by Judicial Watch | judicialwatch.org

Judicial Watch announced today that it has filed two lawsuits against the U.S. Department Homeland Security (DHS) for failure to respond to its requests for public records under the Freedom of Information Act (FOIA).  The documents relate to the nature of health services and birth control services prescribed and/or provided to female and transgender detainees of U.S. Immigration and Customs Enforcement (ICE) based on revised detention standards published by ICE in 2011 (Judicial Watch v. United States Department of Homeland Security (No. 12-cv-0215 and No. 12-cv-0216)).

As stated in the ICE document Performance-Based National Detention Standards 2011, “upon request, appropriately trained medical personnel within their scope of practice shall provide detainees with non-directive (impartial) advice and consultation about family planning and birth control, and where medically appropriate, prescribe and dispense birth control.”  The revised standards also specify conditions under which “ICE will assume the costs associated with a female detainee’s decision to terminate a pregnancy” in the case of rape or incest.

With regard to transgender detainees, the document notes that those “already receiving hormone therapy when taken into ICE custody shall have continued access to” and shall be provided with “transgender-related health care and medication based on medical need.”

On September 24, 2012, Judicial Watch sent a FOIA request to ICE, which is part of the DHS, seeking access to the following:

• Any and all records pertaining to family planning or birth control services provided to detainees in ICE’s custody.

• Any and all records pertaining to the termination of pregnancies by female persons in ICE’s custody, including records concerning transportation arranged for or provided to detainees for the purpose of receiving abortion services and any and all records regarding costs associated with such services.

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