Reset Deadlines: Joint Status Report due by 7/1/2020. (znbn) (Entered: 06/29/2020)
73 NOTICE of positive cases by WILLIAM P. BARR, CHAD WOLF re Order,, (Attachments: # 1 Declaration Harper)(Molina, Vanessa) (Entered: 06/29/2020)

06/30/2020 07/01/2020 07/01/2020 07/02/2020
07/02/2020 07/02/2020 07/02/2020
07/05/2020 07/07/2020
07/07/2020

74 NOTICE OF WITHDRAWAL OF MOTION by ALL PETITIONERS re 68 MOTION to Expedite Discovery (Manning, Susan) (Entered: 06/30/2020)
75 NOTICE of positive cases and updated census by WILLIAM P. BARR, CHAD WOLF (Attachments: # 1 Declaration Harper)(Molina, Vanessa) (Entered: 07/01/2020)
76 Joint STATUS REPORT by ALL PETITIONERS. (Manning, Susan) (Entered: 07/01/2020)
MINUTE ORDER: As discussed in today's telephonic hearing, the Court ORDERS that: 1) Petitioners shall file their PI Motion today; 2) Respondents shall file any opposition by July 9, 2020; 3) The parties shall appear for a telephonic hearing on July 7, 2020, at 3:00 p.m., at which Respondents shall update the Court on their decision regarding release of the parents; and 4) Respondents shall continue to provide notices to the Court within 48 hours of any positive test results for staff or detainees at the FRCs. So ORDERED by Judge James E. Boasberg on 7/2/2020. (lcjeb1) (Entered: 07/02/2020)
Minute Entry for proceedings held before Judge James E. Boasberg: Status Conference held on 7/2/2020. A further Status Conference is set for 7/7/2020 at 03:00 PM in Telephonic/VTC before Judge James E. Boasberg. (Court Reporter Lisa Griffith) (znbn) (Entered: 07/02/2020)
77 NOTICE of positive cases by WILLIAM P. BARR, CHAD WOLF re Order,, (Molina, Vanessa) (Entered: 07/02/2020)
78 MOTION for Preliminary Injunction by ALL PETITIONERS (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5, # 8 Exhibit 6, # 9 Exhibit 7, # 10 Exhibit 8, # 11 Exhibit 9, # 12 Exhibit 10)(Manning, Susan) (Entered: 07/02/2020)
79 NOTICE of positive cases by WILLIAM P. BARR, CHAD WOLF re Order,, (Molina, Vanessa) (Entered: 07/05/2020)
MINUTE ORDER: As discussed in today's telephonic hearing, the Court ORDERS that: 1) Petitioners shall file any PI reply by July 10, 2020; and 2) The parties shall appear for a hearing on July 13, 2020, at 2:00 p.m. So ORDERED by Judge James E. Boasberg on 7/7/2020. (lcjeb1) (Entered: 07/07/2020)
Minute Entry for proceedings held before Judge James E. Boasberg: Status Conference held on 7/7/2020. A further Status Conference is set

07/07/2020 07/09/2020 07/09/2020
07/10/2020 07/10/2020 07/10/2020 07/12/2020 07/13/2020 07/13/2020 07/13/2020

for 7/13/2020 at 02:00 PM in Telephonic/VTC before Judge James E. Boasberg. (Court Reporter Lisa Griffith) (znbn) (Entered: 07/07/2020)
80 NOTICE of positive cases by WILLIAM P. BARR, CHAD WOLF re Order,, (Molina, Vanessa) (Entered: 07/07/2020)
81 NOTICE of positive cases by WILLIAM P. BARR, CHAD WOLF re Order,, (Molina, Vanessa) (Entered: 07/09/2020)
82 Memorandum in opposition to re 78 MOTION for Preliminary Injunction filed by WILLIAM P. BARR, CHAD WOLF. (Attachments: # 1 Declaration George, # 2 Declaration Hunt, # 3 Declaration Hofbauer, # 4 Exhibit C.N. et al v. PAHHS, # 5 Exhibit Aslanturk (EDVA), # 6 Exhibit Peter O.C. (DNJ), # 7 Exhibit Murai (E.D. Mich.), # 8 Exhibit Umarbaev (M.D.Pa.), # 9 Exhibit Ramirez (D. NV))(Molina, Vanessa) (Entered: 07/09/2020)
83 ERRATA by WILLIAM P. BARR, CHAD WOLF re 82 Memorandum in Opposition, (Attachments: # 1 Exhibit Amended Respondents' Memorandum)(Molina, Vanessa); Modified text and event on 7/14/2020 (ztth). (Entered: 07/10/2020)
84 ENTERED IN ERROR.....Second MOTION for Joinder TO ADD PETITIONERS PURSUANT TO F.R.C.P. 20(a) and 21 by ALL PETITIONERS (Attachments: # 1 Certificate of Service)(Maldonado, Amy); Modified on 7/14/2020 (ztth). (Entered: 07/10/2020)
85 REPLY to opposition to motion re 78 MOTION for Preliminary Injunction filed by ALL PETITIONERS. (Attachments: # 1 Exhibit 11)(Manning, Susan) (Entered: 07/10/2020)
86 NOTICE of positive cases by WILLIAM P. BARR, CHAD WOLF re Order,, (Molina, Vanessa) (Entered: 07/12/2020)
87 NOTICE of Voluntary Dismissal by A.A.G., A.A.Q., A.G.M.-1, A.G.M.-2, A.G.M.-3, A.G.V., A.H.R., A.M.P., A.P.P., A.R., A.R.M., B.F.R., B.N.P., N.V., R.M., R.S.J., S.A., T.F., Z.F. (Attachments: # 1 Certificate of Service)(Maldonado, Amy) (Entered: 07/13/2020)
88 Second MOTION for Joinder TO ADD PETITIONERS PURSUANT TO F.R.C.P. 20(a) and 21 by ALL PETITIONERS (Attachments: # 1 Errata, # 2 Certificate of Service)(Maldonado, Amy) (Entered: 07/13/2020)
Minute Entry for proceedings held before Judge James E. Boasberg: Motion Hearing held on 7/13/2020 re 78 MOTION for Preliminary

07/13/2020 07/14/2020 07/15/2020 07/16/2020 07/17/2020 07/18/2020 07/20/2020 07/20/2020 07/22/2020
07/22/2020

Injunction filed by ALL PETITIONERS. Oral arguments heard. (Court Reporter Lisa Griffith) (znbn) (Entered: 07/13/2020)
89 RESPONSE re 71 MOTION to Dismiss petitioners who have been released from the FRCs filed by ALL PETITIONERS. (Manning, Susan) (Entered: 07/13/2020)
NOTICE OF CORRECTED DOCKET ENTRY: re 84 Second MOTION for Joinder TO ADD PETITIONERS PURSUANT TO F.R.C.P. 20(a) and 21 was entered in error and refiled as Document No. 88 . (ztth) (Entered: 07/14/2020)
90 NOTICE of positive cases by WILLIAM P. BARR, CHAD WOLF re Order,, (Molina, Vanessa) (Entered: 07/15/2020)
91 NOTICE of stipulation to extend compliance deadline in Flores v. Barr by WILLIAM P. BARR, CHAD WOLF (Attachments: # 1 Exhibit Stipulation)(Molina, Vanessa) (Entered: 07/16/2020)
92 NOTICE of order in Flores v. Barr by WILLIAM P. BARR, CHAD WOLF (Attachments: # 1 Exhibit Flores order extending the deadline to comply with paragraph 1)(Molina, Vanessa) (Entered: 07/17/2020)
93 NOTICE of positive cases by WILLIAM P. BARR, CHAD WOLF re Order,, (Molina, Vanessa) (Entered: 07/18/2020)
94 NOTICE of updated census by WILLIAM P. BARR, CHAD WOLF re Motion Hearing (Attachments: # 1 Declaration Harper)(Molina, Vanessa) (Entered: 07/20/2020)
95 NOTICE of positive cases by WILLIAM P. BARR, CHAD WOLF re Order,, (Molina, Vanessa) (Entered: 07/20/2020)
96 ORDER: The Court ORDERS that: 1) Respondents' 71 Motion to Dismiss Petitioners Who Have Been Released from the FRCs is DENIED AS MOOT; 2) Petitioners' 88 Motion to Add Petitioners is GRANTED; 3) Petitioners' 78 Motion for a Preliminary Injunction is DENIED; and 4) The Parties shall appear for a telephonic hearing on July 29, 2020, at 10:30 AM, to discuss next steps in the litigation. Signed by Judge James E. Boasberg on 07/22/2020. (lcjeb2) (Entered: 07/22/2020)
97 NOTICE of positive cases and supplemental information by WILLIAM P. BARR, CHAD WOLF re Order,, (Molina, Vanessa) (Entered: 07/22/2020)

07/22/2020

98 MEMORANDUM OPINION re 96 Order on Motion for Preliminary Injunction. Signed by Judge James E. Boasberg on 07/22/2020. (lcjeb2) (Entered: 07/22/2020)

07/22/2020

Set/Reset Hearings: Status Conference set for 7/29/2020 at 10:30 AM in Telephonic/VTC before Judge James E. Boasberg. (znbn) (Entered: 07/22/2020)

07/22/2020 07/24/2020

MINUTE ORDER: The Court ORDERS that Petitioners' 6 Motion for Notice is DENIED as moot. So ORDERED by Judge James E. Boasberg on 07/22/2020. (lcjeb2) (Entered: 07/22/2020)
99 ENTERED IN ERROR.....TRANSCRIPT OF PROCEEDINGS before Judge James E. Boasberg held on 6-25-2020; Page Numbers: 1-23. Date of Issuance:7-24-2020. Court Reporter/Transcriber Lisa W Griffith, Telephone number 2023543247, Transcripts may be ordered by submitting the Transcript Order Form For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.

NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov.

Redaction Request due 8/14/2020. Redacted Transcript Deadline set for 8/24/2020. Release of Transcript Restriction set for 10/22/2020.(Griffith, Lisa) Modified on 7/29/2020 (zjf). (Entered: 07/24/2020)

07/24/2020

100 TRANSCRIPT OF PROCEEDINGS before Judge James E. Boasberg held on 4-27-2020; Page Numbers: 1-28. Date of Issuance:7-24-2020. Court Reporter/Transcriber Lisa W Griffith, Telephone number 2023543247, Transcripts may be ordered by submitting the Transcript Order Form For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above . After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.

NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov.

Redaction Request due 8/14/2020. Redacted Transcript Deadline set for 8/24/2020. Release of Transcript Restriction set for 10/22/2020.(Griffith, Lisa) (Entered: 07/24/2020)

07/24/2020

101 TRANSCRIPT OF PROCEEDINGS before Judge James E. Boasberg held on 7-13-2020; Page Numbers: 1-30. Date of Issuance:7-24-2020. Court Reporter/Transcriber Lisa W Griffith, Telephone number 2023543247, Transcripts may be ordered by submitting the Transcript Order Form For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above . After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.

NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov.

Redaction Request due 8/14/2020. Redacted Transcript Deadline set for 8/24/2020. Release of Transcript Restriction set for 10/22/2020.(Griffith, Lisa) (Entered: 07/24/2020)

07/24/2020

102 TRANSCRIPT OF PROCEEDINGS before Judge James E. Boasberg held on 7-2-2020; Page Numbers: 1-15. Date of Issuance:7-24-2020. Court Reporter/Transcriber Lisa W Griffith, Telephone number 2023543247, Transcripts may be ordered by submitting the Transcript Order Form For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.

NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov.

Redaction Request due 8/14/2020. Redacted Transcript Deadline set for 8/24/2020. Release of Transcript Restriction set for 10/22/2020.(Griffith, Lisa) (Entered: 07/24/2020)

07/24/2020

103 ENTERED IN ERROR.....TRANSCRIPT OF PROCEEDINGS before Judge James E. Boasberg held on 7-2-2020; Page Numbers: 1-8. Date of Issuance:7-24-2020. Court Reporter/Transcriber Lisa W Griffith, Telephone number 2023543247, Transcripts may be ordered by submitting the Transcript Order Form For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.

NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov.

Redaction Request due 8/14/2020. Redacted Transcript Deadline set for 8/24/2020. Release of Transcript Restriction set for 10/22/2020.(Griffith, Lisa) Modified on 8/4/2020 (zjf). (Entered: 07/24/2020)

07/24/2020 104 NOTICE of positive cases by WILLIAM P. BARR, CHAD WOLF re Order,, (Molina, Vanessa) (Entered: 07/24/2020)

07/27/2020

MINUTE ORDER: Pursuant to a request from counsel, the Court ORDERS that the telephonic hearing set for July 29, 2020, at 10:30 a.m. is VACATED and RESET for July 29, 2020, at 11:30 a.m. So ORDERED by Judge James E. Boasberg on 7/27/2020. (lcjeb1) (Entered: 07/27/2020)

07/27/2020

Set/Reset Hearings: Status Conference set for 7/29/2020 at 11:30 AM in Telephonic/VTC before Judge James E. Boasberg. (znbn) (Entered: 07/27/2020)

07/27/2020 105 NOTICE of positive cases and update by WILLIAM P. BARR, CHAD WOLF re Order,, (Molina, Vanessa) (Entered: 07/27/2020)

07/27/2020

106 NOTICE of ICE juvenile coordinator report filed in Flores v. Barr by WILLIAM P. BARR, CHAD WOLF (Attachments: # 1 Exhibit Juvenile Coordinator Report)(Molina, Vanessa) (Entered: 07/27/2020)

07/29/2020

107 NOTICE of updated pandemic response requirements by WILLIAM P. BARR, CHAD WOLF (Attachments: # 1 Exhibit Pandemic Response Requirements)(Molina, Vanessa) (Entered: 07/29/2020)

07/29/2020 108 NOTICE of positive cases by WILLIAM P. BARR, CHAD WOLF re Order,, (Molina, Vanessa) (Entered: 07/29/2020)

07/29/2020

Minute Entry for proceedings held before Judge James E. Boasberg: Status Conference held on 7/29/2020. (Court Reporter Lisa Griffith) (znbn) (Entered: 08/17/2020)

07/30/2020

109 TRANSCRIPT OF PROCEEDINGS before Judge James E. Boasberg held on 7-7-2020; Page Numbers: 1-8. Date of Issuance:7-30-2020. Court Reporter/Transcriber Lisa W Griffith, Telephone number 202354-3247, Transcripts may be ordered by submitting the Transcript Order Form For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above . After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.

NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov.

Redaction Request due 8/20/2020. Redacted Transcript Deadline set for 8/30/2020. Release of Transcript Restriction set for 10/28/2020.(Griffith, Lisa) (Entered: 07/30/2020)
08/03/2020 110 NOTICE of positive cases by WILLIAM P. BARR, CHAD F. WOLF re Order,, (Molina, Vanessa) (Entered: 08/03/2020)

08/04/2020

NOTICE OF CORRECTED DOCKET ENTRY: Document No. re 103 Transcript, was entered in error and refiled by Court Reporter. (See DE# 109 to view document)(zjf) (Entered: 08/04/2020)

08/04/2020 111 NOTICE of positive cases by WILLIAM P. BARR, CHAD F. WOLF re Order,, (Molina, Vanessa) (Entered: 08/04/2020)

08/06/2020

MINUTE ORDER: As discussed at the hearing on July 29, the Court ORDERS that the parties shall appear for a further telephonic status hearing on August 19, 2020, at 11:00 a.m. So ORDERED by Judge James E. Boasberg on 8/6/2020. (lcjeb1) (Entered: 08/06/2020)

08/06/2020

Set/Reset Hearings: Status Conference set for 8/19/2020 at 11:00 AM in Telephonic/VTC before Judge James E. Boasberg. (znbn) (Entered: 08/06/2020)

08/06/2020 112 NOTICE of positive cases by WILLIAM P. BARR, CHAD F. WOLF re Order,, (Molina, Vanessa) (Entered: 08/06/2020)

08/07/2020

113 Third MOTION for Joinder and Notice of Dismissal by ALL PETITIONERS (Attachments: # 1 Text of Proposed Order)(Manning, Susan) (Entered: 08/07/2020)

08/07/2020

114 SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by ALL PETITIONERS (This document is SEALED and only available to authorized persons.) (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Text of Proposed Order)(Manning, Susan) (Entered: 08/07/2020)

08/10/2020

MINUTE ORDER: The Court GRANTS Petitioners' 114 Motion for Leave to File Document Under Seal. So ORDERED by Judge James E. Boasberg on 8/10/2020. (lcjeb1) (Entered: 08/10/2020)

08/10/2020

116 SEALED DOCUMENT (Exhibit A) filed by ALL PETITIONERS. (This document is SEALED and only available to authorized persons.) (Attachments: # 1 Exhibit B, # 2 Exhibit C) (ztth) (Entered: 08/11/2020)

08/13/2020 117 NOTICE of positive cases by WILLIAM P. BARR, CHAD F. WOLF re Order,, (Molina, Vanessa) (Entered: 08/13/2020)

08/14/2020 118 NOTICE of positive cases by WILLIAM P. BARR, CHAD F. WOLF re Order,, (Molina, Vanessa) (Entered: 08/14/2020)

08/17/2020 119 NOTICE of positive case by WILLIAM P. BARR, CHAD F. WOLF re Order,, (Molina, Vanessa) (Entered: 08/17/2020)

08/19/2020

Minute Entry for proceedings held before Judge James E. Boasberg: Status Conference held on 8/19/2020. A further Status Conference is set for 8/26/2020 at 02:00 PM in Telephonic/VTC before Judge James E. Boasberg. (Court Reporter Lisa Griffith) (znbn) (Entered: 08/19/2020)

08/19/2020 120 NOTICE of positive cases by WILLIAM P. BARR, CHAD F. WOLF re Order,, (Molina, Vanessa) (Entered: 08/19/2020)

08/20/2020

121 TRANSCRIPT OF PROCEEDINGS before Judge James E. Boasberg held on 7-29-2020; Page Numbers: 1-23. Date of Issuance:8-20-2020. Court Reporter/Transcriber Lisa W Griffith, Telephone number 202354-3247, Transcripts may be ordered by submitting the Transcript Order Form For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced abo ve. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.

NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov.

Redaction Request due 9/10/2020. Redacted Transcript Deadline set for 9/20/2020. Release of Transcript Restriction set for 11/18/2020.(Griffith, Lisa) (Entered: 08/20/2020)

08/20/2020

122 TRANSCRIPT OF PROCEEDINGS before Judge James E. Boasberg held on 8-19-2020; Page Numbers: 1-9. Date of Issuance:8-20-2020. Court Reporter/Transcriber Lisa W Griffith, Telephone number 202354-3247, Transcripts may be ordered by submitting the Transcript Order Form For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced abov e. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.

NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER

without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov.

Redaction Request due 9/10/2020. Redacted Transcript Deadline set for 9/20/2020. Release of Transcript Restriction set for 11/18/2020.(Griffith, Lisa) (Entered: 08/20/2020)

08/21/2020 123 NOTICE of positive cases by WILLIAM P. BARR, CHAD F. WOLF re Order,, (Molina, Vanessa) (Entered: 08/21/2020)

08/21/2020

124 Memorandum in opposition to re 113 Third MOTION for Joinder and Notice of Dismissal filed by WILLIAM P. BARR, CHAD F. WOLF. (Attachments: # 1 Declaration Harper)(Molina, Vanessa) Modified docket event/text on 8/31/2020 (eg). (Entered: 08/21/2020)

08/25/2020

MINUTE ORDER: Pursuant to a request from counsel, the Court ORDERS that the Status Conference set for August 26, 2020, at 2:00 p.m. is VACATED and RESET for August 26, 2020, at 10:00 a.m., by telephone. So ORDERED by Judge James E. Boasberg on 8/25/2020. (lcjeb1) (Entered: 08/25/2020)

08/26/2020 125 NOTICE of positive cases by WILLIAM P. BARR, CHAD F. WOLF re Order,, (Molina, Vanessa) (Entered: 08/26/2020)

08/26/2020

Minute Entry for proceedings held before Judge James E. Boasberg: Status Conference held on 8/26/2020. A further Status Conference is set for 9/9/2020 at 11:00 AM in Telephonic/VTC before Judge James E. Boasberg. (Court Reporter Lisa Griffith) (znbn) (Entered: 08/26/2020)

08/27/2020 126 NOTICE of positive cases by WILLIAM P. BARR, CHAD F. WOLF re Order,, (Molina, Vanessa) (Entered: 08/27/2020)

08/28/2020

127 REPLY to opposition to motion re 113 Third MOTION for Joinder and Notice of Dismissal filed by ALL PETITIONERS. (Manning, Susan) Modified docket event/text on 8/31/2020 (eg). (Entered: 08/28/2020)

08/31/2020 128 NOTICE of positive cases by WILLIAM P. BARR, CHAD F. WOLF re Order,, (Molina, Vanessa) (Entered: 08/31/2020)

09/02/2020

129 NOTICE of Appearance by Jordan Kelsey Hummel on behalf of All Defendants (Hummel, Jordan) (Main Document 129 replaced on 9/4/2020) (ztd). (Entered: 09/02/2020)

09/02/2020 130 NOTICE positive cases by CHAD F. WOLF (Hummel, Jordan) (Entered: 09/02/2020)

09/03/2020 131 NOTICE Positive Case by CHAD F. WOLF (Hummel, Jordan) (Entered: 09/03/2020)

09/08/2020 132 NOTICE of Positive Case by CHAD F. WOLF (Hummel, Jordan) (Entered: 09/08/2020)

09/09/2020

Minute Entry for proceedings held before Judge James E. Boasberg: Status Conference held on 9/9/2020. Order forthcoming. (Court Reporter Lisa Griffith) (nbn) (Entered: 09/09/2020)

09/09/2020

MINUTE ORDER: As discussed in today's telephonic hearing, the Court ORDERS that: 1) Plaintiffs' new PI Motion shall be filed by September 25, 2020; and 2) Defendants' Notices of Positive Cases may henceforth be filed weekly on Fridays. So ORDERED by Judge James E. Boasberg on 9/9/2020. (lcjeb1) (Entered: 09/09/2020)

09/09/2020

Set/Reset Deadlines: Motions due by 9/25/2020. (znbn) (Entered: 09/11/2020)

09/14/2020

MINUTE ORDER: In Petitioners' 127 Reply, they seek to narrow their 113 Motion for Joinder to three families, see Reply at 7, but there is a discrepancy regarding the Family Numbers. Specifically, Petitioners note that the list on pp. 7-8 details those families that have been released, but Family No. 103 is both listed there and noted as a family to be joined. The Court, accordingly, ORDERS that by September 16, 2020, Petitioners shall file a Notice correcting this discrepancy. So ORDERED by Judge James E. Boasberg on 9/14/2020. (lcjeb1) (Entered: 09/14/2020)

09/14/2020

Set/Reset Deadlines: Notice due by 9/16/2020. (znbn) (Entered: 09/14/2020)

09/15/2020

133 RESPONSE TO ORDER OF THE COURT re Order,, (Sep. 14, 2020) filed by ALL PETITIONERS. (Manning, Susan) (Entered: 09/15/2020)

09/16/2020

MINUTE ORDER: As clarified by Petitioners' 133 Response, the Court ORDERS that their 113 Motion to Add Petitioners, which is now limited to three families, is GRANTED. So ORDERED by Judge James E. Boasberg on 9/16/2020. (lcjeb1) Modified to add "minute order" on 9/16/2020 (znbn). (Entered: 09/16/2020)

09/16/2020

MINUTE ORDER: The Court ORDERS that by September 23, 2020, the parties shall submit a Joint Status Report regarding Respondents' 58 Motion to Dismiss. As the Court's Memorandum Opinion on Petitioners' PI Motion covered some of the issues in Respondents' Motion, Respondents may wish to renew the Motion

while taking that Opinion into account; they may wish to withdraw the Motion entirely; or they may wish to proceed on the Motion as filed. Petitioners may also offer their position in the JSR. So ORDERED by Judge James E. Boasberg on 9/16/2020. (lcjeb1) (Entered: 09/16/2020)

09/16/2020

Set/Reset Deadlines: Joint Status Report due by 9/23/2020. (znbn) (Entered: 09/16/2020)

09/18/2020 134 NOTICE of new cases by CHAD F. WOLF (Hummel, Jordan) (Entered: 09/18/2020)

09/22/2020

135 Unopposed MOTION to Vacate Order, Set/Reset Deadlines by ALL PETITIONERS (Attachments: # 1 Text of Proposed Order)(Manning, Susan) (Entered: 09/22/2020)

09/22/2020

MINUTE ORDER GRANTING Consent 135 Motion to Vacate. The Court ORDERS that the September 25, 2020, deadline for Petitioners' new Preliminary Injunction Motion is VACATED. So ORDERED by Judge James E. Boasberg on 9/22/2020. (lcjeb1) (Entered: 09/22/2020)

09/23/2020

136 JOINT STATUS REPORT by WILLIAM P. BARR, CHAD F. WOLF re Order,, (Molina, Vanessa) Modified event title on 9/28/2020 (znmw). (Entered: 09/23/2020)

09/24/2020

137 NOTICE of updated census and update in Flores v. Barr by WILLIAM P. BARR, CHAD F. WOLF (Attachments: # 1 Exhibit Declaration of MB Harper, # 2 Exhibit Flores Sep 4 2020 Order, # 3 Exhibit Flores Sep 21 2020 Order)(Molina, Vanessa) (Entered: 09/24/2020)

09/25/2020 138 NOTICE of positive case by CHAD F. WOLF (Hummel, Jordan) (Entered: 09/25/2020)

10/02/2020 139 NOTICE of positive cases by CHAD F. WOLF (Hummel, Jordan) (Entered: 10/02/2020)

10/06/2020

140 TRANSCRIPT OF PROCEEDINGS before Judge James E. Boasberg held on 8-26-2020; Page Numbers: 1-17. Date of Issuance:10-6-2020. Court Reporter/Transcriber Lisa Griffith, Telephone number (202) 3543247, Transcripts may be ordered by submitting the Transcript Order Form. For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact

personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 10/27/2020. Redacted Transcript Deadline set for 11/6/2020. Release of Transcript Restriction set for 1/4/2021.(Griffith, Lisa) (Entered: 10/06/2020)

10/06/2020

141 TRANSCRIPT OF PROCEEDINGS before Judge James E. Boasberg held on 9-9-2020; Page Numbers: 1-17. Date of Issuance:10-6-2020. Court Reporter/Transcriber Lisa Griffith, Telephone number 202-3543247, Tape Number: lisann18@yahoo.com. Transcripts may be ordered by submitting the Transcript Order Form For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased fro m the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.

NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov.

Redaction Request due 10/27/2020. Redacted Transcript Deadline set for 11/6/2020. Release of Transcript Restriction set for 1/4/2021.(Griffith, Lisa) (Entered: 10/06/2020)
10/09/2020 142 NOTICE of positive cases by CHAD F. WOLF (Hummel, Jordan) (Entered: 10/09/2020)

10/16/2020 143 NOTICE of positive cases by CHAD F. WOLF (Hummel, Jordan) (Entered: 10/16/2020)

10/23/2020 144 NOTICE of positive cases by CHAD F. WOLF (Hummel, Jordan) (Entered: 10/23/2020)

10/30/2020 145 NOTICE of positive cases by CHAD F. WOLF (Hummel, Jordan) (Entered: 10/30/2020)

11/02/2020

146 NOTICE of updated PRR and census by WILLIAM P. BARR, CHAD F. WOLF (Attachments: # 1 Exhibit Updated PRR)(Molina, Vanessa) (Entered: 11/02/2020)

11/06/2020 147 NOTICE of positive cases by CHAD F. WOLF (Hummel, Jordan) (Entered: 11/06/2020)

11/13/2020 148 NOTICE of positive cases by CHAD F. WOLF (Hummel, Jordan) (Entered: 11/13/2020)

11/20/2020 149 NOTICE of positive cases by CHAD F. WOLF (Hummel, Jordan) (Entered: 11/20/2020)

11/27/2020 150 NOTICE of positive cases by CHAD F. WOLF (Hummel, Jordan) (Entered: 11/27/2020)

12/04/2020 151 NOTICE of positive cases by CHAD F. WOLF (Hummel, Jordan) (Entered: 12/04/2020)

12/10/2020

152 ORDER: The Court ORDERS that: 1) Respondents' 58 Motion to Dismiss is GRANTED IN PART and DENIED IN PART; 2) Counts II, IV, and V are DISMISSED WITHOUT PREJUDICE; and 3) Respondents shall respond to the Petition by December 28, 2020. Signed by Judge James E. Boasberg on 12/10/2020. (lcjeb3) (Entered: 12/10/2020)

12/10/2020

153 MEMORANDUM OPINION re 152 Order on Motion to Dismiss. Signed by Judge James E. Boasberg on 12/10/2020. (lcjeb3) (Entered: 12/10/2020)

12/10/2020

Set/Reset Deadlines: Responses due by 12/28/2020. (znbn) (Entered: 12/11/2020)

12/11/2020 154 NOTICE of positive cases by CHAD F. WOLF (Hummel, Jordan) (Entered: 12/11/2020)

12/15/2020 155 Consent MOTION for Extension of Time to File Answer by CHAD F. WOLF (Hummel, Jordan) (Entered: 12/15/2020)

12/16/2020

MINUTE ORDER GRANTING Consent 155 Motion for Extension of Time. The Court ORDERS that Respondents shall file their Answer by January 7, 2021. So ORDERED by Judge James E. Boasberg on 12/16/2020. (lcjeb1) (Entered: 12/16/2020)

12/16/2020

Set/Reset Deadlines: Answer due by 1/7/2021. (nbn) (Entered: 12/16/2020)

12/18/2020 156 NOTICE of positive cases by CHAD F. WOLF (Hummel, Jordan) (Entered: 12/18/2020)

12/23/2020 157 NOTICE of positive cases by CHAD F. WOLF (Hummel, Jordan) (Entered: 12/23/2020)

12/31/2020 158 NOTICE of positive cases by CHAD F. WOLF (Hummel, Jordan) (Entered: 12/31/2020)

01/05/2021

159 NOTICE of Voluntary Dismissal by A.M.P., A.P.P., C.C.G., C.P.P., E.A.N., E.C.G., J.C., J.F.P., J.H.R., J.M.R., J.S.P., K.N.E., M.A.S., M.J.P., M.R.A., O.T.G., R.P.F., S.J.A., T.T.G., W.A.A., Y.C. (Manning, Susan) (Entered: 01/05/2021)

01/07/2021 160 ANSWER to Complaint by WILLIAM P. BARR, CHAD F. WOLF.(Molina, Vanessa) (Entered: 01/07/2021)

01/08/2021

MINUTE ORDER: Given the filing of Defendants' Answer, the Court ORDERS that the parties shall submit a joint status report regarding proposed next steps in the litigation by January 19, 2021, and they shall appear for a telephonic status hearing on January 25, 2021, at 10:00 a.m. So ORDERED by Judge James E. Boasberg on 1/8/2021. (lcjeb1) (Entered: 01/08/2021)

01/08/2021

Set/Reset Hearings: Status Conference set for 1/25/2021 at 10:00 AM in Telephonic/VTC before Judge James E. Boasberg. (nbn) (Entered: 01/08/2021)

01/08/2021 161 NOTICE of positive cases by CHAD F. WOLF (Hummel, Jordan) (Entered: 01/08/2021)

01/15/2021 162 NOTICE of positive cases by CHAD F. WOLF (Hummel, Jordan) (Entered: 01/15/2021)

01/15/2021 163 NOTICE of update to census at FRCs by CHAD F. WOLF (Attachments: # 1 Declaration)(Hummel, Jordan) (Entered: 01/15/2021)

01/19/2021

164 NOTICE of filing of ICE Juvenile Coordinator Report in Flores v. Barr by WILLIAM P. BARR, CHAD F. WOLF (Attachments: # 1 Exhibit ICE Juvenile Coordinator Report for Flores v. Barr)(Molina, Vanessa) (Entered: 01/19/2021)

01/19/2021 165 STIPULATION of Dismissal as to certain petitioners by WILLIAM P. BARR, CHAD F. WOLF. (Molina, Vanessa) (Entered: 01/19/2021)

01/19/2021

166 Joint STATUS REPORT regarding the next steps of the litigation by WILLIAM P. BARR, CHAD F. WOLF. (Molina, Vanessa) (Entered: 01/19/2021)

01/22/2021

167 NOTICE regarding Karnes FRC and Suggestion of Mootness by WILLIAM P. BARR, CHAD F. WOLF (Molina, Vanessa) (Entered: 01/22/2021)

01/22/2021 168 NOTICE of positive cases by CHAD F. WOLF (Hummel, Jordan) (Entered: 01/22/2021)

01/24/2021 169 MOTION for Joinder by ALL PETITIONERS. (Manning, Susan) (Entered: 01/24/2021)

01/25/2021

MINUTE ORDER: As discussed at today's status hearing, the Court ORDERS that: 1) An Initial Scheduling Conference is set for February 16, 2021, at 11:00 a.m.; and 2) The parties shall meet, confer, and submit a joint report pursuant to FRCP 26(f) and Local Rule 16.3 by February 8, 2021. So ORDERED by Judge James E. Boasberg on 1/25/2021. (lcjeb1) (Entered: 01/25/2021)

01/25/2021

Minute Entry for proceedings held before Judge James E. Boasberg: Status Conference held on 1/25/2021. Rule 16.3 due by 2/8/2021. Status Conference set for 2/16/2021 at 11:00 AM in Telephonic/VTC before Judge James E. Boasberg. (Court Reporter Lisa Griffith) (nbn) (Entered: 01/25/2021)

01/25/2021

170 SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by ALL PETITIONERS (This document is SEALED and only available to authorized persons.) (Attachments: # 1 Exhibit A Unredacted List of Joinder Petitioners, # 2 Text of Proposed Order, # 3 Certificate of Service)(Maldonado, Amy) (Entered: 01/25/2021)

01/25/2021

172 SEALED DOCUMENT filed by ALL PETITIONERS re 169 MOTION for Joinder filed by ALL PETITIONERS. (This document is SEALED and only available to authorized persons.) (ztth) (Entered: 01/28/2021)

01/27/2021

171 NOTICE OF WITHDRAWAL OF APPEARANCE as to A.A.G., A.A.Q., A.C.O., A.G.M.-1, A.G.M.-2, A.G.M.-3, A.G.V., A.H.R., A.M.G., A.M.P., A.P.P., A.R., A.R.M., ALL PETITIONERS, B.F.R., B.N.P., C.C.G., C.G.M., C.L., C.P.P., D.F.R., E.A.N., E.C.G., G.A.Q., G.M.A., G.R.D., I.M.A., I.P.P., I.R.N., J.A., J.C., J.F.P., J.H.R., J.M.R., J.S.O., J.S.P., K.N.E., K.P.P., L.C.R., L.M.V., M.A.H., M.A.M., M.A.S., M.C.M., M.E.C., M.J.P., M.P.P., M.R.A., M.R.C., M.R.N., N.M.L., N.N.A., N.R.N., N.V., O.T.G., R.M., R.P.F., R.S.J., S.A., S.A.M., S.J.A., S.M.C., T.F., T.T.G., V.P., W.A.A., Y.C., Z.F.. Attorney Gregory P. Copeland terminated. (Copeland, Gregory) (Entered: 01/27/2021)

01/29/2021 173 NOTICE of positive cases by CHAD F. WOLF (Hummel, Jordan) (Entered: 01/29/2021)

02/04/2021

174 Joint MOTION for Extension of Time to File Response/Reply re Notice to Court (ECF 164) and Motion to Add Petitioners (ECF 167) by ALL PETITIONERS. (Manning, Susan) (Entered: 02/04/2021)

02/05/2021

MINUTE ORDER GRANTING Joint 174 Motion for Extension of Time. The Court ORDERS that: 1) By February 12, 2021, Petitioners shall file their opposition to Respondents' Notice, and Respondents shall file their opposition to Petitioners' Motion; and 2) By February 19, 2021, Petitioners shall file their reply in support of their Motion, and Respondents shall file their reply in support of their Notice. So ORDERED by Judge James E. Boasberg on 2/5/2021. (lcjeb1) (Entered: 02/05/2021)

02/05/2021

Set/Reset Deadlines: Reply due by 2/12/2021. Reply due by 2/19/2021. (nbn) (Entered: 02/05/2021)

02/05/2021 175 NOTICE of positive cases by CHAD F. WOLF (Hummel, Jordan) (Entered: 02/05/2021)

02/09/2021 176 MEET AND CONFER STATEMENT. (Manning, Susan) (Entered: 02/09/2021)

02/12/2021 177 STIPULATION of Dismissal as to Certain Petitioners by N.M.L.. (Manning, Susan) (Entered: 02/12/2021)

02/12/2021

178 Memorandum in opposition to re 169 MOTION for Joinder filed by CHAD F. WOLF. (Attachments: # 1 Exhibit Declaration of Dawnisha Helland, # 2 Exhibit Email from Petitioners counsel Michael T. Sikora on August 12, 2020)(Hummel, Jordan) (Entered: 02/12/2021)

02/12/2021 179 NOTICE of positive cases by CHAD F. WOLF (Hummel, Jordan) (Entered: 02/12/2021)

02/12/2021

180 REPLY re 167 Notice (Other) regarding Karnes FRC and Suggestion of Mootness filed by ALL PETITIONERS. (Manning, Susan) (Entered: 02/12/2021)

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 Case 1:20-cv-00786-JEB Document 24-2 Filed 03/30/20 Page 2 of 37

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

O.M.G. et al.,

Petitioners,

v.

CHAD WOLF, in his official capacity as the acting Secretary of the U.S. Department of Homeland Security, et al.,
Respondents.

NO. 1:20-cv-00786 J.E.B.

BRIEF OF AMICI CURIAE PUBLIC HEALTH EXPERTS1 AND AMERICAN ACADEMY OF PEDIATRICS IN SUPPORT OF PETITIONERS MOTION FOR A TEMPORARY RESTRAINING ORDER

/s/ Nicholas Renzler Nicholas Renzler #983359
Counsel of Record Christopher Hart #486577 FOLEY HOAG LLP 1717 K Street NW Washington, DC 20006 Phone: (202) 223-1000 nrenzler@foleyhoag.com chart@foleyhoag.com
On The Brief Anthony Mirenda Andrew London Stephen Stich FOLEY HOAG LLP 155 Seaport Boulevard Boston, MA 02210 Phone: (617) 832-1000 amirenda@foleyhoag.com alondon@foleyhoag.com sstich@foleyhoag.com

/s/ Ian Matthew Kysel Ian Ma he K el*
ASYLUM & CONVENTION AGAINST TORTURE APPELLATE CLINIC Be h L on* FARMWORKER LEGAL ASSISTANCE CLINIC Chan al Thoma * CORNELL LAW SCHOOL Myron Taylor Hall Ithaca, NY 14853 Phone: (607) 255-4196 imk48@cornell.edu mbl235@cornell.edu ct343@cornell.edu *Affiliation provided for identification purposes Motion to appear in this matter pro hac vice forthcoming

/s/ Gerald Torres Gerald Torres* #965590 YALE SCHOOL OF FORESTRY & ENVIRONMENTAL STUDIES 195 Prospect Street New Haven, CT 06511 Phone: (203) 432-5100 gerald.torres@yale.edu *Affiliation provided for identification purposes

1 A complete list of the individual public health experts can be found at Appendix A.

Case 1:20-cv-00786-JEB Document 24-2 Filed 03/30/20 Page 3 of 37
TABLE OF CONTENTS
TABLE OF AUTHORITIES ......................................................................................................... iii INTERESTS OF AMICI CURIAE................................................................................................. 1 INTRODUCTION .......................................................................................................................... 2 ARGUMENT .................................................................................................................................. 2
I. A DANGEROUS OUTBREAK OF THE HIGHLY CONTAGIOUS COVID-19 DISEASE INJURING PETITIONERS AND FRC STAFF IS INEVITABLE UNLESS PETITIONERS ARE IMMEDIATELY RELEASED FROM DETENTION. ..........................................................................................................2 A. COVID-19 is a Dangerous, Highly Contagious Disease, and Individual and Community Public Health Practices are Critical to Preventing its Transmission. ........................................................................2 B. ICE is not Adequately Following Practices to Mitigate the COVID-19 Pandemic in FRCs........................................................................................8 C. The Three FRCs at Issue Inherently Cannot Follow Mitigation Practices. ....................................................................................................10
II. DETAINED CHILDREN PRESENT UNIQUE RISKS THAT ONLY IMMEDIATE RELEASE CAN MITIGATE ........................................................13 A. Children are Uniquely Vulnerable to Acute Illness from COVID-19. ......13 B. The Presence of Children in the Dense Environment of a Detention Center Presents Serious Public Health Risks.............................................17
III. PETITIONERS REMEDY OF RELEASE IS SUBSTANTIALLY BETTER FOR PUBLIC HEALTH THAN THE STATUS QUO. ........................................18 A. Petitioners will be Significantly Less Likely to Become Sick if Released. ....................................................................................................21 B. Any Detention Population Remaining During the Release Process will be at Lower Risk as the Detention Population is Reduced. .......................21 C. Immediately De-densifying the FRC Population and Releasing Immigrant Families is Better for Facility Staff and the General Public. ...22 D. Petitioners will be Better Equipped for Social Distancing with Sponsors. ....................................................................................................24
CONCLUSION............................................................................................................................. 25
ii

Case 1:20-cv-00786-JEB Document 24-2 Filed 03/30/20 Page 4 of 37

TABLE OF AUTHORITIES

Court Filings

Amicus Letter Brief from Public Health Experts dated March 24, 2020 in Committee for Public Counsel Services et al. v. Chief Justice of the Trial Court, Massachusetts Supreme Judicial Court No. SJ-2020-0115..........................................................................................................................19

Declaration of Carlos Franco-Paredes, Fraihat et al. v. U.S. Immigration and Customs Enforcement, 5:19-cv-01546-JGB-SHK, Dkt 812-12 ..................................................................19

Declaration of Marc Stern, Ortuño et al. v. Jennings et al., 3:20-cv-02064, Dkt 4-20

.....19

Declaration of Nancy Yvonne Wang, Lucas R. v. Azar, 2:18-cv-05741-DMG-PLA, Dkt 227-

7

.....19

Declaration of Jonathan Louis Golob, Ortuño et al. v. Jennings et al., 20-cv-02064, Dkt 4-19...19

Declaration of Robert B. Greifinger, Ortuño et al. v. Jennings et al., 3:20-cv-02064, Dkt. 4-

22

........19

Additional Authorities
Adela S liman, And Ecka d and Gabe Jo elo , Co ona i om i one elea e a o nd he o ld, NBC News (Mar. 26, 2020), available at https://www.nbcnews.com/news/world/coronavirus-prompts-prisoner-releases-around-worldn1169426........................................................................................................................................20
Ame ican Academ of Pedia ic , Te imon on A e ing Ade ac of DHS Effo o Prevent Child Deaths in Custody to the U.S. House of Representatives Committee on Homeland Sec i , S bcommi ee on Bo de Sec i , Facili a ion, and O e a ion (Jan. 14, 2020), available at https://downloads.aap.org/DOFA/Jan%202020%20Hearing%20Statement%20for%20the%20Re cord%20-%20AAP.pdf..................................................................................................................14
Ami Ve a, A o de e mine 7-year-old Guatemalan girl died from sepsis while in U.S. C od , CNN (Mar. 30, 2019), available at https://www.cnn.com/2019/03/29/us/guatemalajakelin-caal-maquin-autopsy/index.html.......................................................................................14
And ea T. C , and S e en L. Zeichne , COVID-19 in Children: Initial Characterization of the Pedia ic Di ea e, Pediatrics (pre-publication release Mar. 16, 2020), available at https://pediatrics.aappublications.org/content/pediatrics/early/2020/03/16/peds.20200834.full.pdf?rss=1........................................................................................................................15
iii

Case 1:20-cv-00786-JEB Document 24-2 Filed 03/30/20 Page 5 of 37

And e Denne , Ne co ona i ca e in NYC jail o acing e of he ci , New York Post (Mar. 25, 2020), available at https://nypost.com/2020/03/25/new-coronavirus-cases-in-nycjails-outpacing-rest-of-the-city/.....................................................................................................11

A ocia ed P e , Co ona i : 38 e o i i e in Ne Yo k Ci jail , incl ding Rike I land, The Guardian (Mar. 22, 2020), available at https://www.theguardian.com/usnews/2020/mar/22/coronavirus-outbreak-new-york-city-jails-rikers-island.................................11

B. Bean et al., S i al of infl en a i e on en i onmen al face , 146 Journal of Infectious Diseases 47, Abstract (1982), available at https://www.ncbi.nlm.nih.gov/pubmed/6282993............................................................................5

Blai Lede , S . Lo i ci olice affic di i ion nde a an ine, af e office e o itive for COVID-19 i , Fox 2 Now (Mar. 28, 2020), available at https://fox2now.com/news/st-louiscity-police-traffic-division-under-quarantine-after-officer-test-positive-for-covid-19-virus/.......23

Brystana G. Kaufman et al., The Ri ing Ra e of R al Ho i al Clo e , 32 Journal of Rural Health 35 (2016), available at https://onlinelibrary.wiley.com/doi/abs/10.1111/jrh.12128.........23

Cai lin Dicke on, The e I a S ench : Soiled Clo he and No Ba h fo Mig an Child en a a Te a Cen e , N.Y. Times (June 21, 2019), available at https://www.nytimes.com/2019/06/21/us/migrant-children-border-soap.html.............................10

Ca ol n Y. John on and Ben G a ino, Blood f om eo le ho eco e f om co ona i co ld o ide a ea men , Washington Post (Mar. 27, 2020), available at
https://www.washingtonpost.com/health/2020/03/27/coronavirus-serum-plasma-treatment/........6

Cen e fo Di ea e Con ol and P e en ion, Co ona i Di ea e 2019 (COVID-19): Caring for

Child en, available at https://www.cdc.gov/coronavirus/2019-ncov/prepare/children.html (last

acce ed Ma . 29, 2020)

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Cen e fo Di ea e Con ol and P e en ion, Co ona i Di ea e 2019: Si a ion S mma

(Mar. 26, 2020), available at https://www.cdc.gov/coronavirus/2019-ncov/cases-

updates/summary.html#covid19-pandemic (last accessed Mar. 29, 2020)

.3, 5

Cen e fo Di ea e Con ol and P e en ion, Ho o P o ec Yo elf, available at

https://www.cdc.gov/coronavirus/2019-ncov/prevent-getting-

sick/prevention.html?CDC_AA_refVal=https%3A%2F%2Fwww.cdc.gov%2Fcoronavirus%2F2

019-ncov%2Fprepare%2Fprevention.html (last accessed Mar. 29, 2020)

..6

Cen e fo Di ea e Con ol and P e en ion, In e im G idance on Managemen of Co ona i

Disease 2019 (COVID-19) in Co ec ional and De en ion Facili ie , (Ma . 23, 2020), available

at https://www.cdc.gov/coronavirus/2019-ncov/community/correction-detention/guidance-

correctional-detention.html#social_distancing (last accessed Mar. 29, 2020)

6, 7, 8

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Case 1:20-cv-00786-JEB Document 24-2 Filed 03/30/20 Page 6 of 37

Cen e fo Di ea e Con ol and P e en ion, In e im Infec ion P e en ion and Con ol

Recommendations for Patients with Suspected or Confirmed Coronavirus Disease 2019

(COVID-19) in Heal hca e Se ing , available at https://www.cdc.gov/coronavirus/2019-

ncov/infection-control/control-recommendations.html (last accessed Mar. 29, 2020)

.20

Cen e fo Di ea e Con ol and P e en ion, Pandemic Ba ic , available at https://www.cdc.gov/flu/pandemic-resources/basics/index.html (last accessed Mar. 29, 2020) 4

Cen e fo Di ea e Con ol and P e en ion, Peo le ho a e a highe i k fo e e e illne ,

available at https://www.cdc.gov/coronavirus/2019-ncov/need-extra-precautions/people-at-

higher-risk.html (last accessed Mar. 29, 2020)

5

Cen e fo Di ea e Con ol and P e en ion, Resources for Large Community Events & Mass

Gatherings, available at https://www.cdc.gov/coronavirus/2019-ncov/community/large-

events/index.html (last accessed Mar. 29, 2020)

...19

Cen e fo Medica e and Medicaid Se ice , Ma ing Medica e Di a i ie , (J ne 17, 2019), available at https://data.cms.gov/mapping-medicare-disparities/hospital-view............................24

Christina Carrega, Shampoo, watery soap to disinfect: Conditions on Rikers Island during COVID-19 unsafe, some inmates say, ABC News (Mar. 29, 2020) available at https://abcnews.go.com/Health/shampoo-watery-soap-disinfect-conditions-rikers-islandcovid/story?id=69767859..............................................................................................................11

Danielle Wallace, Chicago infan die af e e ing o i i e fo co ona i , go e no a , Fox News (Mar. 29, 2020), available at https://www.foxnews.com/us/chicago-infant-diescoronavirus-youngest-covid-19-death-illinois...............................................................................15

Da id Koh, Occ a ional heal h a ec of eme ging infec ion sars outbreak affecting heal hca e o ke , 75 Occupational & Environmental Medicine Suppl 2, A14 (2018) available at https://oem.bmj.com/content/75/Suppl_2/A14.1.......................................................................13

Da id M. Re e , S ine Fl Wide ead in P i on and Jail , b Dea h a e Fe , Prison Legal News (Feb. 15, 2010), available at https://www.prisonlegalnews.org/news/2010/feb/15/swine-flu-widespread-in-prisons-and-jailsbut-deaths-are-few/........................................................................................................................11

Didier Raoult et al., Co ona i infec ion : E idemiological, clinical and imm nological fea e and h o he e , Cell Stress (Mar. 2, 2020), available at https://www.ncbi.nlm.nih.gov/pmc/articles/PMC7064018/..........................................................15

Edi o ial, COVID-19: protecting health-ca e o ke , The Lancet (Mar. 21, 2020), available at https://www.thelancet.com/journals/lancet/article/PIIS0140-6736(20)30644-9/fulltext........13, 24

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Case 1:20-cv-00786-JEB Document 24-2 Filed 03/30/20 Page 7 of 37
Ed a do Sanche , COVID-19 cience: Unde anding he ba ic of he d imm ni , Heart.org (Mar. 25, 2020), available at https://www.heart.org/en/news/2020/03/25/covid-19science-understanding-the-basics-of-herd-immunity......................................................................6
Haiyan Qiu et al., Clinical and e idemiological fea e of 36 child en i h co ona i di ea e 2019 (COVID-19) in Zhejiang, China: an ob e a ional coho d , The Lancet (Mar. 25, 2020), available at https://www.thelancet.com/journals/laninf/article/PIIS1473-3099(20)301985/fulltext.........................................................................................................................................17
Immig a ion and C om Enfo cemen , ICE G idance on COVID-19, Sec ion en i led De en ion, available at https://www.ice.gov/coronavirus (last accessed Mar. 29, 2020).....8, 12
J. Rocklöv et al., COVID-19 outbreak on the Diamond Princess cruise ship: estimating the e idemic o en ial and effec i ene of blic heal h co n e mea e , Journal of Travel Medicine (accepted manuscript published online Feb. 28, 2020), available at https://academic.oup.com/jtm/advance-article/doi/10.1093/jtm/taaa030/5766334.......................11
Jan Oke and Ca l Heneghan, O fo d COVID-19 E idence Se ice (Ma . 28, 2020), available at https://www.cebm.net/covid-19/global-covid-19-case-fatality-rates/.........................................3
Jennife Medina, An one S eak K iche o Mam? Immig a ion Co O e helmed b Indigeno Lang age , N.Y. Times (Mar. 19, 2019), available at https://www.nytimes.com/2019/03/19/us/translators-border-wall-immigration.html...................16
Joel Kelso et al., Sim la ion gge ha a id ac i a ion of ocial di ancing can a e epidemic development due to a novel st ain of infl en a, BMC Public Health (Apr. 29, 2009), available at https://link.springer.com/article/10.1186/1471-2458-9-117......................................18
Kael n Fo de, Mother of toddler who died after being released from ICE custody files wrongful death claim, ABC News (Aug. 29, 2018), available at https://abcnews.go.com/US/mothertoddler-died-released-ice-custody-files-wrongful/story?id=57473060.........................................21
Kenneth D. Kochanekh e al, Dea h : Final Da a fo 2017, National Vital Statistics Reports, 6 Table B (June 24, 2019), available at https://www.cdc.gov/nchs/data/nvsr/nvsr68/nvsr68_09508.pdf.............................................................................................................................................3
K i a M. Pe ei a and India O nela , Painf l Pa age : T a ma ic E e ience and Po T a ma ic S e among Immig an La ino Adole cen and hei P ima Ca egi e , 47 International Migration Review 1, 10 (2013), available at https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3875301/pdf/nihms529682.pdf........................16
Ma i a Wen ke, 1,700 jail inma e in L.A. Co n elea ed o e co ona i conce n , he iff a , KTLA5 (Mar, 24, 2020), available at https://ktla.com/news/local-news/1700-jail-inmatesin-l-a-county-released-over-coronavirus-concerns-sheriff-says/...................................................20
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Case 1:20-cv-00786-JEB Document 24-2 Filed 03/30/20 Page 8 of 37
Mi co Naco i, MD, e al, A he E icen e of he Co id-19 Pandemic and Humanitarian Crisis in I al : Changing Pe ec i e on P e a a ion and Mi iga ion, New England Journal of Medicine Catalyst (Mar. 21, 2020) Mar. 21, 2020 available at https://catalyst.nejm.org/doi/full/10.1056/CAT.20.0080?fbclid=IwAR0wa6jzqt_YYlZlYQtWiVmphT8pjyGBCndLhJGSN34dBaeZJoGP0sfneo..............................................13
Neeltje van Doremalen, et al., Ae o ol and S face S abili of SARS-CoV-2 as Compared with SARS-CoV-1, New England Journal of Medicine Correspondence (Mar. 17, 2020), available at https://www.nejm.org/doi/full/10.1056/NEJMc2004973................................................................5
Pe e Ho e , The dangers of disease in migrant children detention centers (J ne 28, 2018), available at https://www.axios.com/detention-centers-pose-risk-of-epidemics-among-migrantchildren-1529966221-c29a135c-83ca-45f5-8ad1-eeec8f72e5fe.html...........................................21
Qun Li et al., Ea l T an mi ion D namic in W han, China, of No el Co ona irus Infected Pne monia, 382 New England Journal of Medicine 1199, 1203 (2020), available at https://www.nejm.org/doi/10.1056/NEJMoa2001316.....................................................................4
Sanya Mansoor, Abo 700 Ne Je e Police Office Te ed Po i i e fo Co ona i , S a e Police Head Sa , Time (Mar. 29, 2020), available at https://time.com/5812113/new-jerseypolice-coronavirus/........................................................................................................................23
Scott Allen and Pamela McPherson, Letter to Senators Charles E. Grassley and Ron Wyden (Jul. 17, 2018), available at https://www.wyden.senate.gov/imo/media/doc/Doctors%20Congressional%20Disclosure%20S WC.pdf...........................................................................................................................................14
T ac T ll , 1,000 Inma e Will Be Relea ed F om N.J. Jail o C b Co ona i Ri k, N.Y. Times (Mar. 23, 2020), available at https://www.nytimes.com/2020/03/23/nyregion/coronavirusnj-inmates-release.html..................................................................................................................20
T le Kingkade, Co ona i in j enile detention is a 'nightmare scenario,' doctors and ad oca e a , NBC News (Mar. 27, 2020), available at https://www.nbcnews.com/news/usnews/coronavirus-juvenile-detention-nightmare-scenario-doctors-advocates-say-n1170256......15
Weiyong Liu et al., Detection of COVID-19 in Children in Early January 2020 in Wuhan, China New England Journal of Medicine, Correspondence (Mar. 12, 2020) available at https://www.nejm.org/doi/full/10.1056/NEJMc2003717?url_ver=Z39.882003&rfr_id=ori:rid:crossref.org&rfr_dat=cr_pub%3dpubmed...................................................15
Wo ld Heal h O gani a ion, Di ec o -General's opening remarks at the Mission briefing on COVID-19 (Ma . 12, 2020), available at https://www.who.int/dg/speeches/detail/who-directorgeneral-s-opening-remarks-at-the-mission-briefing-on-covid-19---12-march-2020.......................3
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Case 1:20-cv-00786-JEB Document 24-2 Filed 03/30/20 Page 9 of 37

Wo ld Heal h O gani a ion, P e a edne , e en ion and con ol of COVID-19 in prisons and o he lace of de en ion: In e im g idance, 10 (Ma . 15, 2020), available at http://www.euro.who.int/__data/assets/pdf_file/0019/434026/Preparedness-prevention-andcontrol-of-COVID-19-in-prisons.pdf?ua=1.....................................................................................3

World Health Organization, S a emen on he econd mee ing of he In e na ional Heal h Regulations (2005) Emergency Committee regarding the outbreak of novel coronavirus (2019nCoV) (Jan. 30, 2020), available at https://www.who.int/news-room/detail/30-01-2020statement-on-the-second-meeting-of-the-international-health-regulations-(2005)-emergencycommittee-regarding-the-outbreak-of-novel-coronavirus-(2019-ncov)..........................................5

Wo ld Heal h O gani a ion, Wha i a andemic? , available at

https://www.who.int/csr/disease/swineflu/frequently_asked_questions/pandemic/en/ (last

accessed Mar. 29, 2020)

...3

Yan Bai et al., P e med A m oma ic Ca ie T an mi ion of COVID-19, JAMA (Feb. 21, 2020), available at https://jamanetwork.com/journals/jama/article-abstract/2762028...................4

Yang Liu et al., The e od c i e n mbe of COVID-19 is higher compared to SARS co ona i , 27 Journal of Travel Medicine 1, 1 (2020), available at https://academic.oup.com/jtm/article/27/2/taaa021/5735319..........................................................4

Y an an Dong, e al., Epidemiological Characteristics of 2143 Pediatric Patients With 2019 Co ona i Di ea e in China, Pediatrics (pre-publication release online Mar. 16, 2020), available at https://pediatrics.aappublications.org/content/pediatrics/early/2020/03/16/peds.20200702.full.pdf...................................................................................................................................15

Z lfica G ego Re m, P blic Heal h Im lica ion of S b anda d Co ec ional Heal h Ca e, 95 American Journal of Public Health 1689, 1689 (2005), available at https://www.ncbi.nlm.nih.gov/pmc/articles/PMC1449420/..........................................................10

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Case 1:20-cv-00786-JEB Document 24-2 Filed 03/30/20 Page 10 of 37 CORPORATE DISCLOSURE STATEMENT
There are no parent corporations or publicly-held corporations that own 10% or more of the stock in any of the amici curiae.
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INTERESTS OF AMICI CURIAE2 Amici public health experts are nine researchers and academics who are experts in the fields of public health. Among them, they have decades of cumulative experience creating models to improve responses to epidemic diseases, researching the effects of immigration olicie on immig an heal h, and ea ing immig an , incl ding child en, in clinical e ing . Amicus American Academy of Pediatrics (AAP) represents 67,000 primary care pediatricians, pediatric medical subspecialists, and surgical specialists who are committed to the attainment of optimal physical, mental, and social health and well-being for all infants, children, adolescents, and young adults. AAP believes that the future prosperity and well-being of the United States depends on the health and vitality of all of its children, without exception. Pediatricians know that even short periods of detention can have long-lasting consequences for children, including psychological trauma and mental health risks. There is no evidence that any amount of time in detention is safe for a child. All children no matter where they or their parents were born should have the right to access health care, remain united with their families, and pursue a high-quality education. Amici seek to inform the court about the direct injuries to personal health that the Petitioners will suffer absent the requested relief, as well as the impact to the broader public if those injuries are not mitigated.
2 No a co n el a ho ed hi b ief in hole o in a . No a o a co n el contributed money that was intended to fund preparing or submitting the brief. No person other than the amici, its members, or its counsel contributed money that was intended to fund preparing or submitting the brief.
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INTRODUCTION Society is rarely faced with circumstances so stark as in this case. The COVID-19 pandemic will inevitably impose substantial harms on families with children detained in U.S. Immigration and Customs Enforcement (ICE) family e iden ial cen e , o FRC , and on the ICE personnel and contractors charged with Pe i ione de en ion and ca e. Wi ho an immediate change to the status quo, by the time the first cases are diagnosed, the FRCs will almo ce ainl al ead ha e become ho o , ca ing n old n mbe of children and their parents, as well as ICE personnel and contractors and their families, to eventually become sick. A significant number will then require hospitalization, facing the chance of permanent disability or death with compounded accompanying harm to local hospital systems and communities. The only viable public health intervention to address these negative outcomes and allow immigrant families, ICE personnel, contractors, and their families to practice appropriate prevention measures and prevent an outbreak is to release these families to their sponsors and immediately de-densify the detention centers. The urgency and clarity of the need for appropriate action cannot be overstated. Given the rapidity of transmission, to wait for a confirmed case is to wait far too long placing countless lives in danger. Simply put, continued detention is a recipe for a public health disaster.
ARGUMENT I. A DANGEROUS OUTBREAK OF THE HIGHLY CONTAGIOUS COVID-19
DISEASE INJURING PETITIONERS AND FRC STAFF IS INEVITABLE UNLESS PETITIONERS ARE IMMEDIATELY RELEASED FROM DETENTION. A. COVID-19 is a Dangerous, Highly Contagious Disease, and Individual and
Community Public Health Practices are Critical to Preventing its Transmission.
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In any setting, including the FRCs where Petitioners are currently detained, COVID-19,
caused by the SARS-CoV-2 virus, is a dangerous, highly contagious disease. One-fifth of all
cases cause serious illness, including respiratory damage that requires hospitalization and
mechanical ventilation, and can permanently harm those who survive.3 Currently, the U.S.
mortality rate is 1.63%.4 By contrast, heart disease, which consistently ranks as the leading
cause of death in the U.S., has a death rate over eight times smaller (0.2%).5
The World Health Organization (WHO) declared COVID-19 a pandemic, which it
defines as the o ld ide ead of a ne di ea e, on March 11, 2020.6 The Centers for
Disease Control and Prevention (CDC) has also classified COVID-19 as a pandemic.7
3 While abo 80% of ca e manife a a mild illne (i.e. non-pneumonia or mild pneumonia), approximately 20% progress to a more severe illness, with 6% requiring specialist medical care, incl ding mechanical en ila ion. Wo ld Heal h O gani a ion, P eparedness, prevention and control of COVID-19 in i on and o he lace of de en ion: In e im g idance, 10 (Ma . 15, 2020), available at http://www.euro.who.int/__data/assets/pdf_file/0019/434026/Preparednessprevention-and-control-of-COVID-19-in-prisons.pdf?ua=1. 4 Jan Oke and Ca l Heneghan, O fo d COVID-19 E idence Se ice (Ma . 28, 2020), available at https://www.cebm.net/covid-19/global-covid-19-case-fatality-rates/. 5 Kenneth D. Kochanekh et al., Dea h : Final Da a fo 2017, National Vital Statistics Reports, 6 Table B (June 24, 2019), available at https://www.cdc.gov/nchs/data/nvsr/nvsr68/nvsr68_09508.pdf. 6 Wo ld Heal h O gani a ion, Di ec o -General's opening remarks at the Mission briefing on COVID-19 (Ma . 12, 2020), available at https://www.who.int/dg/speeches/detail/who-directorgeneral-s-opening-remarks-at-the-mission-briefing-on-covid-19---12-march-2020; World Health O gani a ion, Wha i a andemic? , available at https://www.who.int/csr/disease/swineflu/frequently_asked_questions/pandemic/en/ (last accessed Mar. 29, 2020). 7 Cen e fo Di ea e Con ol and P e en ion, Co ona i Di ea e 2019: Si a ion S mma (Mar. 26, 2020), available at https://www.cdc.gov/coronavirus/2019-ncov/casesupdates/summary.html#covid19-pandemic ( CDC Si a ion S mma ) (la acce ed Ma . 29, 2020).
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According to the CDC, andemic happen when new (novel) ... viruses emerge which are able o infec eo le ea il and ead f om e on o e on in an efficien and ained a . 8
COVID-19 is highly transmissible: a recent meta-analysis of estimates of the reproductive number (R0, o -na gh , an estimate of how many people each infected person can spread the illness to) found that, on average in community settings, each infected person transmits the virus to an additional 2.79 people.9 This means that if each subsequent layer of infected individuals passes a COVID-19 infection on to 2.79 more people, after ten iterations of infection, a single infected person can be responsible for 28,579 infections. (By contrast, the seasonal flu has an R0 of 1.3; after ten iterations of infection, a single infected person can be responsible for only fourteen infections.) This already high reproduction rate has been found to be exponentially higher in dense settings (such as a cruise ship) that are somewhat closer to the conditions found in detention. This is so for several reasons. First, even asymptomatic individuals can transmit the disease to others,10 meaning that separating from others only those
ho e hibi m om ill no o he infec ion ead. Second, the virus has been found to have an incubation period of up to eighteen days,11 allowing infected (and potentially asymptomatic) individuals to unwittingly infect others for weeks. Third, the virus can survive
8 Cen e fo Di ea e Con ol and P e en ion, Pandemic Ba ic , available at https://www.cdc.gov/flu/pandemic-resources/basics/index.html (last accessed Mar. 29, 2020). 9 Yang Liu et al., The e od c i e n mbe of COVID-19 is higher compared to SARS co ona i , 27 Journal of Travel Medicine 1, 1 (2020), available at https://academic.oup.com/jtm/article/27/2/taaa021/5735319. 10 Yan Bai et al., P e med A m oma ic Ca ie T an mi ion of COVID-19, JAMA (Feb. 21, 2020), available at https://jamanetwork.com/journals/jama/article-abstract/2762028. 11 Qun Li et al., Ea l T an mi ion D namic in W han, China, of No el Co ona i Infec ed Pne monia, 382 New England Journal of Medicine 1199, 1203 (2020), available at https://www.nejm.org/doi/10.1056/NEJMoa2001316.
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outside the body for prolonged periods of time for example, it has been detected for up to seventy-two hours on plastic and stainless steel, twenty-four hours on cardboard, four hours on copper, and three hours as an aerosol.12 By contrast, influenza, itself a highly contagious virus responsible for tens of thousands of American deaths every year, has been shown to survive for 24-48 hours on hard, non-porous surfaces such as stainless steel and plastics, and 8-12 hours on paper products.13
The effects of COVID-19 are very serious, especially for people who are over the age of 65, and those of any age with underlying health problems such as but not limited to weakened immune systems, diabetes, lung, kidney, heart, and liver disease.14
Because of its high mortality rate and transmissibility, both the WHO and the CDC consider COVID-19 a public health emergency.15
12 Neeltje van Doremalen, et al., Ae o ol and S face S abili of SARS-CoV-2 as Compared with SARS-CoV-1, New England Journal of Medicine Correspondence (Mar. 17, 2020), available at https://www.nejm.org/doi/full/10.1056/NEJMc2004973. 13 B. Bean et al., S i al of infl en a i e on en i onmen al face , 146 Journal of Infectious Diseases 47, Abstract (1982), available at https://www.ncbi.nlm.nih.gov/pubmed/6282993. 14 Cen e fo Di ea e Con ol and P e en ion, Peo le ho a e a highe i k fo e e e illne , available at https://www.cdc.gov/coronavirus/2019-ncov/need-extra-precautions/people-athigher-risk.html (last accessed Mar. 29, 2020). 15 World Health Organization, S a emen on he econd mee ing of he In e na ional Heal h Regulations (2005) Emergency Committee regarding the outbreak of novel coronavirus (2019nCoV) (Jan. 30, 2020), available at https://www.who.int/news-room/detail/30-01-2020statement-on-the-second-meeting-of-the-international-health-regulations-(2005)-emergencycommittee-regarding-the-outbreak-of-novel-coronavirus-(2019-ncov); CDC Situation Summary, supra, Sec ion en i led Highligh of CDC Re on e.
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Because there is not yet any vaccine or herd immunity to COVID-19 (despite current
research),16 containing the disease largely falls on individuals and communities implementing
two fundamental public health practices.17 First, the CDC recommends ocial di ancing
individuals staying at least six feet apart to prevent transmission.18 Keeping distance from
others is especially important with COVID-19 because asymptomatic individuals are often
contagious without knowing it. Isolation separating sick people from healthy ones and
quarantining separating people who may have been exposed to see if they become sick are
also crucial strategies. When social distancing is not practical, the CDC recommends
coho ing, he ac ice of i ola ing g o of lab-confirmed cases rather than isolating
individuals.19 Ho e e , he CDC e e ha [o]nly individuals who are laboratory confirmed
COVID-19 cases should be placed under medical isolation as a cohort. 20 In addition,
16 Ca ol n Y. John on and Ben G a ino, Blood f om eo le ho eco e f om co onavirus co ld o ide a ea men , Washington Post (Mar. 27, 2020), available at https://www.washingtonpost.com/health/2020/03/27/coronavirus-serum-plasma-treatment/ 17 Cen e fo Di ea e Con ol and P e en ion, Ho o P o ec Yo elf, available at https://www.cdc.gov/coronavirus/2019-ncov/prevent-gettingsick/prevention.html?CDC_AA_refVal=https%3A%2F%2Fwww.cdc.gov%2Fcoronavirus%2F2 019-ncov%2Fprepare%2Fprevention.html (last accessed Mar. 29, 2020); Eduardo Sanchez, COVID-19 cience: Unde anding he ba ic of he d imm ni , Heart.org (Mar. 25, 2020), available at https://www.heart.org/en/news/2020/03/25/covid-19-science-understanding-thebasics-of-herd-immunity. 18 Centers for Disease Control and Pre en ion, In e im G idance on Managemen of Coronavirus Disease 2019 (COVID-19) in Co ec ional and De en ion Facili ie , Sec ion en i led Defini ion of Commonl U ed Te m (Ma . 23, 2020), available at https://www.cdc.gov/coronavirus/2019-ncov/community/correction-detention/guidancecorrectional-detention.html#social_distancing ( CDC De en ion G idance ) (last accessed Mar. 29, 2020). 19 Id. 20 Id., Sec ion en i led Medical I ola ion of Confi med o S ec ed COVID-19 Ca e .
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individuals who have been in close contact with a known COVID-19 case but who do not exhibit COVID-19 symptoms should be quarantined for two weeks.21
Second, proper hygiene practices are also vital to prevent COVID-19 transmission, particularly d e o he i abili o i e inside and outside the body for long periods of time. These practices include regular hand washing with soap for at least twenty seconds, e eciall af e co ghing, nee ing, blo ing one no e, ing he ba h oom, eating, preparing food, taking medication, or touching garbage.22
At a basic level, then, the public health approach to containing the disease is to break people into the smallest feasible groups (individuals, families, cohorts), and to keep those smallest groups both physically distanced from each other and practicing good hygiene. Following these practices will not totally eliminate new infections, but it will help to achieve the i al blic heal h goal of fla ening he c e that is, slowing the exponential growth of infectious diseases by preventing initial rapid onset. Flattening the curve allows the health care system to care for the same individuals over a longer period of time and prevent the system from being overburdened at any one instance. Outbreaks are anathema to this process because they cause large numbers of simultaneous infections and increase exponential hospitalization growth.
Implementing these practices has already led, in the United States and globally, to an unprecedented response akin to wartime mobilization. Public spaces have shuttered and individuals are self-quarantining at home, at significant economic cost (leading to the largest amount of aid from the federal government in history) in order to contain the virus. The drastic,
21 Id., Sec ion en i led Q a an ining Clo e Con ac of COVID-19 Ca e . 22 Id., Sec ion en i led H giene.
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unprecedented measures are universal and are all in response to the need to contain the virus as quickly as possible.
B. ICE is not Adequately Following Practices to Mitigate the COVID-19 Pandemic in FRCs.
The highly infectious nature of COVID-19 poses unique challenges for any detainees, including Petitioners. Petitioners, groups of families with minor children, are trapped in settings with limited health care resources not designed to respond to an outbreak. They are housed in shared sleeping conditions, eat in communal cafeterias, use shared bathrooms, and both lack supplies and immediate and frequent access to soap and water. Recognizing at least some of these difficulties, he CDC ecommend ha de en ion cen e main ain fficien ock of h giene lie , and [ ] o ide a no-cost supply of soap to incarcerated/detained persons, sufficient to allow frequent hand washing. 23
But Pe i ione al ead eca io ela ion hi o he andemic i made o e b ICE practices, which fall woefull ho of he CDC ecommendations. First, ICE ac ice do not adequately promote social distancing. According to ICE policies, only symptomatic detainees and those ho mee CDC criteria for epidemiologic risk are isolated.24 ICE does not define e idemiologic i k, but, whatever it means, distancing people who satisfy it from others is insufficient because, per the CDC, everyone should avoid contact with others.
23 Id., Sec ion en i led O e a ion & S lie . 24 Immig a ion and C om Enfo cemen , ICE G idance on COVID-19, Sec ion en i led De en ion, available at https://www.ice.gov/coronavirus ( ICE G idance ) (la acce ed Ma . 29, 2020).
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ICE limited ability to use isolation is unsafe for detainees already in the facility, and is made even worse with the treatment of new detainees even though new detainees might bring COVID-19 into the facility. ICE ac ice i o i ola e only those new detainees who both exhibit symptoms of COVID-19 and meet epidemiologic risk criteria25: that is, a person showing symptoms of a COVID-19 infection but who does not meet CDC clinical criteria will remain in the general detention population, con a ening he CDC ecommenda ion of a oweek quarantine for everyone who has had close contact with a known COVID-19 case. ICE past actions regarding detainee health care, especially for children, strongly suggests that existing protocols will not prevent or slow the spread of COVID-19 in these facilities nor safely address the needs of children.
Second, ICE does not adequately promote hygiene to either detainees or its staff. According to declarations accompany Pe i ione Com lain , he FRCs do not have adequate instructions on how to maintain hygiene,26 detainees are not provided hand sanitizer,27 detainees do not have consistent access to soap,28 and are often required to purchase soap themselves,29 and ICE aff do no ac ice ocial di ancing, and e en hake each o he hand .30 ICE itself has conceded that at the Karnes and Dilley FRCs, they routinely permit gatherings of 10 individuals, including ICE personnel (though personnel have been instructed not to touch other
25 Id. ( IHSC i ola e de ainee i h fe e and/o e i a o m om ho mee he e c i e ia. ) 26 Complaint Exhibit 2: Decl. of Bridget Cambria, ¶ 27; Decl. of Tae D. Johnson, Dkt. 19-1 ¶ 21. 27 Id., ¶ 28. 28 Id. 29 Complaint Exhibit 7: Decl. of Andrea Meza, ¶ 24. 30 Complaint Exhibit 8: Decl. of Julia Marcella Valero, ¶ 11.
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staff members).31 Families lack frequent access to bathrooms32 sink, water, and soap for hand washing, lack access to cleaning supplies, and generally lack access to equipment that can promote good hygiene. 33 Even setting aside the apparent lack of masks for symptomatic detainees,34 these basic failing con a ene he CDC ecommenda ion fo de en ion cen e .
C. The Three FRCs at Issue Inherently Cannot Follow Mitigation Practices. Even if ICE were to suddenly conform its practices to minimal standards, an outbreak still would be highly probable. Detainees are in frequent contact with one another and therefore cannot practice social distancing. They share bedrooms and bathrooms, and frequently gather in communal spaces. Isolating known cases and cohorting would be impossible for the same reasons. The disease will then spread in the facility like wildfire. It is uncontroversial in the public health literature that communicable diseases are far more prevalent in detention facilities. For example, a 2005 study found that, nationwide, the prevalence of HIV among incarcerated populations is ten times that of the general population, and inmates are 2,500 times more likely to suffer from tuberculosis.35 Another study found that,
31 Decl. of Tae D. Johnson, Dkt. 19-1 ¶ 21. 32 Cai lin Dicke on, The e I a S ench : Soiled Clo he and No Ba h fo Mig an Child en a a Te a Cen e , N.Y. Times (June 21, 2019), available at https://www.nytimes.com/2019/06/21/us/migrant-children-border-soap.html. 33 ICE has stated that they have increased oversight of the maintenance of sanitizing stations, but that it has not added additional sanitation sites to, for example, the Karnes Facility. Decl. of Tae D. Johnson, Dkt. 19-1 ¶ 21. 34 Complaint Exhibit 4: Decl. of Shalyn Fluharty, ¶ 21. 35 Z lfica G ego Re m, P blic Health Implications of Substandard Correctional Health Ca e, 95 American Journal of Public Health 1689, 1689 (2005), available at https://www.ncbi.nlm.nih.gov/pmc/articles/PMC1449420/.
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during the H1N1- ain fl o b eak in 2009 (kno n a he ine fl ), jail and i on
experienced a disproportionately high number of cases.36
COVID-19 is no exception to this trend. Looking at other high-density environments is
instructive. A recent study of COVID-19 on a densely populated cruise ship modeled its basic
reproduction rate (R0) to be an astronomical 14.8 (rather than the already high 2.79 rate in the
ordinary population that is, four times higher than normal) absent countermeasures such as
isolation and quarantine.37 And even this rate is probably lower than in FRCs because cruise
ship passengers would have been able to spend most of their time alone or in small family units,
use private bathrooms, and have meals delivered. The recent spread of COVID-19 in New York
City jails also illustrates the point. On March 20, there were nineteen confirmed cases. On
March 21, there were thirty-eight.38 On March 25, there were seventy-five; by March 29, there
were 139.39 Consistent with these examples, leading public health expertise, as documented in
36 Da id M. Re e , S ine Fl Wide ead in P i on and Jail , b Dea h a e Fe , Prison Legal News (Feb. 15, 2010), available at https://www.prisonlegalnews.org/news/2010/feb/15/swine-flu-widespread-in-prisons-and-jailsbut-deaths-are-few/. 37 J. Rocklöv et al., COVID-19 outbreak on the Diamond Princess cruise ship: estimating the e idemic o en ial and effec i ene of blic heal h co n e mea e , Journal of Travel Medicine (accepted manuscript published online Feb. 28, 2020), available at https://academic.oup.com/jtm/advance-article/doi/10.1093/jtm/taaa030/5766334. 38 A ocia ed P e , Co ona i : 38 e o i i e in Ne Yo k Ci jail , incl ding Rike I land, The Guardian (Mar. 22, 2020), available at https://www.theguardian.com/usnews/2020/mar/22/coronavirus-outbreak-new-york-city-jails-rikers-island. 39 And e Denne , Ne co ona i ca e in NYC jail o acing e of he ci , New York Post (Mar. 25, 2020), available at https://nypost.com/2020/03/25/new-coronavirus-cases-in-nycjails-outpacing-rest-of-the-city/; Christina Carrega, Shampoo, watery soap to disinfect: Conditions on Rikers Island during COVID-19 unsafe, some inmates say, ABC News (Mar. 29, 2020) available at https://abcnews.go.com/Health/shampoo-watery-soap-disinfect-conditionsrikers-island-covid/story?id=69767859.
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recent reports by the WHO, has drawn attention to the special risks that detention poses in the context of the COVID-19 pandemic, both for the health and safety of detained individuals themselves and for the general population.
Further, FRCs are not built to handle the outbreaks that will inevitably occur (that is, unless Petitioners are released). For one, cohorting is practically impossible because families, staff, and ICE agents interact throughout the day. Even if they had adequate supplies to treat any COVID-19 patients at all, which they do not, they would still lack the resources to handle an outbreak. In the event of an outbreak, FRCs would need to rely on their local health care networks for help treating detainees and staff. ICE has already indicated that it is in fact relying on local health care communities to care for individuals with moderate to severe symptoms, or those who require higher levels of care or monitoring. 40 But staff who interact with infected detainees or take detainees to external facilities where COVID-19 patients are being treated are highly likely to become infected themselves, bring the infection back to the facility or out into the community, and exacerbate (or create) an outbreak. There is no clear indication of what ICE would do to care for a child whose parent required transfer for such treatment.
Moreover, these local communities are likely already overburdened themselves, especially because of the ease with which health care workers become infected with COVID-19. For example, one study of COVID-19 in Italy found that 20% of responding health care workers became infected,41 and another found that 21% of worldwide cases in the SARS outbreak a
40 Ice Guidance, supra, Sec ion en i led De en ion. 41 Edi o ial, COVID-19: protecting health-ca e o ke , The Lancet (Mar. 21, 2020), available at https://www.thelancet.com/journals/lancet/article/PIIS0140-6736(20)30644-9/fulltext ( P o ec ing heal h-ca e o ke ).
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virus similar to COVID-19 were among health care workers.42 If community health care centers cannot treat the infected detainee or staff member, the detained parent or child presumably would have to remain in the detention center, essentially turning the detention facility into a COVID-19 hospital, and transforming all the staff into health care workers. In this scenario, an outbreak would be a public health disaster speedy transmission, isolation and quarantining of staff, overwhelmed local health care facilities without a clear endpoint such as with a cruise ship (when no new individuals were brought aboard and individuals ultimately were able to leave the ship). 43 II. DETAINED CHILDREN PRESENT UNIQUE RISKS THAT ONLY IMMEDIATE
RELEASE CAN MITIGATE A. Children are Uniquely Vulnerable to Acute Illness from COVID-19.
The generally non-compliant, high-risk conditions of the facilities in which these families with children are currently detained is sufficient to warrant release of all Petitioners in light of the COVID-19 pandemic. But several petitioners are infants and children, a uniquely vulnerable group that, absent release, could suffer serious harm.
42 Da id Koh, Occ a ional heal h a ec of eme ging infec ion sars outbreak affecting heal hca e o ke , 75 Occupational & Environmental Medicine Suppl 2, A14 (2018) available at https://oem.bmj.com/content/75/Suppl_2/A14.1. 43 See Mirco Nacoti, MD, et al., At the Epicenter of the Covid-19 Pandemic and Humanitarian Crisis in Italy: Changing Perspectives on Preparation and Mitigation, New England Journal of Medicine Catalyst (Mar. 21, 2020) Mar. 21, 2020 available at https://catalyst.nejm.org/doi/full/10.1056/CAT.20.0080?fbclid=IwAR0wa6jzqt_YYlZlYQtWiVmphT8pjyGBCndLhJGSN34dBaeZJoGP0sfneo ( . . . hospitals might be the main Covid-19 carriers, as they are rapidly populated by infected patients, facilitating transmission to uninfected patients. ).
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It is well-documented that, for years before the current pandemic, detained non-citizen
children have repeatedly suffered from various acute medical conditions that have gone
unrecognized because of both insufficient medical staff and a lack of medical staff trained in
pediatrics.44 There is a high attrition rate for medical providers at detention centers, so the care
that families do receive is fractured and inconsistent. As amicus American Academy of
Pediatrics has described,
Child en i al ign (b ea hing a e, hea ate, blood pressure) have different normal parameters than adults, and these parameters vary by age. When children begin to get sick, they present with subtle findings, and they tend to get sick more quickly. . . . A child can be happily playing, even running around, while her body systems begin to shut down.45
The pattern of de en ion aff no nde anding child en medical need , leading o oo
outcomes for children, threatens to repeat itself with COVID-19 but at a far larger scale. While
the CDC has stated that children are not at high risk for severe symptoms,46 the virus is still
44See, e.g., Ame ican Academ of Pedia ic , Te imon on A e ing Ade ac of DHS Efforts to Prevent Child Deaths in Custody to the U.S. House of Representatives Committee on Homeland Security, Subcommittee on Borde Sec i , Facili a ion, and O e a ion (Jan. 14, 2020), available at https://downloads.aap.org/DOFA/Jan%202020%20Hearing%20Statement%20for%20the%20Re cord%20-%20AAP.pdf ( AAP Te imon ); Scott Allen and Pamela McPherson, Letter to Senators Charles E. Grassley and Ron Wyden (Jul. 17, 2018), available at https://www.wyden.senate.gov/imo/media/doc/Doctors%20Congressional%20Disclosure%20S WC.pdf; Ami Ve a, A o de e mine 7-year-old Guatemalan girl died from sepsis while in U.S. C od , CNN (Mar. 30, 2019), available at https://www.cnn.com/2019/03/29/us/guatemala-jakelin-caal-maquin-autopsy/index.html. 45 AAP Testimony, supra. 46 Cen e fo Di ea e Con ol and P e en ion, Co ona i Di ea e 2019 (COVID-19): Caring fo Child en, available at https://www.cdc.gov/coronavirus/2019-ncov/prepare/children.html (last accessed Mar. 29, 2020).
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generally not well- nde ood, incl ding a o he i effec on child en.47 There is no
question that a significant number of children worldwide have contracted the virus, and at least
one infant in the U.S. has died from COVID-19.48 Children are certainly not immune.49 And
what little has been published about COVID-19 in children thus far describes cases of previously
healthy children becoming sick with COVID-19 to the point of needing hospitalization.50 The
literature in particular points to possible higher risk of severe illness in infants,51 as well as in
children with underlying medical disorders, including but not limited to immunodeficiencies and
pulmonary pathology.52 Immigrant children in particular who may have already come from
environments with sub-standard medical care and have gone through the trauma of international
47 Didier Raoult et al., Co ona i infec ion : E idemiological, clinical and imm nological fea e and h o he e , Cell Stress (Mar. 2, 2020), available at https://www.ncbi.nlm.nih.gov/pmc/articles/PMC7064018/. 48 See Danielle Wallace, Chicago infan die af e e ing o i i e fo co ona i , go e no a , Fox News (Mar. 29, 2020), available at https://www.foxnews.com/us/chicago-infant-diescoronavirus-youngest-covid-19-death-illinois. 49 Y an an Dong, e al., Epidemiological Characteristics of 2143 Pediatric Patients With 2019 Co ona i Di ea e in China, Pediatrics (pre-publication release online Mar. 16, 2020), available at https://pediatrics.aappublications.org/content/pediatrics/early/2020/03/16/peds.20200702.full.pdf ( Dong, E idemiological Cha ac e i ic ); T le Kingkade, Co ona i in juvenile detention is a 'nightmare scenario,' docto and ad oca e a , NBC News (Mar. 27, 2020), available at https://www.nbcnews.com/news/us-news/coronavirus-juvenile-detentionnightmare-scenario-doctors-advocates-say-n1170256. 50 Weiyong Liu et al., De ec ion of COVID-19 in Children in Early January 2020 in Wuhan, China New England Journal of Medicine, Correspondence (Mar. 12, 2020) available at https://www.nejm.org/doi/full/10.1056/NEJMc2003717?url_ver=Z39.882003&rfr_id=ori:rid:crossref.org&rfr_dat=cr_pub%3dpubmed. 51 Dong, Epidemiological Characteristics, supra. 52 Andrea T. Cruz, and Steven L. Zeichner, COVID-19 in Children: Initial Characterization of the Pediatric Disease, Pediatrics (pre-publication release Mar. 16, 2020), available at https://pediatrics.aappublications.org/content/pediatrics/early/2020/03/16/peds.20200834.full.pdf?rss=1.
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travel for days or weeks on foot are at further increased risk of health complications.53 Moreover, many children, along with their families, have limited health literacy or speak indigenous languages that FRCs cannot adequately accommodate, increasing health risks when interpreters are not available.54
This toxic combination of poorly staffed FRCs, an only partially understood virus, and facility medical personnel who lack training and resources to identify and treat acute medical conditions in children creates a substantial risk that detained children with known or undiagnosed medical conditions are at high risk of becoming seriously ill with COVID-19.
While children might still become ill when taken outside of a detention facility, nevertheless access to more robust resources outside of detention centers represents a significant improvement over the status quo. A child placed in a host family setting with access to medical resources (including pediatric care) in a local community and where they can maintain distance from others while awaiting care, is more likely to avoid poor outcomes. Continuing to keep vulnerable children in these FRCs, when the alternative is to release them and their parents to a host family, presents an unacceptable and unnecessary risk to their health.
53 Krista M. Perreira and India Ornelas, Painful Passages: Traumatic Experiences and PostTraumatic Stress among Immigrant Latino Adolescents and their Primary Caregivers, 47 International Migration Review 1, 10 (2013), available at https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3875301/pdf/nihms529682.pdf. 54 Jennife Medina, An one S eak K iche o Mam? Immig a ion Co O e helmed b Indigenous Languages, N.Y. Times (Mar. 19, 2019), available at https://www.nytimes.com/2019/03/19/us/translators-border-wall-immigration.html.
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B. The Presence of Children in the Dense Environment of a Detention Center Presents Serious Public Health Risks.
Children are not only a uniquely vulnerable population within immigration detention facilities; they also present a unique public health challenge to both the detained population and the general public. Because children do tend to have milder symptoms or appear asymptomatic when infected with COVID-19, they are more likely to be carriers not subject to isolation (if isolation were even possible in a detention facility). Children in detention facilities also frequently exhibit cold-like symptoms from other respiratory illnesses, which are hard to distinguish from COVID-19 symptoms. It would be irresponsible to leave them in the general population to await testing, but detention centers also lack the capacity to isolate detained families. Children are also children: they play, touch others and objects indiscriminately, move and run in available spaces, and have short attention spans that make following instructions (like washing hands) difficult. On a practical level, following CDC and other public health guidelines, including social distancing and increased efforts at hygiene, is impossible for children in a detention facility. While in a family setting, a sick child might get other family members sick, in a detention facility, the entire population (detainees and staff) is at risk.
The presence of asymptomatic or mildly symptomatic children within a larger detained o la ion e en a dange o i a ion in comm ni -ac i ed infec ion . 55 Outside of the FRCs, numerous U.S. institutions have already recognized this danger and have closed schools, day care centers, parks, and playgrounds in an effort to de-densify, specifically reducing the
55 See Haiyan Qiu et al., Clinical and e idemiological fea e of 36 child en i h co ona i disease 2019 (COVID-19) in Zhejiang, China: an ob e a ional coho d , The Lancet (Mar. 25, 2020), available at https://www.thelancet.com/journals/laninf/article/PIIS14733099(20)30198-5/fulltext.
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likelihood that children will become ill with COVID-19 and helping to prevent them from infecting the larger community. School closings have proven particularly effective in preventing the spread of illness.56 Analogously, taking families with children out of dense detention centers is likely to be effective in preventing the spread of illness to detainees and staff.
Importantly, de-densifying the detention population is a public health imperative not only for the detainee population, but also for the broader public. Children including asymptomatic carriers come into contact with detention staff, ICE employees, and others who travel between the general public to the FRC. Maintaining the status quo threatens not only the detainee population, which is already vulnerable to rapid spread of COVID-19, but also the general public when those in contact with detainees return to their homes or public places. Children in particular, because they may not present symptoms, pose a particular challenge in preventing broader spread of the virus. Releasing families with children will be an important step in improving public health outcomes. III. PETITIONERS REMEDY OF RELEASE IS SUBSTANTIALLY BETTER FOR
PUBLIC HEALTH THAN THE STATUS QUO. Without immediate de-densification, the physical conditions and current practices in ICE detention facilities make prevention and containment of COVID-19 within them impossible. Releasing families with children from detention is the only viable public health option currently available to reduce the risk that released individuals and families, any detainees remaining at the
56 Joel Kelso et al., Sim la ion gge ha a id ac i a ion of ocial di ancing can a e epidemic development due to a novel strain of infl en a, BMC Public Health (Apr. 29, 2009), available at https://link.springer.com/article/10.1186/1471-2458-9-117.
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facility during the release process, the personnel and contractors at these facilities, and public at large in surrounding communities will contract the disease.57
Because epidemiologists, public health experts, and the CDC unanimously agree that avoiding congregative environments and practicing scrupulous social distancing is essential to preventing community transmission of COVID-19, government officials have instituted unprecedented, sweeping bans on gatherings of as few as ten people (in contrast to what ICE has allowed), have ordered individuals to shelter-in-place, and have mandated the closure of all but essential buildings all to reduce the risk of COVID-19 transmission in congregative settings.58 Government officials have taken these drastic measures without requiring a confirmed case of COVID-19, recognizing that given the rapidity of transmission, to wait for a confirmed case is to wait far too long placing countless lives in danger.
For the same reason, officials overseeing detention settings across the nation and globe have ordered the release of inmates and detainees as a preventative measure. The vast majority of these have been individuals in the criminal justice system not those, like the families here, merely civilly detained while their asylum applications are being processed. Correctly apprehending the extreme degree of risk posed by COVID-19, Los Angeles County has ordered
57 This view is widely shared in the public health community. See, e.g., Decl. of Marc Stern at 56, ¶ 12, 3:20-cv-02064, Dkt 4-20; Decl. of Robert B. Greifinger at 7-8, ¶¶ 29, 30, 3:20-cv-02064, Dkt. 4-22; Decl. of Nancy Yvonne Wang at 7, ¶ 27, 2:18-cv-05741-DMG-PLA, Dkt 227-7; Decl. of Carlos Franco-Paredes at 1, 4, 5:19-cv-01546-JGB-SHK, Dkt 812-12; Decl. of Jonathan Louis Golob at 3, ¶ 12, 20-cv-02064, Dkt 4-19. See also Amicus Letter Brief from Public Health Experts dated March 24, 2020 in Committee for Public Counsel Services et al. v. Chief Justice of the Trial Court, Massachusetts Supreme Judicial Court No. SJ-2020-0115. 58 Cen e fo Di ea e Con ol and P e en ion, Resources for Large Community Events & Mass Gatherings, available at https://www.cdc.gov/coronavirus/2019-ncov/community/largeevents/index.html (last accessed Mar. 29, 2020).
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the release of over 1,700 inmates as of March 24, 2020.59 New Jersey officials have released over 1,000 inmates in response to the crisis.60 Cleveland and Tulsa have appropriately followed suit.61 Even Iran has released more than 80,000 inmates from its prisons.62 These officials have
recognized that a single case of COVID-19 will result in exponential growth of confirmed cases
within their facilities. Confirmed cases of individuals in detention will need to be isolated in medical facilities, and some such cases require a negative pressure room.63 Any individuals
interacting with the confirmed individual need to be in personal protective equipment, and any
individuals who were in contact with the confirmed individual need to be quarantined and
monitored for symptoms. Detention settings are not prepared to take these necessary steps to
prevent an outbreak.
Releasing families with children and other high-risk populations is the only way to limit
the spread of COVID-19 in FRCs. Releasing individuals will not only reduce the risk of
transmission to those that are permitted to follow CDC guidelines while living with sponsors, it
59 Ma i a Wen ke, 1,700 jail inma e in L.A. Co n elea ed o e co onavirus concerns, he iff a , KTLA5 (Mar, 24, 2020), available at https://ktla.com/news/local-news/1700-jailinmates-in-l-a-county-released-over-coronavirus-concerns-sheriff-says/. 60 T ac T ll , 1,000 Inma e Will Be Relea ed F om N.J. Jail o C b Co ona i Ri k, N.Y. Times (Mar. 23, 2020), available at https://www.nytimes.com/2020/03/23/nyregion/coronavirus-nj-inmates-release.html. 61 Id. 62 Adela Suliman, Andy Eckardt and Gabe Joselow, Coronavirus prompts prisoner releases around the world, NBC News (Mar. 26, 2020), available at https://www.nbcnews.com/news/world/coronavirus-prompts-prisoner-releases-around-worldn1169426. 63 Cen e fo Di ea e Con ol and P e en ion, In e im Infec ion P e en ion and Con ol Recommendations for Patients with Suspected or Confirmed Coronavirus Disease 2019 (COVID-19) in Heal hca e Se ing , available at https://www.cdc.gov/coronavirus/2019ncov/infection-control/control-recommendations.html (last accessed Mar. 29, 2020).
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will reduce the risk of transmission to any who remain in the FRC during the release process, the guards and staff that work there, and the public at large in the surrounding communities.
A. Petitioners will be Significantly Less Likely to Become Sick if Released. Releasing these families into a community setting will greatly reduce their individual risk of infection. The risk posed by infectious diseases in immigration detention facilities holding children is significantly higher than in the community, both in terms of risk of exposure and transmission and harm to individuals who become infected.64 Releasing individual petitioners will take them out of dense communal spaces and reduce the number of people with whom these families and children interact, reducing their risk of exposure. Children in particular who are no longer detained will have better access to general pediatricians, who can recognize the subtleties of a child who is mildly or moderately ill, but at risk of impending serious illness. A pediatrician will know how frequently a child should be reevaluated and can accurately counsel the parent on when to bring the child for further medical attention. Non-detained children are also able to re-visit the same pediatrician and non-detained parents can bring their child to an emergency department for evaluation. There are numerous barriers to such resources for parents and children in detention.65 B. Any Detention Population Remaining During the Release Process will be at
Lower Risk as the Detention Population is Reduced.
64 Pe e Ho e , The dangers of disease in migrant children detention centers (J ne 28, 2018), available at https://www.axios.com/detention-centers-pose-risk-of-epidemics-among-migrantchildren-1529966221-c29a135c-83ca-45f5-8ad1-eeec8f72e5fe.html. 65 Kael n Fo de, Mother of toddler who died after being released from ICE custody files wrongful death claim, ABC News (Aug. 29, 2018), available at https://abcnews.go.com/US/mother-toddler-died-released-ice-custody-fileswrongful/story?id=57473060.
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Releasing families with children from detention centers will also decrease the risks of exposure for any individuals who remain during the release process. Congregate settings such as FRCs allow for rapid spread of infectious diseases that are transmitted person to person, especially those passed by droplets through coughing and sneezing, which can be exacerbated by the presence of children. An increasingly smaller population will also make it easier for family units who remain in ICE custody during the presumably very short release process to practice social distancing and follow the CDC guidelines for reducing the spread of the disease. Progressively fewer people would then be housed in each room, common spaces would be less crowded, and detainees would interact with fewer people. In particular, reducing the number of children in the detention centers will reduce the likelihood that asymptomatic children spread COVID-19 to more vulnerable adults.
A progressively smaller population will also permit FRCs to focus resources on maintaining the health and safety for any families that remain. As discussed above, detention centers lack the space and resources to handle an outbreak. By immediately de-densifying the population, ICE will be able to better focus resources on improving the safety of any detainees who remain as the agency moves to release all family detainees.
C. Immediately De-densifying the FRC Population and Releasing Immigrant Families is Better for Facility Staff and the General Public.
A COVID-19 outbreak at an FRC will create an immediate and significant risk for the facility staff and the general population of neighboring communities. Staff arrive and leave on a shift basis. Contractors and vendors also pass between communities and facilities. Detainees, especially asymptomatic children, may interact with many agents who then go back into the community. By the time ICE recognized that COVID-19 was spreading within the detainee
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population, each of these staff members and other non-detained individuals will have been exposed to the virus. These staff, contractors, and vendors will have also risked exposing their families and communities. In this way, ICE staff themselves become vectors for COVID-19, moving the disease from FRCs to the multiple communities in which they live. Further, every quarantined ICE agent dec ea e he agenc s capacity to maintain whatever hygienic practices may exist. Simply put, every staff member is important during a pandemic, and the rapid removal of ICE staff will only increase the chances of disease spread.66
The risk of an outbreak spreading from an FRC to the neighboring community is enhanced by the susceptibility of the health care system, particularly in rural areas where many detention centers are located. The health care system, and rural systems in particular are already overtaxed.67 Should a spread of coronavirus occur in an FRC, the rural medical facilities in those communities will face a significant strain on their resources. First, when a detention facility lacks the medical resources to deal with a significant outbreak of an infectious disease, they will turn to the local medical facilities for assistance, reducing the number of hospital beds available to the general public. Karnes County FRC, for example, has fewer than seventy hospital beds
66 San a Man oo , Abo 700 Ne Je e Police Office Te ed Po i i e fo Co ona i , S a e Police Head Sa , Time (Mar. 29, 2020), available at https://time.com/5812113/newjersey-police-coronavirus/; Blai Lede , S . Lo i ci olice affic di i ion nde a an ine, after officer test positive for COVID-19 i , Fox 2 Now (Mar. 28, 2020), available at https://fox2now.com/news/st-louis-city-police-traffic-division-under-quarantine-after-officertest-positive-for-covid-19-virus/. 67 Brystana G. Kaufman e al., The Ri ing Ra e of R al Ho i al Clo e , 32 Journal of Rural Health 35 (2016), available at https://onlinelibrary.wiley.com/doi/abs/10.1111/jrh.12128.
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within a fifty-mile radius.68 This influx of patients from the FRC will come at the same time the medical facility is seeing an increase in patients from the general public.
Second, as discussed above, COVID-19 is likely to infect a large number of health care workers. Thus, we can expect that these already overburdened community clinics and hospitals will be operating in a reduced staffing capacity.69 A reduced health care work force will limit the ability of rural hospitals to treat both the general public who have been infected as well as the overflow form the FRC.
Releasing families and children currently in detention reduces the risk of creating a localized outbreak that puts increased strain on local resources. Families and children currently in detention will not be in contact with guards and other ICE staff if they are released, reducing the risk of exposure for guards and ICE staff. In fact, a reduction in the detainee population could allow the FRCs to decrease staffing, so that fewer staff are exposed to the virus, mitigating the likelihood of further community spread. Releasing families and children before an outbreak occurs will also leave fewer detainees who would need access to local medical facilities.
D. Petitioners will be Better Equipped for Social Distancing with Sponsors. Releasing children and families into the custody of properly screened sponsors is the safest way to prevent the di ea e s spread and reduce the threat to this vulnerable population. This includes allowing families detained at FRCs to be released together. Living in the community with family sponsors, these children and families will be better equipped to practice
68 Karnes County FRC is within fifty miles of Otto Kaiser Memorial Hospital (25 beds) and Connelly Memorial Medical Center (44 beds). See Centers for Medicare and Medicaid Services, Ma ing Medica e Di a i ie , (J ne 17, 2019), available at https://data.cms.gov/mappingmedicare-disparities/hospital-view. 69 Protecting health-care workers, supra.
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social distancing and safely self-isolate or quarantine and coordinate accessing needed health resources. In particular, these arrangements would far better address the needs of children and parents if they are required to self-isolate or quarantine in the future, ensuring that they will not be separated and have familiar sponsors available to ensure care for children.
Children and families currently in detention can best reduce their infection and transmission risk by following CDC guidance for the public in general: staying indoors, social distance, and washing hands, none of which can be done effectively in detention. At this point, there are no cases in the FRC, so releasing the detainees presents a lower risk to the public. By waiting and keeping these children and families in crowded detention facilities, ICE increases the risk of creating hot spots that would likely infect staff and spread to surrounding communities.
CONCLUSION Fo he fo egoing ea on , he co ho ld g an Pe i ione mo ion fo a em o a restraining order.
Respectfully submitted,

/s/ Nicholas Renzler Nicholas Renzler #983359
Counsel of Record Christopher Hart #486577 FOLEY HOAG LLP 1717 K Street NW Washington, DC 20006 Phone: (202) 223-1000 nrenzler@foleyhoag.com chart@foleyhoag.com
On The Brief Anthony Mirenda Andrew London Stephen Stich FOLEY HOAG LLP

/s/ Ian Matthew Kysel Ian Ma he K el*
ASYLUM & CONVENTION AGAINST TORTURE APPELLATE CLINIC Be h L on* FARMWORKER LEGAL ASSISTANCE CLINIC Chan al Thoma * CORNELL LAW SCHOOL Myron Taylor Hall Ithaca, NY 14853 Phone: (607) 255-4196 imk48@cornell.edu mbl235@cornell.edu ct343@cornell.edu

/s/ Gerald Torres Gerald Torres* #965590 YALE SCHOOL OF FORESTRY & ENVIRONMENTAL STUDIES 195 Prospect Street New Haven, CT 06511 Phone: (203) 432-5100 gerald.torres@yale.edu *Affiliation provided for identification purposes

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155 Seaport Boulevard Boston, MA 02210 Phone: (617) 832-1000 amirenda@foleyhoag.com alondon@foleyhoag.com sstich@foleyhoag.com

*Affiliation provided for identification purposes
Motion to appear in this matter pro hac vice forthcoming

Attorneys for Amici

DATED: March 30, 2020

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APPENDIX A - Amici Public Health Experts
Gregg Gonsalves, PhD Assistant Professor Department of Epidemiology of Microbial Diseases Yale School of Public Health
Nolan Kline, PhD, MPH, CPH Assistant Professor of Anthropology Rollins College
Alana M.W. LeBrón, PhD, MS Assistant Professor of Public Health and Chicano/Latino Studies University of California, Irvine
William D. Lopez, PhD, MPH Clinical Assistant Professor of Public Health University of Michigan School of Public Health
Ranit Mishori, MD, MHS, FAAFP Professor of Family Medicine, Georgetown University School of Medicine. Senior Medical Advisor, Physicians for Human Rights.
Nicole L. Novak, PhD, MSc Assistant Research Scientist Prevention Research Center, School of Public Health Department of Community and Behavioral Health University of Iowa
Katherine R. Peeler, MD, FAAP Attending Physician, Division of Medical C i ical Ca e, Bo on Child en Ho i al Instructor in Pediatrics, Harvard Medical School Asylum Network Member, Physicians for Human Rights
Basil A. Safi, MPH Independent Public Health Expert
Maria-Elena De Trinidad Young, PhD, MPH Assistant Professor of Public Health University of California Merced
All amici public health experts express their views in their individual capacity. The views expressed herein do not necessarily represent the views of the institutions with which amici are affiliated.
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 Case 1:20-cv-00786-JEB Document 98 Filed 07/22/20 Page 1 of 26

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

O.M.G., et al., Petitioners, v.
CHAD WOLF, et al., Respondents.

Civil Action No. 20-786 (JEB)

MEMORANDUM OPINION While the COVID-19 pandemic has disrupted lives throughout our country, in few places has it proved more contagious than in congregate settings like prisons or detention centers. This case concerns three such settings known as family residential centers (FRCs), communal immigration-detention facilities reserved exclusively for migrant families. Petitioners are over 200 detainees currently held at the three FRCs, two of which are located in Texas and the third in Pennsylvania. They assert that the dangers posed by the ongoing pandemic render the conditions of their confinement at the FRCs a violation of their due-process rights under the Fifth Amendment. Specifically, Petitioners argue that Immigration and Customs Enforcement has failed to effectively implement basic protective measures such as masking and social distancing. At the outset of this litigation, Petitioners’ central focus was on securing improvements in such conditions; now, they seek wholesale release from ICE confinement, and they urge this Court to grant a preliminary injunction to that effect. In parallel proceedings, another federal court — applying a longstanding consent decree, not the Due Process Clause — recently ordered the release of all minors who have been detained at an FRC for longer than twenty days. See

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Flores v. Barr, No. 85-4544, 2020 WL 3488040, at *1–2 (C.D. Cal. June 26, 2020). Many Petitioners are minors who qualify. As a practical matter, then, Petitioners’ request for release pertains principally to the adults among them.
The Preliminary Injunction Motion presents difficult legal questions and turns on disputed factual allegations about what is actually taking place inside the FRCs. At this point, however, the Court need not untangle those knots. Even assuming the conditions of Petitioners’ confinement violate their due-process rights, they have not yet clearly shown that they are entitled to the extraordinary remedy of blanket release from immigration detention. The Court will accordingly deny their Motion. I. Background
A. Family Residential Centers Petitioners number over 200 of the 300-plus noncitizen parents and children who are currently detained in the three ICE FRCs: the Berks County Residential Center in Leesport, Pennsylvania (Berks); the South Texas Family Residential Center in Dilley, Texas (Dilley); and the Karnes County Family Residential Center in Karnes City, Texas (Karnes). See ECF No. 1 (Mandamus Pet.), ¶ 2. Each facility exclusively holds migrant families, and each ordinarily operates as a congregate-care facility with communal sleeping quarters, bathrooms, dining rooms, and recreational areas. See ECF No. 1-2 (Declaration of Bridget Cambria), ¶¶ 14–15; ECF No. 1-4 (Declaration of Shalyn Fluharty), ¶¶ 6, 12–13; ECF No. 1-7 (Declaration of Andrea Meza), ¶¶ 7, 35. Dilley and Karnes can hold 2,400 and 830 individuals, respectively. See ECF No. 39-2 (Declaration of Michael Sheridan), ¶¶ 7, 31. Berks is a much smaller facility, able to house only 96. See ECF No. 39-3 (Declaration of Christopher George), ¶ 4.
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Detainees at the Berks, Dilley, and Karnes FRCs fall into three basic categories regarding their immigration status. As of late April, more than half were subject to final orders of removal and were awaiting removal, see ECF No. 51-1 (April 22 Supplemental Declaration of Melissa B. Harper), ¶ 5, although some such orders are subject to judicial or administrative stays. See ECF No. 51-3 (April 22 Declaration of Christopher George), ¶ 50; ECF No. 78-9 (Supplemental Declaration of Shalyn Fluharty), ¶ 17. About a third of detainees had been processed for expedited removal and were undergoing credible- or reasonable-fear determinations to determine their eligibility for asylum. See Apr. 22 Harper Suppl. Decl., ¶ 5. The remaining few were pending formal removal proceedings under section 240 of the INA. Id. These numbers may well have shifted some in the past few months, as the detainee population is constantly in flux. See, e.g., ECF No. 94-1 (July 20 Supplemental Declaration of Melissa B. Harper), ¶¶ 4–6 (reporting intake of 262 new detainees and release of 145 detainees from July 1 to July 20, 2020).
B. This Litigation In March of this year, communities across the United States began to experience outbreaks of an infectious disease known as COVID-19, caused by a novel coronavirus known as SARS-CoV-2. See ECF No. 1-12 (Declaration of Dr. Ronald Jay Waldman), ¶ 4. The Centers for Disease Control and Prevention reports that COVID-19 is spread mainly via close contact between persons and through respiratory droplets produced when an infected person talks, coughs, or sneezes. See CDC, Coronavirus Disease 2019 (COVID-19), Protect Yourself, https://www.cdc.gov/coronavirus/2019-ncov/prevent-getting-sick/prevention.html (last visited July 19, 2020). Infected persons are likely capable of spreading the disease despite showing no symptoms. Id. It does not take a medical degree to recognize that congregate detention facilities
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like FRCs “are difficult environments in which to prevent the spread of a dangerous contagion like COVID-19.” C.G.B. v. Wolf, No. 20-1072, 2020 WL 2935111, at *2 (D.D.C. June 2, 2020).
On March 21, 2020, understandably fearful of the arrival of the virus at their facilities, Petitioners filed this action challenging the conditions of their confinement. That same day, they sought a Temporary Restraining Order compelling ICE to implement COVID-19 safety protocols at the FRCs and, if preventive measures were not possible, to release them from detention. See ECF No. 4 (TRO Mot.) at 1, 29. On March 30, after a telephonic hearing, the Court granted in part and denied in part the Motion, declining to order release but requiring ICE to implement protocols consistent with CDC guidance for congregate detention facilities. See Min. Order (Mar. 30, 2020). Believing these measures insufficient, Petitioners now seek a preliminary injunction ordering their release. See ECF No. 78 (PI Mot.).
C. Other Relevant Cases The instant action, perhaps not surprisingly, is not the only one covering FRC detainees. Judge Dolly M. Gee of the U.S. District Court for the Central District of California oversees a class action that long ago resulted in a consent decree, known as the Flores Settlement Agreement (FSA), providing certain rights to all minors detained at FRCs. See Flores v. Barr, No. 85-4544, 2020 WL 2128663 (C.D. Cal. Mar. 28, 2020). Specifically, the FSA provides that minors shall be held “in facilities that are safe and sanitary,” FSA, ¶ 12.A, and that “[w]here [the government] determines that the detention of the minor is not required either to secure his or her timely appearance [in immigration proceedings], or to ensure the minor’s safety or that of others, the [government] shall release a minor from its custody without unnecessary delay.” FSA, ¶ 14. In March of this year, the Flores plaintiffs argued to Judge Gee that ICE’s pandemic response at the FRCs was in breach of its contractual obligations to release minors “without unnecessary
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delay” and to provide “safe and sanitary” conditions. See Flores, 2020 WL 2128663, at *3. The plaintiffs sought a TRO ordering the prompt release of most minors and requiring ICE to implement public-health strategies recommended by the CDC for congregate detention facilities. Id.
On March 28, Judge Gee granted the motion in part and denied it in part. She found that although ICE had been “laggardly in its early response” to the COVID-19 threat, it had begun implementing CDC guidance for detention facilities. Id. at *6. She ordered ICE to report to a court-appointed Monitor on its current capacity and the status of its compliance with CDC recommendations. Id. at * 9. She declined, however, to order any minor’s release by a date certain, instead ordering ICE to “make every effort to promptly and safely release” minors. Id. at *10; see also Flores v. Barr, No 85-4544, 2020 WL 2758792, at *12–14 (C.D. Cal. Apr. 24, 2020); id., 2020 WL 2758795, at *2 (C.D. Cal. May 22, 2020).
On June 26, however, Judge Gee changed course. She stated that she “appreciate[d] . . . ICE’s . . . efforts,” which are described below, “to reduce the number of [minors] in [its] custody during the pandemic.” Id., 2020 WL 3488040, at *1 (C.D. Cal. June 26, 2020). But Judge Gee noted that, according to the plaintiffs and the Independent Monitor, ICE had “fail[ed] to implement best public health practices.” Id. at *2. She specifically cited the Monitor’s “observations of non-compliance or spotty compliance with masking and social distancing rules.” Id. Based on those observations, the court decided that ICE’s adherence to its contractual obligations — namely, to provide “safe and sanitary” conditions and to release minors “without unnecessary delay” — “remain[ed] at issue.” Id. Given those concerns and “the severity of the outbreak [of COVID-19] in the counties in which FRCs are located,” Judge Gee ordered ICE to release to a suitable sponsor all minors who have been detained longer than
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twenty days. Id. at *2–3. Judge Gee initially set a deadline of July 17, but that deadline has been extended by stipulation to July 27. See ECF No. 91 (Notification of Stipulation to Extend). She also ordered ICE to “urgently enforce its existing COVID-19 protocols, particularly” in the areas of social distancing, masking, and testing. Flores, 2020 WL 3488040, at *3.
This decision has significant ramifications for the suit before this Court, which deals with both FSA-covered minors and their non-covered parents (as well as some non-covered minors), given that close to half of Petitioners may soon be released regardless of anything this Court does. Judge Gee’s order also has serious consequences for parent Petitioners. The order recognizes that a child’s parent(s) may choose not to have the child released from detention — e.g., if a suitable guardian is not available — in effect waiving the child’s rights under the FSA. Id. at *2, *3. Absent a further order requiring the release of adult detainees from the FRCs, then, parents face a difficult choice: release their children to sponsors for an unknown amount of time, or keep their children with them in conditions that Petitioners fear are dangerous.
Two other ongoing litigations also bear mention. First, although roughly half of FRC detainees are subject to final orders of removal, many of those detainees (some likely Petitioners here) are currently seeking a stay of those orders in another suit in front of Judge Christopher R. Cooper of this district. See Mot. for a TRO and Stay of Removal, D.A.M. v. Barr, No. 20-1321 (D.D.C. filed May 18, 2020). The plaintiffs in that action contend that the government is failing to adequately protect them from contracting COVID-19 during the removal process. Id. If Judge Cooper sides with them, such an order would forestall the removal of many Petitioners for at least some period.
Second, in Fraihat v. ICE, No. 19-1546, 2020 WL 1932570 (C.D. Cal. Apr. 20, 2020), Judge Jesus Bernal of the U.S. District Court for the Central District of California has
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provisionally certified two nationwide subclasses, consisting of all ICE detainees with risk factors or disabilities putting them in danger of severe illness or death from COVID-19. Id. at *20. He held that such high-risk detainees were likely to succeed on the merits of their claims of medical indifference and unconstitutional conditions of confinement. Id. at *22, *25. Judge Bernal thus granted a preliminary injunction ordering ICE to identify all detainees at heightened risk from COVID-19 and to promptly make individualized custody determinations for all of them. Id. at *29. The Government represents that some Petitioners here may be members of one of the Fraihat subclasses. See ECF No. 58-1 (Resp’t Mot. to Dismiss) at 30.
D. ICE’s Response to COVID-19 at FRCs 1. Undisputed Facts
Over the past four months, ICE has taken steps (prompted, perhaps, by the court orders discussed above) to reduce the risk of a COVID-19 outbreak at the Berks, Dilley, and Karnes facilities. As Judge Gee noted, the agency has released many detainees from the FRCs. See Flores, 2020 WL 3488040, at *1 & n.1; compare Sheridan Decl., ¶¶ 7, 31 (reporting 609 detainees at Dilley and 433 at Karnes as of April 3), with July 20 Harper Suppl. Decl., ¶ 4 (reporting 172 at Dilley and 153 at Karnes as of July 20). The number of residents at Berks has increased from sixteen to twenty-one. Compare ECF No. 82-1 (Supplemental Declaration of Christopher George), ¶ 17, with July 20 Harper Suppl. Decl., ¶ 4.c. Based on these numbers, Dilley and Karnes have reduced their detainee populations by roughly two-thirds since early April. As to total facility capacity, Berks is now at 21%, Dilley is at 7%, and Karnes is at 18%. The population may well decrease further soon, as half of current detainees are minors entitled to release under Judge Gee’s order. See July 20 Harper Suppl. Decl., ¶ 4. Of course, the fact that
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many other detainees have been released is cold comfort to Petitioners, who continue to be held
against their will.
In addition to stepping up release of detainees, ICE has adopted other protective
measures. According to declarations submitted by ICE officials and undisputed by Petitioners, it
appears that the agency has implemented and now consistently abides by the following
protocols:
• Staff receive temperature checks and are screened for COVID-19 symptoms prior to beginning their shift. See George Suppl. Decl., ¶¶ 26–27; ECF No. 82-2 (Declaration of Richard M. Hunt), ¶ 9; ECF No. 82-3 (Declaration of Anthony S. Hofbauer), ¶ 6; Sheridan Decl., ¶ 48; ECF No. 78-3 (Independent Monitor Report) at 5.
• If a staff member tests positive for COVID-19, he or she is placed on leave for at least fourteen days, and medical clearance (i.e., a doctor’s note and negative test) is required to return to work. See George Suppl. Decl., ¶ 28; Hunt Decl., ¶ 6; Hofbauer Decl., ¶ 11.
• ICE conducts contact tracing, including by reviewing video, to determine whether a COVID-positive employee has been in close contact with any detainee or other staff. Potentially exposed detainees or staff are treated consistent with CDC guidelines including isolation and monitoring. See George Suppl. Decl., ¶ 28; Hunt Decl., ¶¶ 7, 10; Fluharty Suppl. Decl., ¶ 9; Hofbauer Decl., ¶¶ 5, 7–9.
• All incoming detainees are tested (upon consent) for COVID-19 and placed in a cohort away from the rest of the detainee population for fourteen days. The same cohorting and quarantining procedures apply to any detainee who leaves the facility for offsite appointments, such as for health care. See George Suppl. Decl., ¶¶ 29–33, 36; Hunt Decl., ¶¶ 3, 9; Hofbauer Decl., ¶¶ 4, 5.d–e; Independent Monitor Report at 5.
• Each FRC now has one family per sleeping quarters to maximize social distancing. See George Suppl. Decl., ¶¶ 16–17; Hunt Decl., ¶ 9; Sheridan Decl., ¶ 31; Hofbauer Decl., ¶ 12.c.
• Common spaces are disinfected more frequently and more intensely than before the pandemic began. ICE has increased the number of hand-sanitizing stations and wipes. See Apr. 22 George Decl., ¶¶ 16–20, 35; George Suppl. Decl., ¶ 51; Sheridan Decl., ¶¶ 17, 40; Hunt Decl., ¶ 9.
• ICE has suspended in-person visitation, facility tours, and non-essential civilian access. See George Decl., ¶ 17.d–h; Sheridan Decl., ¶¶ 19, 23, 42, 46.
• At Dilley and Karnes, ICE screens arrivals to determine whether they qualify as high-risk under Fraihat, 2020 WL 1932570. Consistent with Judge Bernal’s order, all cases involving risk factors are evaluated for possible release. See Hunt Decl., ¶ 8; Hofbauer Decl., ¶ 12.a. Until very recently, only one new family has arrived at Berks since March,
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see George Suppl. Decl., ¶¶ 16–18, and it is unclear whether that family’s three members were similarly screened.
2. Disputed Facts Although Petitioners do not appear to dispute ICE’s compliance with the above protocols, they assert — echoing Judge Gee’s June 26 order — that the agency nonetheless continues to fall short of implementing “basic protective measures like social distancing, personal protective equipment, medical care, and testing.” See ECF No. 85 (PI Reply) at 2; PI Mot. at 10–13. Whereas the Government’s submissions regarding such matters “relate at most to policy,” Petitioners claim, they “do not accurately reflect what happens in practice.” PI Reply at 4. Since the start of this case, Petitioners have repeatedly submitted declarations and summaries describing the alleged insufficiency of the FRCs’ pandemic response. E.g., ECF No. 44 (Pet’rs’ Response to April 6 Status Report) at 6–8; ECF No. 52 (Pet’rs’ Response to April 22 Status Report) at 11–13. Petitioners’ preliminary-injunction papers, however, do not state clearly whether many of the previously reported deficiencies persist. See PI Mot. at 11–12. To assess the state of play at the FRCs, the Court therefore largely relies on Petitioners’ and Respondents’ most recent declarations and the report from the Flores Independent Monitor (which covers Dilley and Karnes).
a. Mask Use Begin with masks. It is undisputed that staff at all three FRCs are required to wear face coverings at all times. See George Suppl. Decl., ¶ 43; Hunt Decl., ¶ 9; Hofbauer Decl., ¶¶ 6, 12.f. It is also undisputed that detainees are issued masks and are required to wear them (except while eating) outside their sleeping area. See George Suppl. Decl., ¶¶ 43–46; Hunt Decl., ¶ 9; Hofbauer Decl., ¶ 12.c–d. The Flores Independent Monitor reported in late June that “[t]he
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stated policy is for all staff and detainees to wear a mask at all times (except while eating).” Independent Monitor Report at 5.
The Monitor, however, went on to note that “video for Dilley revealed only partial compliance with masking requirements among staff.” Id. at 5–6. The Monitor also conducted “[i]nterviews with . . . detained women,” which “confirmed that masking among staff is only intermittently enforced.” Id. at 6. Recent declarations submitted by attorneys on the ground at the FRCs make the same assertion, albeit in general terms. See Fluharty Suppl. Decl., ¶ 4 (“Little has changed at [Dilley.] The inconsistent use of personal protective equipment . . . continues.”); ECF No. 78-10 (Supplemental Declaration of Andrea Meza), ¶ 8 (noting that her Karnes clients “indicate that . . . staff continue to irregularly adhere to CDC guidelines including those regarding the use of PPE”).
In addition to these concerning reports, Petitioners provide several more specific claims regarding inadequate mask usage. For instance, one Dilley detainee observed both staff and residents frequently “pull[] their masks down because of the afternoon heat” during a recent Fourth of July celebration. See ECF No. 85-1 (Declaration of D.A.M.), ¶ 11. In addition, detainees at Berks are issued masks only once a week and have allegedly not been told of ICE’s policy to provide additional masks if asked. See ECF No. 78-4 (June 17 Declaration of Bridget Cambria), ¶ 29. Finally, it seems that older children at Berks may not consistently wear masks (all agree that children younger than two cannot wear masks due to the risk of suffocation). Id., ¶¶ 23, 27, 36.
b. Social Distancing There is also some dispute as to the current state of social distancing at the FRCs. ICE officials maintain that such practice is observed at all three facilities. See George Suppl. Decl.,
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¶¶ 38–42; Hunt Decl., ¶¶ 5, 9; Sheridan Decl., ¶¶ 25, 49. Petitioners, however, assert that compliance remains inconsistent. See ECF No. 78-8 (July 2 Declaration of Bridget Cambria), ¶ 19; Fluharty Suppl. Decl., ¶¶ 4, 6, 18; Meza Suppl. Decl., ¶¶ 8, 9. The Independent Monitor’s report noted that videos of Karnes and Dilley “showed appropriate distancing among staff and detainees.” Independent Monitor Report at 6.
The exception, according to the Monitor, was that all nine interviewed detainees “reported that distancing was not practiced in the common dining room,” as six to eight “persons of different families were seated at each table without distancing during meals.” Id. It is not clear whether this mid-June finding pertains to both Dilley and Karnes, or instead only Dilley. One of Petitioners’ recent declarations, however, notes that as of “June 30, 2020, families [at Dilley] report no longer sharing tables in the dining hall and being instructed to move away from each other if congregating in groups to speak outside.” Fluharty Suppl. Decl., ¶ 5. And declarations of ICE officials dating back to April maintain that since the pandemic began, meals at Karnes are provided to detainees in their rooms, not in the dining rooms. See Sheridan Decl., ¶ 49.b; ECF No. 51-2 (April 22 Declaration of Michael Sheridan), ¶ 19.a.v. Petitioners have not contested that point, nor do they dispute that at Berks, entry into the dining hall is now staggered, with each family sitting at their own table. See George Suppl. Decl., ¶¶ 39–40.
Petitioners nonetheless flag several ways in which sound distancing practices may not yet be a reality at the FRCs. First, they note that children cannot be expected to effectively distance and thus pose a distinct risk of spreading the virus among detainees. See June 17 Cambria Decl., ¶¶ 23, 36. That concern is well founded, as several children from different families at Berks suffered the same non-COVID viral illness earlier this year. Id., ¶¶ 31–32. Second and relatedly, Petitioners report that at Dilley, “the gym continues to be used by large groups of
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people, including groups of mothers who sit together with . . . staff while large groups of children play together.” Fluharty Suppl. Decl., ¶ 6. Third, a Dilley detainee reports that the facility held an ill-advised Fourth of July celebration, involving games like tug-of-war, at which detainees sometimes interacted in large groups despite nominal social-distancing attempts. See D.A.M. Decl., ¶¶ 2–10, 17.
c. Detainee Education and Medical Care Petitioners’ final two areas of concern are COVID education and COVID-related medical care for the FRC detainees. On the former, the record contains directly contradictory assertions. ICE officials claim to have provided detainees education on preventive measures such as proper use of PPE and effective distancing. See George Suppl. Decl., ¶¶ 39, 45; Hunt Decl., ¶ 9; Sheridan Decl., ¶ 41; Hofbauer Decl., ¶ 12.b. Petitioners rejoin that ICE has failed to provide sufficient education regarding the virus at Dilley and Berks. See July 2 Cambria Decl., ¶ 10; Fluharty Suppl. Decl., ¶ 4. As to medical care, Petitioners cite many incidents in which FRC detainees allegedly received inadequate care for conditions other than COVID-19. See PI Mot. at 12; ECF No. 78-6 at ECF p. 11 (Letter to Independent Monitor and Independent Medical Expert) at 2–13; Cambria Suppl. Decl., ¶ 13. Petitioners also claim to have documented ICE’s lack of “medical preparedness” for a COVID-19 outbreak. See PI Mot. at 11. ICE’s ability to care for detainees who become seriously ill from the coronavirus is obviously a matter of paramount importance. As of right now, however, the Court must defer to the findings of the Independent Monitor, who reported to Judge Gee that: [w]hile there are isolated complaints that merit further investigation, the descriptions of the medical system for children in these two facilities seems adequate. Medical personnel are present in the facility at all times and advanced practice clinicians (physician assistants or nurse practitioners) during daytime
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hours. Pediatricians hold clinical sessions several days each week and are available on call. Acute or complicated patient needs are addressed through referral to the children’s hospital in San Antonio or a local health facility. The quality of these services, however, could not be addressed given the time and procedural constraints of this assessment, and will be addressed in a future report. Independent Monitor Report at 4–5. Although this tentative report concerned only medical care for children, Petitioners offer no specific reason why the FRCs’ medical capabilities are not roughly equivalent for the adult population. E. Current Situation at FRCs For the moment, ICE’s efforts at preventing COVID-19 outbreaks at the FRCs — whatever one thinks of them — seem to have yielded a moderate, though undeniably fragile, success. In late June, the agency tested every member of the FRC detainee population, see George Suppl. Decl., ¶ 19; Hunt Decl., ¶ 9; Independent Monitor Report at 7, and, as noted, ICE tests every new arrival. No detainee at Berks has tested positive for COVID-19. See George Suppl. Decl., ¶ 19. Until July 20, none had tested positive at Dilley either, see Hunt Decl., ¶ 9; however, Dilley recently had its first positive detainee, a new intake who was quarantined and tested upon arrival and thus appears unlikely to have contracted the disease at the facility. See ECF No. 95 (July 20 Notice of Positive Cases) at 2. The situation is more alarming at Karnes, where by the Court’s count there have been 41 positive detainees. See Hofbauer Decl., ¶ 5; ECF No. 86 (July 12 Notice of Positive Cases); ECF No. 90 (July 15 Notice of Positive Cases); July 20 Notice of Positive Cases. Again though, all but one of those cases have been new intakes whose tests came back positive while the detainees were in their initial 14-day quarantine. See July 20 Notice of Positive Cases (describing detainee whose initial late June test was negative, but who was tested again prior to deportation and tested positive).
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The current status quo at the FRCs thus offers reasonably good news. But, as the country has learned over the past few months, anything related to COVID-19 can change quickly, and there remains significant cause for concern about the FRCs in particular. Although Berks has had no employee positives, Karnes and Dilley have had over a dozen each, and counting. See Hofbauer Decl., ¶ 5; ECF No. 82 (PI Opp.) at 3; July 12 Notice of Positive Cases; July 15 Notice of Positive Cases. And the communities surrounding the FRCs, particularly the Texas counties housing Dilley and Karnes, are currently experiencing significant COVID outbreaks. See Independent Monitor Report at 6–7 (“The recent trends in this regard are worrisome.”).
* * * In sum, it seems fair to say that ICE has taken many steps to prevent the spread of COVID-19 at the three FRCs, including releasing two-thirds of detainees and adopting CDC guidance regarding screening, cohorting, frequent disinfecting, masking, and social distancing. It also seems fair to say that the agency, while likely trending in the right direction, continues to fall short of full compliance with its policies in practice. Those shortcomings, according to Petitioners, remain pronounced. So pronounced, in fact, that Petitioners argue that any continued detention violates their due-process rights under the Fifth Amendment, such that they are entitled to court-ordered release. Whether they are right is what the Court must now decide. II. Legal Standards “[I]njunctive relief” is “an extraordinary remedy that may only be awarded upon a clear showing that the plaintiff is entitled to such relief.” Winter v. Nat. Res. Def. Council, Inc., 555 U.S. 7, 22 (2008). The moving party bears the burden to make the required “clear showing” that the requested relief is warranted. Hospitality Staffing Solutions, LLC v. Reyes, 737 F. Supp. 2d 192, 197 (D.D.C. 2010). “A plaintiff seeking a preliminary injunction must establish [1] that he
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is likely to succeed on the merits, [2] that he is likely to suffer irreparable harm in the absence of preliminary relief, [3] that the balance of equities tips in his favor, and [4] that an injunction is in the public interest.” Winter, 555 U.S. at 20. Where the Government is the defendant, the balance-of-equities and public-interest factors merge. See Pursuing America’s Greatness v. FEC, 831 F.3d 500, 511 (D.C. Cir. 2016). Before the Supreme Court’s decision in Winter, courts weighed the preliminary-injunction factors on a sliding scale, allowing a weak showing on one factor to be overcome by a strong showing on another. See, e.g., Davenport v. Int’l Bhd. of Teamsters, 166 F.3d 356, 360–61 (D.C. Cir. 1999). This Circuit, however, has suggested, without deciding, that Winter should be read to abandon the sliding-scale analysis in favor of requiring courts to “treat the four [here, three] factors as independent requirements.” See Sherley v. Sebelius, 644 F.3d 388, 392–93 (D.C. Cir. 2011). III. Analysis
In light of the disputed facts detailed above, the Court finds it difficult to conclusively determine whether Petitioners have established a likelihood of success on the merits of their claim that the conditions of their confinement at the FRCs violate their due-process rights. The Court, however, concludes that it ultimately need not answer that question, nor decide whether Petitioners will likely be irreparably harmed. Even assuming that they will suffer irreparable constitutional violations in the absence of some relief, they have not met their burden to clearly demonstrate that nothing short of wholesale release — the only remedy Petitioners seek at this point — can redress their injuries.
Where a plaintiff seeks an injunction aimed at redressing unconstitutional conditions of confinement, the court-ordered remedy must be “specifically tailored to address the violations the court has identified.” Women Prisoners of D.C. Dep't of Corr. v. Dist. of Columbia, 93 F.3d
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910, 929 (D.C. Cir. 1996). “[T]he task of the court is to remedy the offending conditions” by “mandating specific corrections of specific problems,” not by immediately adopting a “global remedy.” Inmates of Occoquan v. Barry, 844 F.2d 828, 841 (D.C. Cir. 1988). The “global remedy” of wholesale release from detention, of course, “is the most intrusive measure” the Court could possibly order. See C.G.B., 2020 WL 2935111, at *28.
To secure a preliminary injunction ordering their release, therefore, immigration detainees such as Petitioners must “show that such incursion is necessary to redress the complained-of violations.” Id. (emphasis added). Put differently, Petitioners bear the burden to demonstrate that no remedy short of release will cure their constitutional injuries. Id. Courts in this district and around the country have repeatedly held as much during the COVID-19 pandemic. See Urdaneta v. Keeton, No. 20-654, 2020 WL 2319980, at *12 (D. Ariz. May 11, 2020) (denying release because “Court [was] unable to conclude that there is no set of conditions short of release that would be sufficient to protect Petitioner’s constitutional rights”); Toure v. Hott, No. 20-395, 2020 WL 2092639, at *9 (E.D. Va. Apr. 29, 2020) (“[W]hile Plaintiffs have pled and argued that release is the only remedy that could cure the harm they complain of, they have not shown that to be the case.”); Jones v. Wolf, No. 20-361, 2020 WL 1643857, at *14 (W.D.N.Y. Apr. 2, 2020) (denying habeas relief because “Court [was] not convinced that the unconstitutional conditions at [an ICE detention facility] cannot be remedied through an injunction”); Dawson v. Asher, No. 20-409, 2020 WL 1304557, at *2 (W.D. Wash. Mar. 19, 2020) (“[E]ven if Plaintiffs could show a Fifth Amendment violation, Plaintiffs provide no authority under which such a violation would justify immediate release, as opposed to injunctive relief that would leave Plaintiffs detained while ameliorating any alleged violative conditions within the facility.”); see also United States v. Otunyo, No. 18-251, 2020 WL 2065041, at *13
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(D.D.C. Apr. 28, 2020) (denying release of criminal pretrial detainee because “[u]nconstitutional conditions of confinement can typically be remedied without resorting to the release of a defendant”); Banks v. Booth, No. 20-849, 2020 WL 1914896, at *15 (D.D.C. Apr. 19, 2020) (finding inmate plaintiffs “entitled to . . . injunctive relief” aimed at improving conditions in response to COVID-19, but concluding that “the immediate release of inmates . . . is inappropriate at this time”); Banks v. Booth, No. 20-849, 2020 WL 3303006, at *18 (D.D.C. June 18, 2020) (same).
As an analytical matter, it is not entirely clear where in the preliminary-injunction framework this question of release belongs. Some courts consider it as related to likelihood of success on the merits, others believe it concerns the public interest, and still others apparently conceive of it as a separate remedy question divorced from the four-factor test. See C.G.B., 2020 WL 2953111, at *28 (stating that if “the Court has a less intrusive means of” protecting the plaintiff’s rights, then “the public interest would weigh towards choosing such options”) (emphasis added) (quoting Garnett v. Zeilinger, 313 F. Supp. 3d 147, 160 (D.D.C. 2018)); Dawson, 2020 WL 1304557, at *2 (framing the inquiry as whether plaintiffs were likely to succeed); Toure, 2020 WL 2092639, at *9 (same); Banks, 2020 WL 1914896, at *15 (addressing this question after concluding that all four injunction factors were met). The lack of doctrinal uniformity notwithstanding, the caselaw is clear that to be entitled to an injunction ordering their release, Petitioners must demonstrate that “release is the only remedy that could cure the harm they complain of.” Toure, 2020 WL 2092639, at *9.
This section thus proceeds as follows. It first sets out the standard for conditions-ofconfinement claims and then considers whether current conditions at the FRCs violate Petitioners’ due-process rights. The closeness of that question informs the Court’s inquiry, to
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which this section then turns, into whether release is demonstrably necessary to remedy the alleged violation of Petitioners’ rights.
A. Conditions-of-Confinement Claim Because Petitioners are civil immigration detainees and have not been convicted of any crime, the Due Process Clause “requires that [they] not be punished.” Bell v. Wolfish, 441 U.S. 520, 535 n.16 (1979). “[T]he proper inquiry” when evaluating the constitutionality of conditions of civil detention, therefore, “is whether those conditions amount to punishment of the detainee.” Id. at 535. A detainee can establish unconstitutional punishment in two ways: 1) by showing that “the disability is imposed for the purpose of punishment”; or 2) by showing that the challenged condition is either not “reasonably related to a legitimate goal” or “appears excessive in relation to” that purpose. Id. at 538–39; see also Kingsley v. Hendrickson, 576 U.S. 389, 398 (2015). Petitioners make no claim that ICE detains them with the intent of punishing them. It is well established, moreover, that the Government has a legitimate interest in the enforcement of immigration laws, and that such interest is furthered by detaining certain noncitizens. See Demore v. Kim, 538 U.S. 510, 523 (2003) (“[T]his Court has recognized detention during deportation proceedings as a constitutionally valid aspect of the deportation process.”); C.G.B., 2020 WL 293511, at *23. As the Supreme Court put it in Jennings v. Rodriguez, 138 S. Ct. 830 (2018), “Detention during [immigration] proceedings gives immigration officials time to determine an alien’s status without running the risk of the alien’s either absconding or engaging in criminal activity before a final decision can be made.” Id. at 836. Petitioners’ claims therefore turn on whether their detention in current FRC conditions is either “objectively unreasonable” or “excessive in relation” to those objectives. See C.G.B., 2020 WL 293511, at
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*22 n.31, *23 (citing Kingsley, 576 U.S. at 397–98); Banks, 2020 WL 1914896, at *6; United States v. Moore, No. 18-198, 2019 WL 2569659, at *2 (D.D.C. June 21, 2019).
The Supreme Court has held that civil detainees also have a due-process right to be detained in an environment of “reasonable safety.” See Deshaney v. Winnebago County Dept. of Soc. Servs., 489 U.S. 189, 200 (1989); Youngsberg v. Romeo, 457 U.S. 307, 216 (1982) (“[I]t must be unconstitutional to confine the involuntarily committed . . . in unsafe conditions.”); see also Dawson v. Asher, No. 20-409, 2020 WL 1704324, at *10 (W.D. Wash. Apr. 8, 2020). The Court agrees with Judge Cooper and other federal district judges around the country, however, that the government’s obligation to provide “reasonable safety” does not “require that detention facilities reduce the risk of harm to zero” during the COVID-19 pandemic. See C.G.B., 2020 WL 2935111, at *23 (quoting Benavides v. Gartland, No. 20-46, 2020 WL 1914916, at *5 (S.D. Ga. Apr. 18, 2020)); see also Dawson, 2020 WL 1704324, at *12.
B. Likelihood of Success Applying these principles, whether Petitioners’ conditions of confinement likely violate the Due Process Clause is a close question. Petitioners begin by contending that Judge Gee has already found conditions at the three FRCs to be unsafe, and that such finding should be enough to establish a likely violation of their due-process rights. See PI Mot. at 9–10. The Court is skeptical, however, that Judge Gee’s June 26 order can bear the weight Petitioners place on it. For one thing, that order was based on conditions as of three weeks ago, some of which appear to have changed for the better. Compare Independent Monitor Report at 6 (reporting lack of social distancing during meals at Dilley) with Fluharty Suppl. Decl., ¶ 5 (Petitioners’ declaration stating that as of “June 30, 2020, families [at Dilley] report no longer sharing tables in the dining
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hall and being instructed to move away from each other if congregating in groups to speak outside”).
More significant, although Judge Gee found that ICE’s compliance with its paragraph-12 obligation to provide “safe and sanitary” conditions remained “at issue,” Flores, 2020 WL 3488040, at *2, her release order rested largely on minors’ rights under paragraph 14 of the FSA to release without unnecessary delay. Specifically, Judge Gee appears to have determined that detaining any minors longer than twenty days during the COVID-19 pandemic is “unnecessary” within the meaning of the FSA. She had previously interpreted the term “unnecessary delay” to impose only a presumptive maximum detention time of twenty days. See Flores v. Sessions, 394 F. Supp. 3d 1041, 1070 (C.D. Cal. 2017). And in her most recent order, she did not order the release of all minor detainees, but only those “who have resided at the FRCs for more than 20 days.” Flores, 2020 WL 3488040, at *3. Had Judge Gee’s June 26 order rested mainly on a determination that release was necessary to protect minors from “unsafe conditions” in violation of paragraph 12, she presumably would have extended relief to all detained minors.
In any event, the Court doubts that the FSA’s contractual standard of “safe and sanitary” is equivalent to the constitutional standard of “reasonable safety” under Deshaney. After all, “due process is a ‘flexible’ concept that ‘calls for such protections as the particular situation demands.” C.G.B., 2020 WL 2935111, at *17 (quoting Jennings, 138 S. Ct. at 852). The Court’s “reasonable safety” inquiry, like the “objectively reasonable” inquiry required by Kingsley, therefore also ought to account for the Government’s interest in the claimant’s detention. Id. at *24 (“In sum, due process requires evaluation of conditions of confinement on a sliding scale.”); Kingsley, 576 U.S. at 398–99. No such balancing is called for in holding the Government to its contractual obligation to provide “safe” conditions under the FSA.
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Beyond relying on Judge Gee’s order, Petitioners do not provide a clear benchmark for evaluating whether their detention is excessive or objectively unreasonable in relation to the Government’s legitimate interests. At times, they suggest that “even good compliance with CDC guidance will not likely be sufficient to fully protect minors and their families from Covid-19 while in ICE detention.” PI Mot. at 11 (quoting Independent Monitor Report at 2); PI Reply at 4 (same) (alteration omitted); see also id. at 16 (“[T]his Court cannot put an end to the COVID-19 pandemic or change the fact that the FRCs are congregate detention facilities.”). Elsewhere, though, Petitioners home in on ICE’s alleged “demonstrated inability . . . to implement even the basics of its chosen protective measures.” PI Reply at 2–3. Even there, Petitioners concede that the Constitution does not demand “perfect” compliance with those measures, id. at 2, rendering the key questions ones of degree — legally, how close to perfect compliance must ICE get, and factually, how close have they gotten?
While acknowledging that it might sound like a broken record, the Court finds these questions difficult to answer. At this point, ICE’s performance seems to be somewhere between “room for improvement” and “reasonably successful,” but plenty of daylight — and likely the constitutional line — lies between those two answers. As discussed above, ICE has implemented many COVID-prevention measures, including greatly reducing the detainee population. At Berks and Dilley (the largest of the three FRCs), only one detainee has tested positive, and that detainee was positive upon arrival. See George Suppl. Decl., ¶ 19; Hunt Decl., ¶ 10; July 20 Notice of Positive Cases at 2. At Karnes, there have been positives, but so far only one confirmed case of transmission within the resident population. See Hofbauer Decl., ¶ 5; July 12 Notice of Positive Cases; July 15 Notice of Positive Cases; ECF No. 93 (July 18 Notice of Positive Cases); July 20 Notice of Positive Cases at 1.
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Still, the situation is dynamic and there remain legitimate reasons to worry. COVID cases are spiking in the counties around Karnes and Dilley, see Independent Monitor Report at 6–7, and, unsurprisingly, an escalating number of employees at those FRCs are testing positive. See July 12 Notice of Positive Cases; July 15 Notice of Positive Cases; July 18 Notice of Positive Cases; July 20 Notice of Positive Cases. The Court would indeed be foolish to try to predict future positivity rates. The record, moreover, contains some evidence of noncompliance with established ICE policies. Mask wearing, a crucial measure for decreasing coronavirus transmission, seems to remain inconsistent. See CDC, Considerations for Wearing Cloth Face Coverings, https://www.cdc.gov/coronavirus/2019-ncov/prevent-getting-sick/cloth-face-coverguidance.html (last visited July 21, 2020). And the Fourth of July event at Dilley, while an isolated incident, suggests a troubling lack of concern and judgment among ICE officials when it comes to the risks posed by flouting the CDC’s protocols.
The Court need not dive more deeply into these matters now. At a minimum, Petitioners have not demonstrated an obvious violation of their due-process rights. As explained below, even assuming current conditions do cross the line into unconstitutional territory, Petitioners have failed to make the necessary showing that no remedy short of wholesale release will redress their injuries.
C. Necessity of Release Attempting to demonstrate the necessity of their release, Petitioners first argue that given ICE’s purported “track record of continually deficient actions and apathy toward detainees’ safety,” merely ordering the agency to take remedial steps short of releasing all detainees would qualify as insanity under the apocryphal definition: “doing the same thing over and over yet expect[ing] different results.” PI Reply at 11; see also PI Mot. at 16 (“[O]ne cannot reasonably
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expect [ICE] will adequately implement any alternative remedial order.”). Even assuming ICE has yet to implement a constitutionally satisfactory level of COVID precautions, though, the record evidence does not clearly support a finding that it has been incorrigible. On the contrary, ICE has adopted many prevention policies since March, most of which it seems to have substantially implemented in practice. Aside from the concerning Fourth of July incident, moreover, Petitioners offer no more than general assertions that “[l]ittle has changed” since Judge Gee’s order. See Fluharty Suppl. Decl., ¶ 4 (Dilley); Meza Suppl. Decl., ¶ 9 (“There is no indication of improved safety conditions at Karnes . . . .”). And, as detailed above, Petitioners’ own declarant agrees that the Dilley dining situation has improved. See Fluharty Suppl. Decl., ¶ 5.
At bottom, then, ordering Petitioners’ release now would run contrary to the principle that a “district court should approach issuance of injunctive orders with the usual caution,” and “exercise its discretion if appropriate by giving prison officials time to rectify the situation before issuing an injunction” at all, let alone one ordering blanket release. Farmer v. Brennan, 511 U.S. 825, 846–47 (1994) (citing Bell, 441 U.S. at 562). As the D.C. Circuit has put it, although a district court’s equitable power to redress constitutional injuries is broad, it is only “after local authorities have been found wanting at the remedial stage” that “the [Supreme] Court [has] emphasized the breadth . . . of [that] equitable power” and blessed “the imposition of a farreaching and highly intrusive remedy.” Barry, 844 F.2d at 842 (citing Hutto v. Finney, 437 U.S. 678 (1978)). These precedents, moreover, arose in the context of permanent injunctions based on facts established by admissible evidence. The “far-reaching and highly intrusive remedy” of release is even less appropriate in this posture.
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Petitioners again rely on Flores, arguing that their “request for release mirrors the remedy Judge Gee deemed appropriate for child Petitioners based on the unsafe and deteriorating conditions of confinement” at the FRCs. See PI Reply at 11. Judge Gee, though, did not order release for all minors (as Petitioners suggest) but rather only for those detained longer than twenty days. As discussed above, this suggests that she did not order release solely as a remedy for ICE’s ongoing lack of full compliance with paragraph 12 of the FSA. Instead, in response to the agency’s “uneven[]” implementation of its protocols, she entered exactly the kind of tailored order Petitioners have not sought from this Court — namely, compelling ICE to “urgently implement the protocols recommended by the CDC.” Flores, 2020 WL 3488040, at *2; see also id. at *3 (requiring “more effective” social distancing, enforcement of “masking protocols . . . at all times,” and “greater use of testing . . . for staff, new entrants, and residents”).
Petitioners cite several out-of-circuit cases in which they claim district courts ordered release of ICE detainees in response to COVID-19. See Yanes v. Martin, No. 20-216, 2020 WL 3047515 (D.R.I. June 2, 2020); Zepeda Rivas v. Jennings, No. 20-2731, 2020 WL 2059848 (N.D. Cal. Apr. 29, 2020); Savino v. Sousa, No. 20-10617, 2020 WL 1703844 (D. Mass. Apr. 8, 2020). None of those decisions is apposite, however, because none enjoined ICE to categorically release detainees. Instead, each court held that detainees were entitled to individualized bail determinations during which the court would scrutinize “medical risks, . . . criminal and immigration history, [and] the danger if any to public safety presented by the release of that particular detainee.” Yanes, 2020 WL 3047515, at *6; Zepeda Rivas, 2020 WL 2059848, at *3 (limiting relief to “requiring ICE to provide information and access to detainees to facilitate a process of considering bail requests”); Savino, 2020 WL 1703844, at *1 (stating that Court was “not yet ready to rule on the underlying habeas petition or the motion for a preliminary
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injunction” seeking “release or implementation of social distancing and other hygienic practices”).
Both Flores and the above-cited decisions thus provide examples of narrower remedies that courts have ordered to redress plaintiffs’ allegedly unconstitutional conditions of confinement during the COVID-19 pandemic. Petitioners here could similarly seek an order compelling ICE to undertake specific preventive measures, such as, say, more robust contact tracing or in-house employee testing. Cf. PI Reply at 5 n.4 (suggesting that ICE’s contact tracing is inconsistent in practice); Tr. of PI Hearing (July 13, 2020) at 6:17-19 (noting that FRC employees are not tested by their employer but instead must seek tests offsite). Petitioners could also pursue the equivalent of bail hearings by bringing individual rather than quasi-class claims, seeking release based on their individual circumstances, including, if applicable, high-COVIDrisk medical conditions. Cf. Fraihat, 2020 WL 1932570, at *20. Because Petitioners have not clearly shown that narrower remedies such as these would not rectify the due-process violations they allege, the Court concludes that they are not, at this juncture, entitled to an injunction ordering their release. This is not to say that a further erosion of safety standards at the FRCs or a substantial additional spread of the virus there might not subsequently lead the Court to conclude that the balance tips in Petitioners’ favor. At this point, however, it does not.
The Court acknowledges that, in light of Judge Gee’s order, at least some Petitioners now face the heart-rending choice between handing over their children, in some cases to potentially unsuitable guardians, and keeping them in the FRCs to face an unknown virus risk. That is a painful dilemma for any parent. Petitioners, though, have not argued that being put to that choice somehow represents an independent violation of their constitutional rights. Instead, they contend that the prospect of separating from their children should be analyzed as irreparable
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harm. See PI Reply at 8. Yet, as explained above, a showing of irreparable harm here is insufficient to garner relief. Because Petitioners have not clearly shown that only release can redress the asserted violation of their due-process rights, the Court must deny their Motion. IV. Conclusion
Petitioners, fearful as we all are of contracting a novel and dangerous disease, understandably swing for the fences in seeking wholesale release. Those fences are high and hard to clear, however, as Petitioners must demonstrate that no court-ordered remedy other than their release will do. Courts in this district have adhered to that requirement during the COVID19 pandemic. See C.G.B., 2020 WL 293511, at *23; Otunyo, 2020 WL 2065041, at *13; Banks, 2020 WL 1914896, at *15; Banks, 2020 WL 3303006, at *18. The Court today adheres as well. It will therefore issue a contemporaneous Order denying Petitioners’ Motion for a Preliminary Injunction.

Date: July 22, 2020

/s/ James E. Boasberg JAMES E. BOASBERG United States District Judge

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 Case 1:20-cv-00786-JEB Document 153 Filed 12/10/20 Page 1 of 13

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

O.M.G., et al., Petitioners, v.
CHAD WOLF, et al., Respondents.

Civil Action No. 20-786 (JEB)

MEMORANDUM OPINION Petitioners are minors and adults detained in three family residential centers (FRCs) — communal immigration-detention facilities in Texas and Pennsylvania that exclusively house migrant families seeking asylum in the United States. As the spread of the pandemic throughout this year has made clear, individuals residing in such congregate settings — e.g., nursing homes or prisons — face a greater risk than the general population of contracting COVID-19, particularly when proper health protocols are not in place. Concerned about the conditions of their confinement, Petitioners brought this mandamus Petition under the Constitution and the Administrative Procedure Act, asking the Court to mandate improved safety protocols or, in the alternative, to release them. At earlier stages of the litigation, in addressing motions for preliminary relief, the Court ordered the Government to implement better virus-prevention procedures in the FRCs but denied the request for release. Now pending is the Government’s request for dismissal of all claims, which the Court will grant in part and deny in part.

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I. Background The Court has previously set forth the underlying facts of the case and assumes the
reader’s familiarity with that prior Opinion. O.M.G. v. Wolf, No. 20-786, 2020 WL 4201635 (D.D.C. July 22, 2020). Whereas that decision addressed some post-Petition updates to the conditions at the facilities, in this Opinion, the Court will focus its attention on Petitioners’ original pleading and treat all facts within it as true. See Sparrow v. United Air Lines, Inc., 216 F.3d 1111, 1113 (D.C. Cir. 2000).
In brief, Petitioners are over 200 noncitizen parents and minor children who are, at least as of March of this year, detained in three FRCs. See ECF No. 1 (Pet.) at 2; O.M.G., 2020 WL 4201635, at *1. The three centers are located in Leesport, Pennsylvania, and in Dilley and Karnes City, Texas, id., and are managed by U.S. Immigrations and Customs Enforcement, the component of the U.S. Department of Homeland Security that oversees the civil detention of immigrants. See U.S. Immigr. and Customs Enf’t, Detention Management (Nov. 13, 2020), https://bit.ly/37PiH2t. On March 21, 2020 — shortly after the World Health Organization declared COVID-19 a pandemic and as American cities first began to shut down — Petitioners filed this action against Chad Wolf, acting Secretary of DHS, and William Barr, Attorney General of the United States. They challenge their conditions of confinement and contend that their continued detention, without ICE’s implementation of and compliance with better health policies, violates their due-process rights and is arbitrary and capricious. See Pet. at 38–39. In addition, Petitioners ask this Court to find the Government in violation of a longstanding consent decree known as the Flores Settlement Agreement (FSA), which provides certain rights to minors detained at FRCs. Id. at 39–40.
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Simultaneous to filing for mandamus, Petitioners sought a Temporary Restraining Order, asking the Court to compel ICE to implement COVID-19 safety protocols at the FRCs or, if such changes were not possible, to release them. See ECF No. 4-1 (TRO Mot.) at 1, 28. That same month, the Court granted in part and denied in part the Motion, requiring ICE to install procedures consistent with CDC guidance for congregate detention facilities but declining to order Petitioners’ release. See Min. Order (Mar. 30, 2020). In July 2020, Petitioners then sought a preliminary injunction focusing solely on their release, see ECF No. 78 (PI Mot.), which the Court denied. O.M.G., 2020 WL 4201635, at *1. Since then, Petitioners have added three families to the lawsuit, see Min. Order (09/16/2020), and Respondents have continued to submit updates on the facilities, including notices of positive cases. E.g., ECF Nos. 142–51.
During the Court’s ongoing monitoring of the TRO, in May 2020, Respondents moved for dismissal of all claims. See ECF No. 58-1 (MTD). After resolving Petitioners’ emergent motions, the Court asked the Government whether it would like to modify or withdraw its Motion to Dismiss, in light of the PI Opinion and subsequent developments on the ground at the FRCs. See Min. Order (Sept. 16, 2020). Respondents declined, thereby choosing to proceed with their Motion as filed. See ECF No. 136 at 1. Petitioners, for their part, did not ask this Court for leave to amend their Petition. Id. Although amendment by both sides to better reflect current circumstances seems the wiser course, given that the facts and arguments at issue are somewhat outdated, the Court nonetheless addresses Respondents’ Motion as filed. II. Legal Standard
Federal Rule of Civil Procedure 12(b)(6) provides for the dismissal of an action where a complaint fails “to state a claim upon which relief can be granted.” In evaluating Respondents’ Motion to Dismiss, the Court must “treat the complaint’s factual allegations as true . . . and must
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grant plaintiff ‘the benefit of all inferences that can be derived from the facts alleged.’” Sparrow, 216 F.3d at 1113 (quoting Schuler v. United States, 617 F.2d 605, 608 (D.C. Cir. 1979)); see also Jerome Stevens Pharms., Inc. v. FDA, 402 F.3d 1249, 1250 (D.C. Cir. 2005). The pleading rules are “not meant to impose a great burden upon a plaintiff.” Dura Pharms., Inc. v. Broudo, 544 U.S. 336, 347 (2005).
Although “detailed factual allegations” are not necessary to withstand a Rule 12(b)(6) motion, Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555 (2007), “a complaint must contain sufficient factual matter, accepted as true, to ‘state a claim to relief that is plausible on its face.’” Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (quoting Twombly, 550 U.S. at 570). The Court need not accept as true, then, “a legal conclusion couched as a factual allegation,” nor an inference unsupported by the facts set forth in the complaint. Trudeau v. FTC, 456 F.3d 178, 193 (D.C. Cir. 2006) (quoting Papasan v. Allain, 478 U.S. 265, 286 (1986)). For a plaintiff’s complaint to survive a 12(b)(6) motion even if “recovery is very remote and unlikely,” Twombly, 550 U.S. at 556 (quoting Scheuer v. Rhodes, 416 U.S. 232, 236 (1974)), the facts alleged “must be enough to raise a right to relief above the speculative level.” Id. at 555. In resolving Respondents’ Motion, the Court may consider only the factual allegations set forth in the Petition, any documents attached to or incorporated therein, and matters subject to judicial notice. EEOC v. St. Francis Xavier Parochial Sch., 117 F.3d 621, 624 (D.C. Cir. 1997).
The standard to survive a motion to dismiss under Rule 12(b)(1) is less forgiving. Under this part of the Rule, a plaintiff must show that the Court has subject-matter jurisdiction to hear his claim. Lujan v. Defs. of Wildlife, 504 U.S. 555, 561 (1992); U.S. Ecology, Inc. v. U.S. Dep’t of Interior, 231 F.3d 20, 24 (D.C. Cir. 2000). A court also has “an affirmative obligation to ensure that it is acting within the scope of its jurisdictional authority.” Grand Lodge of Fraternal
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Order of Police v. Ashcroft, 185 F. Supp. 2d 9, 13 (D.D.C. 2001). For this reason, a “‘[p]laintiff’s factual allegations in the complaint . . . will bear closer scrutiny in resolving a 12(b)(1) motion’ than in resolving a 12(b)(6) motion for failure to state a claim.” Id. at 13–14 (alterations in original) (quoting 5A Charles A. Wright & Arthur R. Miller, Federal Practice and Procedure § 1350 (2d ed. 1987)). Additionally, unlike with a motion to dismiss under Rule 12(b)(6), the Court “may consider materials outside the pleadings in deciding whether to grant a motion to dismiss for lack of jurisdiction.” Jerome Stevens, 402 F.3d at 1253; see also Herbert v. Nat’l Acad. of Scis., 974 F.2d 192, 197 (D.C. Cir. 1992). III. Analysis
Respondents ask this Court to dismiss all counts, contending that Petitioners fail to state a due-process or APA claim, and that the Court lacks jurisdiction over the latter, as well as over the FSA, mandamus, and declaratory-judgment counts. As the Court has already addressed aspects of Petitioners’ contentions at various points of the litigation, it will rely on that prior heavy lifting to now more briefly assess their claims’ viability. Finding Respondents’ arguments persuasive on certain counts, the Court will grant their Motion as to all but due process and FSA.
A. Due Process Seeking more protective COVID-19 protocols or their release, Petitioners first maintain that the conditions of their confinement violate the Due Process Clause of the Fifth Amendment. See Pet. at 38, 42. Addressing Respondents’ request for dismissal requires little work, as the Court has already granted some relief based on its determination of a likelihood of success on the merits of this count. Merely clearing the pleading bar for Rule 12(b)(6) purposes is an even easier task. In granting the TRO, the Court relied on the Due Process Clause in requiring the Government to “provide to FRC detainees CDC-compliant protocols and protections for
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congregate settings in civil-detention facilities.” Min. Order (3/30/2020). Such relief would not have been possible had Petitioners failed to even state a claim.
Although Respondents acknowledge that relief, in requesting dismissal they maintain that Petitioners’ “true claim is that any confinement of families at the FRCs during the COVID-19 pandemic violates the Constitution.” MTD at 10. While Petitioners did bring a preliminaryinjunction motion focused on release and no doubt agree with this legal proposition, see PI Mot. at 1, the Court’s focus here should not be on that motion’s remedy requests, but rather on whether Petitioners have sufficiently alleged facts that constitute a due-process violation. As noted above, they plainly have. In any event, their original Petition also requests less drastic remedies than release. See Pet. at 41–42 (requesting, as alternatives to release, declaratory relief and orders to implement CDC protocols).
Even were the Court to take judicial notice of the parties’ submissions regarding updated conditions at the FRCs between the filing of the Petition in March and the Motion to Dismiss in May, as Respondents ask this Court to do, it would conclude that Petitioners have stated a claim. As the Court explained in its preliminary-injunction Opinion in July — when it considered conditions at the FRCs months after it had ordered the Government to implement better virusprevention procedures — “[W]hether Petitioners’ conditions of confinement likely violate the Due Process Clause [at this time] is a close question.” O.M.G., 2020 WL 4201635, at *10. While the Court ultimately determined that wholesale release was not warranted on the record existing at that stage of the litigation, its analysis necessarily relied on a determination that Petitioners had stated a claim. Id. at *10–11. Dismissal is thus inappropriate.
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B. Administrative Procedure Act Petitioners next allege that the Court should find Respondents’ alleged “failure to act in a timely manner to protect [detained migrant families]” and their “continued refusal to establish and implement policies and procedures designed to prevent the transmission of COVID-19” arbitrary and capricious. See Pet. at 38–39; see also 5 U.S.C. § 706(2)(A). Even assuming that the exhaustion of administrative remedies is not required for the Court to review Petitioners’ claim, see ECF No. 60 (Opp.) at 23, it concludes that dismissal is warranted because Petitioners have not identified any final agency action. See MTD at 20–21. The APA provides for judicial review of all “final agency action[s] for which there is no other adequate remedy in a court,” 5 U.S.C. § 704, except when “statutes preclude judicial review,” or the “agency action is committed to agency discretion by law.” Id. § 701(a). The “final agency action” requirement is jurisdictional, DRG Funding Corp. v. Sec’y of Housing & Urban Dev., 76 F.3d 1212, 1214 (D.C. Cir. 1996) (“If the agency action is not final, the court therefore cannot reach the merits of the dispute.”), and comprises two inquiries. Nat’l Ass’n of Home Builders v. Norton, 415 F.3d 8, 13 (D.C. Cir. 2005). First, there must be an “agency action,” which is defined in the APA to “include[] the whole or a part of an agency rule, order, license, sanction, relief, or the equivalent or denial thereof, or failure to act.” 5 U.S.C. § 551(13). Second, that action must be “final,” meaning it must both “mark the consummation of the agency’s decisionmaking process” rather than “be of a merely tentative or interlocutory nature,” and it must “be one by which rights or obligations have been determined or from which legal consequences will flow.” U.S. Army Corps of Engineers v. Hawkes Co., 136 S. Ct. 1807, 1813 (2016) (quoting Bennett v. Spear, 520 U.S. 154, 177–78 (1997)).
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While section 706(1) of the APA is the more typical source of failure-to-act claims, as it provides for review of actions unlawfully withheld, Norton v. S. Utah. Wilderness Alliance, 542 U.S. 55, 64 (2004), here Petitioners rely solely on section 706(2), which permits a party to seek relief for arbitrary and capricious actions. Even assuming that a failure to act can be arbitrary and capricious, All. to Save Mattaponi v. U.S. Army Corps of Engineers, 515 F. Supp. 2d 1, 9– 10 (D.D.C. 2007) (holding it can), the inaction alleged in this case lacks the necessary hallmarks of finality. Courts take a pragmatic approach to the finality inquiry, Hawkes Co., 136 S. Ct. at 1815, and have found claims subject to judicial review under section 706(2) when, for example, one agency’s decision not to veto a permit granted by another agency effectively constituted final approval. All. to Save Mattaponi, 515 F. Supp. 2d at 10 (finding inaction “final, notwithstanding the fact that the agency ‘did’ nothing”). Here, however, Petitioners plead no facts to indicate that Respondents’ “failure to act” in the initial weeks of the pandemic to create safer conditions — while unfortunate and ill-advised — represents the “consummation of the agency’s decisionmaking process,” rather than simply the government’s provisional position, or somehow determines their “legal rights or obligations.” Hawkes Co., 136 S. Ct. at 1813 (quoting Bennett, 520 U.S. at 177–78). Nor does merely claiming that agency inaction is “final,” as Petitioners do, make it so. See Pet. at 39.
Separately, Respondents interpret the Petition to plead a distinct request for judicial review of the Government’s specific parole determinations for detained families. See MTD at 22. To the extent Petitioners plead such a claim, the Court agrees that it lacks jurisdiction because discrete parole determinations are discretionary. See Damus v. Nielsen, 313 F. Supp. 3d 317, 327 (D.D.C. 2018) (finding same); see also 5 U.S.C. § 701(a)(2) (prohibiting judicial review under APA of “agency action[s] . . . committed to agency discretion by law”); 8 U.S.C.
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§ 1252(a)(2)(B)(ii) (“[N]o court shall have jurisdiction to review . . . any other decision or action . . . the authority for which is specified . . . to be in the discretion of the Attorney General or the Secretary of Homeland Security.”). Indeed, in their Petition, Petitioners acknowledge the discretionary nature of parole determinations. E.g., Pet. at 34 (“Section 212(d)(5)(A) of the Immigration and Nationality Act permits the Attorney General, at his or her discretion to ‘parole’ any noncitizen into the United States . . . .”); id. at 34–35 (describing regulations as vesting Attorney General and DHS Secretary with discretion to parole or release detainees).
Petitioners’ APA claim thus proceeds no further. C. FSA A subset of Petitioners — specifically, all minors — asks this Court to enforce the FSA, a longstanding consent decree that guarantees certain rights to juveniles detained in immigration facilities. See Pet. at 39–40, 42; see also Opp. at 25–26. Under that agreement, minors must be held “in facilities that are safe and sanitary,” ECF No. 1-18 (FSA), ¶ 12.A, and the Government must “release a minor from its custody without unnecessary delay” once it “determines that the detention of the minor is not required either to secure his or her timely appearance [in immigration proceedings], or to ensure the minor’s safety or that of others.” Id., ¶ 14. Here, minor Petitioners ask this Court to declare that their custody does not comply with the FSA’s requirements and to enforce the Government’s obligations under that agreement. See Pet. at 39– 40, 42; see also Opp. at 26. In advocating for dismissal, Respondents maintain that only the U.S. District Court for the Central District of California — which supervised the entry of and continues to oversee compliance with the consent decree — has jurisdiction to entertain this claim. See MTD at 24–26; Reply at 11–14. The Court disagrees.
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While the FSA guarantees that minors can seek its enforcement in the Central District of California, see FSA, ¶¶ 35, 37, it also holds open a narrow window for review by other federal courts. Specifically, it provides that minors “may seek judicial review in any United States District Court with jurisdiction and venue over the matter to challenge [a] placement determination or to allege noncompliance with the standards set forth in Exhibit 1.” Id., ¶ 24.B. Exhibit 1, in turn, is entitled the “Minimum Standards for Licensed Programs,” and it mandates, among other requirements, that detention facilities provide “suitable living conditions” as well as “[a]ppropriate routine medical and dental care . . . and emergency health care services.” Id. at Ex. 1, ¶¶ A.1–2. Some of Petitioners’ allegations here fall outside the scope of this review — e.g., noncompliance with release-determination and bond-hearing requirements provided for by the FSA outside the four corners of Exhibit 1. See Pet. at 39–40. But the consent decree itself allows for review of alleged violations of living conditions and medical-care standards (as addressed in Exhibit 1). The FSA thus permits the Court’s involvement.
The parties’ agreement, of course, cannot confer jurisdiction if it is otherwise lacking. Even if the Court were without federal-question jurisdiction to enforce the agreement as a standalone matter, compare Shaffer v. Veneman, 325 F.3d 370, 373 (D.C. Cir. 2003) (finding district court lacked subject-matter jurisdiction to enforce settlement agreement where United States was a party), with EOHC v. Sec’y United States Dep’t of Homeland Sec., 950 F.3d 177, 193 (3d Cir. 2020) (finding federal-question jurisdiction to enforce FSA in Eastern District of Pennsylvania), it could exercise its supplemental jurisdiction to hear the claim. See 28 U.S.C. § 1367(a). Jurisdiction, then, provides no basis for dismissal of the Exhibit 1-based portions of the claim.
As the case proceeds, however, Petitioners should bear in mind that prudential concerns weigh against the Court’s grant of FSA-based relief, as Judge Dolly M. Gee of the Central
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District of California is actively overseeing the Government’s compliance with the FSA and has already granted minor Petitioners the very relief they seek in this lawsuit. In June 2020, she ordered the release to a suitable sponsor of all juveniles who had been detained for longer than 20 days. Flores v. Barr, No. 85-4544, 2020 WL 3488040, at *3 (C.D. Cal. June 26, 2020), modified, 2020 WL 6804512 (C.D. Cal. Nov. 12, 2020). She also ordered ICE to “enforce its existing COVID-19 protocols,” including those for social distancing, masking, and enhanced testing. Id. While this Court can likely offer no more, it will not dismiss the count at this juncture.
D. Writ of Mandamus Petitioners next argue that they are entitled to a writ of mandamus ordering better conditions in the facilities or their release. See Pet. at 40–41. Mandamus relief is “drastic” and available “only in extraordinary situations.” In re Cheney, 406 F.3d 723, 729 (D.C. Cir. 2005) (en banc) (citation omitted). To establish mandamus jurisdiction, Petitioners must demonstrate that: (1) they have “a clear right to relief,” (2) Respondents have “a clear duty to act,” and (3) they have “no other adequate remedy available,” either judicial or administrative. Power v. Barnhart, 292 F.3d 781, 784 (D.C. Cir. 2002) (citations omitted); Ganem v. Heckler, 746 F.2d 844, 852 (D.C. Cir. 1984). These three requirements are jurisdictional, and even when met, “a court may grant relief only when it finds ‘compelling . . . equitable grounds.’” In re Medicare Reimbursement Litigation, 414 F.3d 7, 10 (D.C. Cir. 2005) (quoting 13th Reg’l Corp. v. U.S. Dep’t of Interior, 654 F.2d 758, 760 (D.C. Cir. 1980)). “The party seeking mandamus has the burden of showing that its right to issuance of the writ is clear and indisputable.” Power, 292 F.3d at 784 (internal quotations and citation omitted).
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Respondents posit that this claim should be dismissed for lack of subject-matter jurisdiction, see MTD at 26–28, and the Court agrees. First, to the extent that Petitioners seek release, the Court has previously explained why under the Fifth Amendment, they have no clear right to relief. O.M.G., 2020 WL 4201635, at *11–13. As to their request for the Government to “implement all protocols designed to prevent the transmission of COVID-19,” Pet. at 42; Opp. at 27, the Court has already issued relief and thus Petitioners have an adequate remedy. See Min. Order (Mar. 30, 2020) (requiring, inter alia, provision of “CDC-compliant protocols and protections for congregate settings in civil-detention facilities”). As to the minors, Judge Gee’s FSA-based order requiring release and better protocols demonstrates that they, too, have an adequate remedy that has been implemented. Flores, 2020 WL 3488040, at *3. Mandamus jurisdiction therefore does not lie.
E. Declaratory Judgment Petitioners’ final count is entitled “Declaratory Judgment Act.” See Pet. at 41. They seek a declaration that Respondents “have no basis to refuse to implement adequate protocols to prevent the transmission of COVID-19” and ask this Court to order them “to immediately release [Petitioners] and all detainees to protect them from the dangers of COVID-19 transmission.” Id. The Declaratory Judgment Act, 28 U.S.C. §§ 2201–02, permits federal courts to “declare the rights and other legal relations of any interested party seeking such declaration.” Id. § 2201(a). The Act does not, however, provide an independent cause of action or a separate basis for jurisdiction; it only authorizes a form of relief. See Ali v. Rumsfeld, 649 F.3d 762, 778 (D.C. Cir. 2011); see also, e.g., Smirnov v. Clinton, 806 F. Supp. 2d 1, 11 (D.D.C. 2011) (“The Declaratory Judgment Act . . . is not ‘an independent source of federal jurisdiction’[;] . . . [r]ather, the statute merely creates a remedy in cases otherwise within the Court's jurisdiction.”)
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(quoting C & E Servs., Inc. of Wash. v. D.C. Water & Sewer Auth., 310 F.3d 197, 201 (D.C. Cir. 2002)). To the extent that Petitioners assert a cause of action for a “declaratory judgment,” then, it is dismissed. They may, however, continue to seek declaratory relief for the remaining causes of action that survive dismissal. IV. Conclusion
The Court, accordingly, will grant in part and deny in part Respondents’ Motion to Dismiss. A separate Order so stating will issue this day.

Date: December 10, 2020

/s/ James E. Boasberg JAMES E. BOASBERG United States District Judge

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