by Matthew Russell Lee, Patreon Book Substack
SDNY COURTHOUSE, Aug 26 – There are a number of immigration-related habeas corpus proceedings pending in the U.S. District Court for the Southern District of New York these days. But on August 26 SDNY Judge Valerie E. Caproni held a hearing on one that she called unique. Inner City Press was there to the end, from the thread:
OK - now ICE case of Vasquez Salgado v. Francis, Judge Caproni has docketed a question: "explain in detail why the Jackson Parish Correctional Facility is the only facility in the US appropriate for Petitioner's detention."
Judge: Did ICE surrender custody at the emergency room? US lawyer: Once she was transported from the ambulance to the other facility, ICE just walked away. There is no retainer in place but ICE has asked to be notified, to re-take custody
Petitioner's lawyer: ICE still has her phone and purse, all of her possessions. Judge: That doesn't mean she is in custody. Petitioner's lawyer: This hospital is not a long term facility. They are intending to release her back into ICE custody
Judge: So you think they will release after two weeks, when Medicaid stops paying - a week from today - Labor Day weekend. We're playing doctor here. You have no idea who well they are stabilizing her? Petitioner's lawyer: I've had 3 calls with her
Judge: The Government has told me the plaintiff is qualified by ICE as high risk. Why? US lawyer: Based on criminal history. She has a criminal history. Judge: She has several arrests, but she's not Sammy Gravano. There's no attempted murder or rape
Petitioner's lawyer: There is a Class E non-violent felony charged. Judge: So how does ICE classify here at high risk? US lawyer: Criminal possession of a weapons, obstruction of breathing - Judge: Woah. Slow down. US lawyer: Assault in the 2d degree, firearm
Judge: The Court wants ICE to make sure their classification as high risk is important. This defendant appears to have some psychiatric needs. US lawyer: ICE is no longer holding that bed space in Louisiana. So she'd have to be assessed again.
US lawyer: The only facility we can use in this District is the Orange County jail. Judge: What is ICE doing with detainees like this one with obvious psychiatric problems - I mean, she is involuntarily committed. US lawyer: Batavia in Buffalo was able to...
Judge: Gender affirming care. Gender dyshoria Petitioner's lawyer: She takes injections. Judge: I was told that Clinton County could not accommodate her medical needs - just a pill and an injection. How is that possible? US lawyer: Injections could be difficult
Judge: I got reports also about the MDC, Elizabeth, New Jersey and Moshannon [Inner City Press covered Rep Summer Lee's being blocked from there yesterday - thread will continue
AUSA Waterman: ICE will not place a biological male in a female prison.
AUSA Waterman: There is a facility in Florida that I believe can address these issues. On the other, Louisiana has more capabiliity, more bed. Orange County has only 80 bed, maybe now 115
Judge: Here's the thing. Right now the US has a bit of breathing room in this case - she has some health issues, and some gender affirming issues. The petitioner is making a motion for her to be released on bail. I understand, 26 Federal Plaza is not long term. Judge: You ought to come up with a better idea. If not, this will be a high priority for me once it's fully briefed on September 17. At 26 Federal Plaza is seems she had a psychological break
Judge: ICE needs to understand that every hill is not worth dying over. Petitioner's lawyer: It seems they want to put her in solitary. There are other options. Judge: If ICE had a bed in a woman's facility it might be different, release might be denied.
More on X for Subscribers here and Substack here
The case is Vasquez Salgado v. Francis, et al., 1:25-cv-6524 (Caproni)
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