La Migra's policy of non-resuscitation

This piece which is still being confirmed as this story is written is about a possible national policy of genocidal muder in the prisons run by and contracted out by the the Bureau of Immigration and Customs Enforcement (formerly the INS, also known as La Migra), now a part of the Department of Homeland Security. Research is needed to see if this is a national policy, and action is needed to stop it.

http://www.yorkdispatch.com/Stories/0,1413,138~10021~1821704,00.html

Warden takes on the feds

Challenges alleged order not to revive the dying

By WENDI HIMMELRIGHT Dispatch/Sunday News

The warden of the York County Prison, one of the largest immigrant
detention centers on the East Coast, said federal officials told him last
month not to medically resuscitate any detainee for any reason.

A spokesman for the U.S. Immigration and Customs Enforcement, a bureau of
the Department of Homeland Security, said there apparently has been a
misunderstanding.

However, Warden Tom Hogan said he definitely did not misunderstand a
verbal directive given during an inspection of the prison. He said he then
asked for a waiver from the bureau's alleged "do-not-resuscitate" policy.

Hogan told the county's prison oversight board yesterday about his meeting
with an inspector who he said told him not to resuscitate any federal
detainee by using CPR in any case, such as a heart attacks or massive
injury.

The warden said those instructions differ from federal detention
standards, and he then told federal officials to put it in writing.

The 1,950-bed county prison usually houses 500 to 750 federal detainees,
and Hogan said resuscitation is rarely necessary.

But, he said, the county's policy is to resuscitate everybody unless the
person has a living will stating otherwise.

Disputed conversation: The bureau sets standards for facilities housing
federal detainees and inspects them for compliance.

During last month's inspection, Hogan said, an inspector told him the
county's policy conflicts with the federal government's desire.

He would not identify the inspector, but the inspector's name will appear
on a written report from the federal government summarizing the inspection
results that will be sent to the county.

Bureau spokesman Lance Payne said the conversation Hogan relayed yesterday
won't be in that report, because either the inspector misspoke or Hogan
misunderstood.

"When you have a discussion after an inspection ... it's really not
binding. It's just an explanation of circumstances that were found," Payne
said.

"It's a courtesy to the facility, what generally is going to appear in the
report," he added. "But the inspectors have to go by the written
standards."

Mike Gilhooly, deputy press secretary for the bureau's eastern division,
said the final report will reflect that the county's standards are fine.

"We find the county's policy meets the intent of our detention standards,
and we don't find they're in conflict," Gilhooly said.

Advocate outraged: Local immigrant advocate Kathleen Lucas was outraged by
Hogan's account. "You don't discriminate by withholding life-saving
services because someone is not a citizen. ... That's absolute crap."

Lucas is executive director of the Coalition for Immigrants' Rights at the
Community Level.

County solicitor David Craun said he does not know when the written report
by inspectors will be complete. He said the county will continue to
practice resuscitation because "it's the right thing to do. ... Prisoners
do have rights. And, thus, the right thing to do is respect those rights."

Lucas said she doesn't think the warden misunderstood, and she thinks the
inspector knew exactly what he was saying.

He just won't be willing to put it writing, she predicted.

"Of course I believe the warden. Why would he lie?" Lucas said.

She sent a nationwide e-mail out yesterday to see if any other advocates
have heard of similar verbal directives at other detention facilities.

The standards: The government's detention standards posted on the Internet
say the "decision to withhold resuscitative services shall be considered"
under the following conditions:

The detainee has requested or strongly endorsed the decision. Or if the
detainee is unconscious or otherwise unable or incompetent to participate
in the decision, the staff has attempted to obtain the written concurrent
of an immediate family member.

The detainee is diagnosed with a terminal illness or terminal injury.

A do-not-resuscitate order is consistent with sound medical practice and
not associated with assisting suicide, euthanasia, or hastening death.

Hogan said even those rules are "irrelevant."

He said detainees "have no idea" what a living will is, and trying to
reach family members would be almost impossible.

And regardless of what is written down, Hogan said he stands by his
allegation that he was told not to resuscitate any detainees.

Lucas said she is relieved the county is refusing to comply.

"I'm delighted the county is doing the right thing," Lucas said. "You
can't just say 'I'm not going to help you because you're a foreigner.'"

Reach Wendi Himmelright at whimmelright [at] yorkdispatch.com