Update: U.S. Customs and Border Patrol have moved an undocumented pregnant woman they have detained to the agency's facility in Irondequoit, immigration advocates said Thursday, but lawyers had yet to be given access to speak with her. A boarder patrol spokesperson had no update on her status.
Local immigration lawyers and advocates say they have been refused access to a pregnant young mother of two being detained by U.S. Customs and Border Protection.
The woman was detained Tuesday night but taken to Rochester General Hospital because of concern she was experiencing pregnancy complications, officials said.
Why agents detained the woman, her current medical condition and other details were not immediately available. An undocumented immigrant facing deportation has a right to legal counsel but access in the non-removal context can be limited. She is undocumented, according to CBP, but the agency's investigation is paused because of medical treatment. Officer safety is a factor, a spokesperson said, but legal representation is afforded during processing.
The woman remained hospitalized at the time of this report, and the team of immigration advocates said they were ordered off the hospital grounds. The ongoing situation is drawing outcry from immigration advocates across the community.
“They didn't allow the legal team to be able to talk to her and get access to this information about her legal rights, and that's what really is concerning to us,” said Irene Sanchez, executive director of the WNY Coalition of Farmworker Serving Agencies.
The standoff occurred at the hospital. And it was a Border Patrol agent who allegedly told hospital officials the woman was not allowed to speak with a lawyer — or have any visitors, according to officials with the nonprofit immigration advocacy and legal defense agencies who responded.
The situation unfolding at RGH comes amid a nationwide crackdown on illegal immigration. That has primarily focused on people with criminal histories or charges but WXXI News reported last week on an apparent random sweep by Immigration and Customs Enforcement agents in northeast Rochester.
“We have a legal team here ... and they deny us access,” Sanchez said. “We have a group of individuals ready to help her with family preparedness documents, and they denied access.”
Lawyers were ready with paperwork so the woman could designate a trusted caregiver. But Sanchez said that hospital officials instead told the team that they were notifying Child Protective Services.
The hospital released the following statement:
“Rochester Regional Health (RRH) is committed to providing high-quality patient care and complies with all privacy regulations which prevent us from answering questions about patients seeking care in our facilities.
“Due to the nature of healthcare, our teams regularly interact with law enforcement. Our existing policy guides these interactions and requires us to verify legal authority before disclosing any information or facilitating access. Our primary focus is always on the health and care of our patients.”
This is a developing story. Check back for updates.
