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HIV-Positive Mexicans Detained by U.S. Allege Neglect

Olga Arellano sobs as she recalls how her HIV-positive transgender daughter spent two months succumbing to infections in a U.S. migrant detention center, complaining that she didn't see a doctor or get the right medicine.


Olga Arellano sobs as she recalls how her HIV-positive daughter spent two months succumbing to infections in a U.S. migrant detention center, complaining that she didn't see a doctor or get the right medicine.

Fellow inmates also begged for help after Victoria Arellano started vomiting blood in their holding cell, where her lawyer said 105 detainees were crammed onto bunks and mattresses in a space designed for 40.

She died three days later, chained to a hospital bed.

The death of the 23-year-old transgender Mexican immigrant is at the forefront of discussions at this week's international AIDS conference in Mexico City. Rights activists say it shows the failure of immigration officials to deal humanely with HIV-positive inmates among the 30,000 migrants held in detention centers across the United States.

New York City–based Human Rights Watch surveyed detention center officials and inmates after Arellano's death and found 14 cases in which it said HIV-infected immigrants were not given proper care while in custody of U.S. Immigration and Customs Enforcement.

Presented with details of the allegations by the Arellano family and the rights group, ICE spokesman Brandon A. Alvarez-Montgomery told the Associated Press that he couldn't comment since Arellano is suing the agency. When Human Rights Watch first presented its report in December, ICE spokeswoman Virginia Kice said ''ensuring the welfare and safety of those in our custody is one of our top priorities.''

Activists say many HIV-infected migrants in U.S. detention centers are not given their medicine regularly, which is crucial to their survival. People with HIV can live otherwise healthy lives if they take a strict regimen of specific medications each day and closely monitor their blood cells to be sure their immune systems are working.

That's difficult to do for people being deported, particularly in overcrowded detention centers. When the regimen is interrupted, the virus rebounds and the immune system crashes.

The family's lawyer, Steven Archer, says Arellano never got proper medical attention after she was stopped for drunk driving and handed over to immigration officials in June 2007.

''They never gave her any of the proper medications for her AIDS diagnosis. They did give her a prescription for a urinary tract infection, but even then, they filled her prescription with the wrong strength, and they never diagnosed the meningitis, even though she had been complaining about headaches, sweats, and generalized pain for weeks. That is what killed her in the end,'' Archer said. ''It was so advanced that it involved her brain, her liver, her lungs, her heart, and a couple of other organs. She died in terrible pain.''

ICE spends nearly $100 million annually on medical services for its detainees, including dental, chronic, and mental health care. A June 11 report on deaths in ICE custody by the Homeland Security Department's internal watchdog found that ICE's overall standards have equaled those of other detention agencies.

Since ICE was formed in 2003, 71 people out of 1.5 million have died in the agency's custody. Officials also note that such deaths have declined to seven last year even as the detainee population grew. But the watchdog report recommended that the ICE do more to improve oversight and screening procedures and to fill clinical staff shortages at detention facilities.

Human Rights Watch says detention centers do not collect essential information to monitor HIV cases. It also accuses ICE of failing to complete antiretroviral regimens consistently, failing to prescribe prophylactic medications to prevent infections and failing to ensure continuity of care when HIV-infected detainees transfer facilities.

Still, some HIV-positive Mexicans complain that they don't get proper care until after they are deported.

Victor Manuel Serrato, 43, was deported in May after living 24 years in California. He said he told U.S. immigration officials when he was detained that he is HIV-positive. ''I told them I needed my medicine, but they didn't give me anything,'' he said.

Interviewed by the AP at a shelter in Tijuana, he said he missed out on nearly a week of taking the drugs he needs to keep his immune system from weakening, until his mother brought medication to the shelter in Mexico.

In Victoria Arellano's case, her mother was powerless to help.

''She told me after a month in detention that she still hadn't seen a doctor,'' Arellano said. ''I told her I could send her more medicine, but she said they would not give it to her. They were mostly giving her Tylenol.''

Other inmates at the San Pedro facility outside Los Angeles yelled ''Hospital! Hospital!'' when Victoria started vomiting blood, Arellano said. At one point, a guard came in and turned her head toward him with his boot so as not to touch her, fellow inmates told Arellano.

When Victoria's fever spiked and she could no longer go to the bathroom alone, a fellow inmate phoned her mother.

''He told me that Victoria wasn't eating and was urinating blood, but that the officials still were not paying her any mind,'' Arellano said. ''He told me: 'Get outside help, but try not to worry. We'll take care of your daughter.'''

A U.S. immigration officer soon called saying Victoria was hospitalized and gravely ill. Arellano spent three days by her side.

''Her foot was chained to the bed and when she tried to turn over, it would hurt her,'' Arellano said. ''That made it twice as hard. It was so humiliating. No human should have to live their last days like that.''

Arellano said she pleaded with the immigration guard to remove the chain. It was finally taken off minutes before she died.

Scientists and immigration experts are discussing the challenge of dealing with HIV in an increasingly mobile world at the conference, the first in Latin America, attended by 25,000 people. (AP)

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Reader Comments
  • Name: Robert
    Date posted: 8/6/2008 8:26:00 PM
    Hometown: Atlanta

    Comment:

    xavier why would he be a racist?? What "race" is he against?? Sounds to me like he doesnt like Illegal immigration. Im not a Xenophone at all, just think everyone who comes here should do it leagally, I couldnt go to England or Spain Illegally and expected to be treated like a citizen. And so sorry but Mexico does have a caste system, you are extremely mistaken. Also Mexico is responsible for its own people, its governement should do more to help instead of lining their own pockets...Spend more on education, health care, etc..

  • Name: xavier chapa
    Date posted: 8/6/2008 6:07:00 PM
    Hometown: Hamburg, Germany

    Comment:

    See Robert I would classify Eric from Phoenix as a racist. You are merely a xenophobe ;-)

  • Name: xavier chapa
    Date posted: 8/6/2008 6:01:00 PM
    Hometown: Hamburg, Germany

    Comment:

    Do you really wish it were different Robert? I seriously doubt that! If you did, you wouldn't be here spewing your simplistic action/reaction BS. Instead you'd be outraged that something like this even occurred. You'd be furious that millions of wasted dollars are being spent on a pointless wall along the Mexican border when that money could be applied more constructively (i.e. not letting people bleed to death in detention facilities). Perhaps, if you just educated yourself a smidgen on Mexico, you'd also discover that a) they don't have a caste system and b) The US is quite responsible for displacing many Mexicans from their jobs in Mexico (read more about NAFTA). But, learning the root of problems might be too much to ask from you. I suppose it's easier to succumb to the "oh well, they deserve what they get for breaking the law" attitude.

  • Name: Eric
    Date posted: 8/6/2008 4:51:00 PM
    Hometown: Phoenix, AZ

    Comment:

    Jeffrey, If she had been white or European she wouldnt have been in a detention center to begin with. If you dont want to be thrown into a prison cell then dont break the law. Come on down to AZ sometime to see just what the reality is for those of us who are at the forefront of the illeagal invasion from Mexico. Parts of this city now resemble a Third World slum.

  • Name: Jeffrey
    Date posted: 8/6/2008 3:48:00 PM
    Hometown: Albany NY

    Comment:

    I really don't see how one can blame the victim. Lets be real, if this person were white and European, I doubt that she would be literally chained to her death bed. My concern is how callous Americans have become to this type of brutality at the hands of our government. Yes, she was here illegally, but I don't think that this level of brutality is necessary in a "civilized" society and I would like to think that we are still a civilized society despite the idiots we have running the country.

  • Name: Robert
    Date posted: 8/6/2008 3:12:00 PM
    Hometown: Atlanta

    Comment:

    Xavier my point wasnt to justify inhumane treated, I have said all long it was tragic and sad. I was talking about actions create reactions. Why is that so hard to understand. Again if she wasnt her Illegally it would have never happened, thats my point. Why was the room so overcrowded, because there were so many Illegals, regardless of where they came from they should not be here. Regardless if corporations exploit them nor this reason or that, they made the choice to break the law. Yes it sucks but thats the reality. I wish it were different but its not, maybe one day. But we live in this world as it is now and make choices accordingly. Along those lines, if I were in a muslim country and it was illegal to be gay I would keep my mouth shut and try my best to get teh Hell out of there. Yes again it sucks, but thats the reality... Peace...

  • Name: Xavier Chapa
    Date posted: 8/6/2008 1:19:00 PM
    Hometown: Hamburg, Germany

    Comment:

    Robert I never mentioned race either...only YOU have! I merely posed a question if you felt the same treatment should apply to Canadians, Europeans, and Australians? Your point still doesn't justify inhumane treatment. Abuse should not be justified in this way. According to your logic, then gays should be abused in Muslim countries for breaking their laws, right?

  • Name: Robert
    Date posted: 8/6/2008 12:52:00 PM
    Hometown: Atlanta

    Comment:

    Of course not xavier chapa, your choosing to ignore the fact that this didnt have to happen...Yes its sad, but she shouldnt have been here and it would have never happened... Why is that so hard to understand??? Wow sensitive much to brown poor people? Never NEVER was that mentioned, or thought about...dont be stupid. Illegal is Illegal, you should be contacting the Mexican government to complain about their conditions in the first palce that caused her to be poor... Stop looking for a racist slant in my comments...im not. Never did I mention her race...which by the way to be technical Mexican is not a race....

  • Name: xavier chapa
    Date posted: 8/6/2008 12:01:00 PM
    Hometown: Hamburg, Germany

    Comment:

    So because someone chooses to come to the US illegally, now it's justifiable to treat them inhumanely?!?!?!..is that your point Robert? Does that also apply to illegal Canadians, Europeans, Australians or only brown poor people? If you read the article you'd see that Mexico didn't chain her to a bed crowded with 140 other detainees in a room meant for only 40 people. That was the US fault!!!!

  • Name: Robert
    Date posted: 8/6/2008 8:47:00 AM
    Hometown: Atlanta

    Comment:

    Wow... A lot of people live in a dream world were they think things are one way (perhaps even the way they should be, but there not). Its sad again very SAD, however actions bring about consequences and we all have to be prepared for that. If she had not been here ILLEGALLY then this would not have happend. Its not our fault, she made the choice. If you want to blame anyone again blame MEXICO their corrupt government and cast system caused this. I cant understand why people dont see this, they just want to blame the US. Again its SAD, horrible, etc...not trying to diminish the tragedy but get real people!!!!



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