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VIII. Conclusion

 Anna F., 61-years-old and without the medicine needed to prevent PCP; Gloria M., an AIDS counselor and mother of two; Nargis R., wife of a US citizen, detained for two years after serving 69 days for writing bad checks; Antonio O., a Legal Permanent Resident and x-ray technician;  Jean P., fleeing violence and persecution in Haiti. These are the people caught in the net of an aggressive US immigration policy that detains, then neglects, persons with HIV/AIDS.

ICE remains responsible for the health and welfare of the 30,000 immigrants in its custody, but the medical care described by detainees with HIV/AIDS could not meet any appropriate, required standard of medical care. Under what standard of care would the following be considered acceptable: delivery of the proper dosage of life-saving medications to Peter R. only 65 percent of the time; failure to prevent opportunistic infections that can be deadly to AIDS patients such as Anna F.; failure to appropriately monitor Jean P. for a condition that left him blind in one eye.

It is clear that the medical care provided by ICE does not meet the “equivalence” standard set by national correctional health experts, nor does it meet the recommended standards under international law for compliance with human rights and best medical practice. Following a review of detainee medical records, an independent medical expert found numerous instances of key medical services falling below the community standard of care. In four cases, detainees were notified and advised to obtain supplemental medical care and testing if possible.

The medical treatment of immigration detainees with HIV/AIDS clearly puts their rights to health, dignity and in some cases, right to life, at risk. Without delay, the detention standards must be upgraded and issued as formal administrative regulations, open to public notice and comment. Monitoring and oversight must improve, or people with HIV/AIDS will continue to needlessly suffer, and even to die, in immigration detention.