Guatemalan Yazmin Juarez is suing the the Department of Homeland Security, (DHS) and Immigration and Customs Enforcement (ICE) for $60 million for the wrongful death of her 19-month-old infant who died six weeks after being released from an immigration facility in Texas, CNN reported. According to Juarez, the facility in Dilley provided sub-par medical care for her daughter who attracted a respiratory infection while at the facility.
"The US government had a duty to provide this little girl with safe, sanitary living conditions and proper medical care but they failed to do that resulting in tragic consequences," attorney R. Stanton Jones said in a statement. "Mariee entered Dilley a healthy baby girl and 20 days later was discharged a gravely ill child with a life-threatening respiratory infection. Mariee died just months before her 2nd birthday because ICE and others charged with her medical care neglected to provide the most basic standard of care as her condition rapidly deteriorated and her mother Yazmin pleaded for help."
Juarez's attorney said the two were released once it was clear the infant was sick.
"After it became clear that Mariee was gravely ill, ICE simply discharged mother and daughter," Jones said. "Yazmin immediately sought medical care for her baby, but it was too late."
The mother-daughter-duo were taken into custody after they used the Rio Grande to illegally cross into the United States.
Here's the timeline of events, as CNN described:
• March 11 (six days after they arrive at the Dilley facility) Juarez seeks medical treatment for her daughter. The infant was prescribed medication that allegedly did not work.
• The two were released six weeks later. Juarez took her daughter to New Jersey, where her mother lives.
• The infant was taken to the Children's Hospital of Philadelphia where she had respiratory failure. She remained in the hospital for six weeks until May 10 when she died.
The Customs and Border Protection declined to comment because of pending litigation. They did, however, provide the following statement to CNN:
"However, lack of comment should not be construed as agreement or stipulation with any of the allegations," CBP said in a statement. "In DHS's homeland security mission, our trained law enforcement professionals adhere to the department's mission, uphold our laws while continuing to provide our nation with safety and security.
U.S. Immigration and Customs Enforcement defended their attention to medical issues.
"ICE is committed to ensuring the welfare of all those in the agency's custody, including providing access to necessary and appropriate medical care," spokeswoman Jennifer Elzea said. "... Staffing includes registered nurses and licensed practical nurses, licensed mental health providers, mid-level providers that include a physician's assistant and nurse practitioner, a physician, dental care and access to 24-hour emergency care."
Juarez's lawyer filed a notice of claim against the city of Eloy, Arizona, which was the prime contractor for the federal government in operating the Dilley facility. The claim sought $40 million for wrongful death. It's unclear if that's an additional $40 million or part of the $60 million suit against DHS.
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