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Irwin County Detention Center

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Coordinates: 31°34′47″N 83°15′19″W / 31.579605°N 83.255403°W / 31.579605; -83.255403
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Irwin County Georgia where the Irwin County Detention Center is located.

The Irwin County Detention Center, located in Ocilla, Georgia, is privately owned by Louisiana-based LaSalle Corrections.[1] In 2010, U.S. Immigration and Customs Enforcement (ICE) contracted to use the facility as an immigrant detention center.[2] ICE last renewed its contract with LaSalle in 2019. The contract stated that ICE’s rate for each immigrant was $71.29 a day.[3] The detention center lost its contract with the government after a series of allegations in 2020. At least 43 women prisoners and a whistleblower nurse came forward alleging non-consensual surgeries and medically unnecessary procedures, including hysterectomies, were performed by a gynecologist affiliated with the jail.[4][5][6][7][8][9] The women also complained of retaliation and subpar COVID-19 treatment. On December 22, 2020, forty migrant women being held at the Irwin County Detention Center immigration detention center filed a lawsuit alleging abuse and unnecessary forced medical procedures, including the hysterectomies.[10] The on-going court case, Oldaker v. Giles and an investigation conducted by the US Senate have led to the subsequent termination of the US government's contract with the detention center.[11][12]

Allegations

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Previous Allegations

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Concerns about the Irwin County Detention Center (IDC) had been raised before the highly publicized allegations of 2020. A 2016 report to a Department of Homeland Security committee indicated that there was a failure to provide sufficient medical care to immigrant detainees.[13] In 2017, Project South, an Atlanta-based grassroots organization, and Penn State published a report on the conditions at two Georgia immigration centers: Stewart Detention Center and Irwin County Detention Center. The report highlighted issues detainees faced such as overcrowded housing, unhygienic living conditions, and lack of legal access.[14] Concerns were brought to the media’s attention in 2019 when famous rapper 21 Savage, a British national, was detained in the Irwin Detention Center for a week. ICE renewed its contract with LaSalle in 2019 paying $71.29 per immigrant daily. The average number of immigrants at Irwin during 2019 was 848 making their average income $2.9 million a week. Despite the money sent to Irwin the healthcare continued to be poor leading to further allegations in 2020.[13]

Dr. Mahendra Amin, the gynecologist who was accused in 2020 of being the “uterus collector” also had a “history of medical malpractice suits filed against him.”[15] This included fraudulent Medicaid claims. This dispute was settled by a payment of over half a million dollars. This was paid for by Amin and eight fellow doctors at Irwin County Hospital.[16]

Allegations of 2020

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On September 14th, 2020, Dawn Wooten represented by Project South, Georgia Detention Watch, the Georgia Latino Alliance for Human Rights, and the South Georgia Immigrant Support Network filed a whistleblower complaint against Irwin County Detention Center. Dawn Wooten is a licensed nurse who worked at the Irwin County Detention Center.[17]

Irwin County Hospital where immigrant detainees were taken off site to be treated.

The reports focused extensively on the detention center's failure to comply with the appropriate COVID-19 protocol. This included the lack of quarantine for new arrivals, little to no treatment for the detainees with symptoms, and fabricated medical records.[18][19]

Another complaint was the violation of informed consent as outlined in the ICE National Detention Standards.   It was reported that there was the frequent use of google translate or other inmates to provide translation about medical procedures leading to miscommunications, including women receiving hysterectomies.[18] The report stated that women were receiving these hysterectomies without their knowledge. Whistleblower Dawn Wooten would even label Dr. Mahendra Amin as the “Uterus Collector."[20] The title of “uterus collector” and nonconsensual reproductive procedures led this event to be widely publicized.[21] While there were only three pages regarding these gynecological procedures in the initial report, these allegations were the most widely publicized.[19]

Throughout these events Dr. Amin has maintained his innocence with his lawyer stating, “that Dr. Amin always acted appropriately with patients, obtained informed consent, and used translators/interpreters whenever necessary."[21]

Such hysterectomies were not an isolated incident in the History of America.[20] The United States has a long history of practicing eugenics. Early racial pseudoscience led to the development of eugenics between the 1920s and 1950s. During this early understanding of genetics, scientists thought they could destroy the genes that led to disability, racial inferiority, homosexuality, or any condition that was considered inferior at the time. This was achieved through the sterilization of people who were thought to pass down these "undesirable" genes. Historically, this has been targeted at black and brown women and was continued up until the 21st century.[22][23]

Female detainees had actively tried to advocate for themselves, even creating a Youtube video about their experiences.[24] Attempts to report the abuse led to punishment, including solitary confinement, transfer of unit, and even physical assault.[25] Hunger strikes were met with rationed food, stolen money, and restricted technology use.[22]

Aftermath

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Oldaker v. Giles

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On December 21st, 2020 the National Immigration Project of the National Lawyers Guild (NIPNLG), David Dryer, Esq., Project South as well as law school clinics from Harvard, University of Georgia, Columbia, Texas A&M, and Boston University filed litigation for fourteen women who had been detained in ICDC. The case included more than forty testimonies from women detailing medical abuses happening at ICDC.[26][27]

The court case included a filing that resulted in the release of custody for the women involved in the case. On January 22, 2021, all of the women from the case were released from the Irwin County Detention Center. Although released to their families, they were still under the supervision of ICE.[27][28]

In response to the case, and ongoing advocacy work, the Biden Administration announced severance with the Irwin Detention Center in May of 2021. All detainees were relocated to other facilities by September 3rd, 2021. The severance was legally enforced on October 7th, 2021 with the official termination of ICE’s contract with the Irwin County Detention Center.[27]

Under supplemental jurisdiction, the Federal Court can handle state claims related to the case even if those claims fall outside the court’s usual authority. However, in this case, the federal court chose not to exercise this power, leading to the dismissal of all defendants besides the United States. The plaintiff's counsel is proceeding with the case, asserting that the 2020 medical abuse claims from the ICDC fall under the Federal Tort Claims Act.[29]

U.S. Senate Permanent Subcommittee on Investigations

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The United States Senate’s Permanent Subcommittee on Investigations, released a 103-page report after it investigated the Irwin Detention Center.[30] It was released two years after the 2020 allegations on November 15, 2022.[31] Senator Jon Ossoff and Senator Ron Johnson led this 18-month bipartisan investigation. Throughout the inquiry, Dr. Amin fervently denied the allegations and refused to appear before the committee. However, the investigation discovered a “history of medical malpractice suits filed against him.” While Dr. Amin only treated 6.5% of ICDC detainees, he performed 94% of the laparoscopies.[31] The committee concluded that the women at the detention center, “appear to have been subjected to excessive, invasive, and often unnecessary gynecological procedures.”[30] However, the allegation spread across news headlines that Dr. Amin performed unrequired hysterectomies was found false stating, “The Subcommittee found this allegation to be false, and ICE determined that the two hysterectomies Dr. Amin performed on ICDC detainees appeared to be medically necessary.”[30]

Karina Cisneros Preciado's November 2022 testimony before the subcommittee was widely published.  Preciado had been separated from her newborn child when she was placed in ICDC. While there, her postpartum care was delayed despite experiencing pain. She was eventually taken off-site to Dr. Amin where she received an unexplained vaginal ultrasound despite being told she was being taken for a pap smear. The result of the visit was a Depo-Provera shot for a supposed ovarian cyst. She was informed that if the shot failed, she would need to undergo surgery. Such a surgery was prevented as allegations of abuse surfaced before her return.[32]

Defamation Lawsuit

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Dr. Amin filed a defamation lawsuit that is set to be heard in April of 2025. He is suing NBCUniversal Media for claiming that he performed, “massed hysterectomies” and Wondery for labelling him as a “uterus collector.” He is suing them for a combined total of $45 million.[33]

Dawn Wooten

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Dawn Wooten, now known as the ICE whistleblower, had seen the COVID violations and became more alarmed as women began to describe experiences of uninformed sterility. In 2020, Wooten reported these issues to her supervisors, leading to her demotion to an on-call position. Following the demotion, she was not called to fulfill any further shifts at the center, and although she was never formally terminated, she was effectively side-lined. Wooten struggled to secure further employment due to her publicity, which affected her and her family.[34][35]

Wooten would eventually be represented by Project South and the Government Accountability Project when she made the whistleblower complaints in 2020. She would continue to advocate for her patients calling for congressional action. For her advocacy Wooten has won many awards including the 2021 Joe Callaway Award for Civic Courage, the Feleta Wilson Award, the 2022 Physicians for Human Rights Award, and the 2022 HMH Foundation First Amendment Award. The Giraffe Heroes Project named her as the Giraffe Hero and she was also portrayed in the Americans Who Tell Truth Portrait series.[35]

See also

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References

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  1. ^ Clarke, Matthew (February 15, 2013). "LaSalle Corrections: A Family-Run Prison Firm". Prison Legal News. Archived from the original on November 17, 2020. Retrieved November 12, 2020.
  2. ^ Ghandakly, Elizabeth C; Fabi, Rachel (2021). "Sterilization in US Immigration and Customs Enforcement's (ICE's) Detention: Ethical Failures and Systemic Injustice". American Journal of Public Health. 111 (5): 832–834. doi:10.2105/AJPH.2021.306186. PMC 8034024. PMID 33826372.
  3. ^ Hernández, César Cuauhtémoc García (2024-01-30). Welcome the Wretched: In Defense of the "Criminal Alien". The New Press. ISBN 978-1-62097-830-6.
  4. ^ Gabbatt, Adam (November 21, 2020). "'He hurt me': migrants who accused Ice gynecologist of abuse speak out". The Guardian. Archived from the original on April 13, 2022. Retrieved April 13, 2022.
  5. ^ Alvarez, Priscilla (September 16, 2020). "Whistleblower alleges high rate of hysterectomies and medical neglect at ICE facility". CNN. Archived from the original on September 19, 2020. Retrieved September 19, 2020.
  6. ^ Olivares, José; Washington, John (September 15, 2020). "'He Just Empties You All Out': Whistleblower Reports High Number of Hysterectomies at Ice Detention Facility". The Intercept. Archived from the original on September 17, 2020. Retrieved September 17, 2020.
  7. ^ Olivares, José; Washington, John (September 14, 2020). "'A Silent Pandemic': Nurse at Ice Facility Blows the Whistle on Coronavirus Dangers". The Intercept. Archived from the original on September 17, 2020. Retrieved September 17, 2020.
  8. ^ Lambe, Jerry (September 14, 2020). "'Like an Experimental Concentration Camp': Whistleblower Complaint Alleges Mass Hysterectomies at ICE Detention Center". Law & Crime. Archived from the original on September 17, 2020. Retrieved September 17, 2020.
  9. ^ O'Toole, Molly (October 22, 2020). "19 women allege medical abuse in Georgia immigration detention". Los Angeles Times. Archived from the original on 2020-10-24. Retrieved 2020-10-24.
  10. ^ Castronuovo, Celine (December 22, 2020). "Migrant women file lawsuit against doctor for alleged forced medical procedures". The Hill. Retrieved December 22, 2020.
  11. ^ "Oldaker v. Giles – Clinic represents survivors of alleged medical abuse suffered while in ICE custody – First Amendment Clinic". firstamendment.law.uga.edu. Retrieved 2024-10-26.
  12. ^ Sacchetti, Maria (May 20, 2021). "ICE to stop detaining immigrants at two county jails under federal investigation". The Washington Post. Archived from the original on 5 April 2022. Retrieved 12 April 2022.
  13. ^ a b Hernández, César Cuauhtémoc García (2024-01-30). Welcome the Wretched: In Defense of the "Criminal Alien". The New Press. ISBN 978-1-62097-830-6.
  14. ^ "Imprisoned Justice: Inside Two Georgia Immigrant Detention Centers" (PDF). Project South.
  15. ^ "Oldaker v. Giles – Clinic represents survivors of alleged medical abuse suffered while in ICE custody – First Amendment Clinic". firstamendment.law.uga.edu. Retrieved 2024-10-26.
  16. ^ Lenzer, Jeanne (2020). ""Mass hysterectomies" were carried out on migrants in US detention centre, claims whistleblower". BMJ: British Medical Journal. 370: 1–2. ISSN 0959-8138. JSTOR 27239068.
  17. ^ Bhatt, Priyanka; Quigley, Katie; Shahshahani, Azadeh; Starfield, Gina; Kitano, Ayano (September 2021). "Violence and Violation: Medical Abuse of Immigrants Detained at the Irwin Country Detention Center" (PDF). Project South.
  18. ^ a b Ghandakly, Elizabeth C; Fabi, Rachel (2021). "Sterilization in US Immigration and Customs Enforcement's (ICE's) Detention: Ethical Failures and Systemic Injustice". American Journal of Public Health. 111 (5): 832–834. doi:10.2105/AJPH.2021.306186. PMC 8034024. PMID 33826372.
  19. ^ a b Jennings, Helen (Fall 2021). ""He's the Uterus Collector": The Reproductive Rights of Women in Ice Detention; An Opportunity to Protect the Constitutional Rights of Federal Detainees in Privately Run Facilities". Georgetown Journal of Gender and the Law. 23 (1) – via Gale Academic Onefile.
  20. ^ a b Herrera, Alexandria (2024). "Chapter 4: The Uterus Collectors: The Lineage of Hemispheric Medical Abuse and Experimentation in the United States and Guatemala". Resistance and Abolition in the Borderlands. University of Arizona Press. doi:10.1353/book.119911. ISBN 978-0-8165-5233-7.
  21. ^ a b O'Toole, Molly (22 October 2020). "19 Women Allege Medical Abuse in Georgia Immigration Detention". LA Times. Retrieved 26 October 2024.
  22. ^ a b Torres, Lizet Palomera (September 2023). "A Vicious Cycle: United States' Failure to Protect Immigrant Women's Reproductive Rights at the Irwin County Detention Center". Golden Gate University Law Review. 53 (2) – via Gale Academic Onefile.
  23. ^ Spickard, Paul; Beltran, Francisco; Hooton, Laura (2023). Almost All Aliens: Immigration, Race, and Colonialism in American History and Identity (2nd ed.). New York and London: Routledge. pp. 235–243. ISBN 978-1-138-01770-2.
  24. ^ Rachel Taber (2020-04-13). Women at Irwin County Detention Center in GA Fight for Their Lives Against COVID19 4/13/2020. Retrieved 2024-11-29 – via YouTube.
  25. ^ Lenzer, Jeanne (2020). ""Mass hysterectomies" were carried out on migrants in US detention centre, claims whistleblower". BMJ: British Medical Journal. 370: 1–2. ISSN 0959-8138. JSTOR 27239068.
  26. ^ "Oldaker v. Giles | NIPNLG". nipnlg.org. 2023-03-05. Retrieved 2024-11-29.
  27. ^ a b c "Oldaker v. Giles – Clinic represents survivors of alleged medical abuse suffered while in ICE custody – First Amendment Clinic". firstamendment.law.uga.edu. Retrieved 2024-10-26.
  28. ^ Redmon, Jeremy (September 4, 2021). "All ICE detainees moved out of South Georgia jail". Atlanta Journal-Constitution. Archived from the original on January 22, 2022. Retrieved January 22, 2022.
  29. ^ "Oldaker v. Giles – Clinic represents survivors of alleged medical abuse suffered while in ICE custody – First Amendment Clinic". firstamendment.law.uga.edu. Retrieved 2024-10-26.
  30. ^ a b c Aguilera, Jasmine (2022-11-16). "Senate Committee Finds Medical Abuse of Detained Women at Georgia ICE Facility". TIME. Retrieved 2024-10-23.
  31. ^ a b "Oldaker v. Giles – Clinic represents survivors of alleged medical abuse suffered while in ICE custody – First Amendment Clinic". firstamendment.law.uga.edu. Retrieved 2024-10-26.
  32. ^ Mukherjee, Elora; Marouf, Fatma; Ardalan, Sabrineh (2024). "Congress's Untapped Authority to Certify U Visas". Columbia Law Review. 124 (2): 43–66. ISSN 0010-1958. JSTOR 27305118.
  33. ^ Pearson, Emily Wu (2024-08-01). "Doctor accused of abuse at defunct Georgia detention center seeks $45 million for defamation". WABE. Retrieved 2024-10-23.
  34. ^ Bryant, Miranda (2022-10-17). "'I'm back on food stamps': Nurse who exposed 'uterus collector' still faces consequences". The Guardian. ISSN 0261-3077. Retrieved 2024-11-29.
  35. ^ a b "Nurse Dawn Wooten". Government Accountability Project. 2022-10-04. Retrieved 2024-10-26.
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31°34′47″N 83°15′19″W / 31.579605°N 83.255403°W / 31.579605; -83.255403


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