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Venezuelan man with AIDS dies in ICE custody

Pablo Sánchez Gotopo passed away at Miss. hospital on Oct. 1

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Pablo Sanchez Gotopo, who was living with HIV/AIDS, died in U.S. Immigration and Customs Enforcement custody in Mississippi on Oct. 1, 2021. (Courtesy photo)

A Venezuelan man with AIDS died in U.S. Immigration and Customs Enforcement custody on Oct. 1.

An ICE press release notes Pablo Sánchez Gotopo, 40, died at Merit Health River Oaks in Flowood, Miss., which is a suburb of Jackson, the state capital. The press release notes the “preliminary cause of death was from complications with acute respiratory failure, Acquired Immune Deficiency Syndrome (AIDS), pneumonia, acute kidney failure, anemia and COVID-19.”

ICE said U.S. Border Patrol took Sánchez into custody near Del Rio, Texas, on May 17. He arrived at the Adams County Detention Center in Natchez, Miss., four days later.

“Upon arrival to an ICE facility, all detainees are medically screened and administered a COVID-19 test by ICE Health Service Corps (IHSC) personnel,” said ICE in its press release. “Sánchez’s test results came back negative.”

The press release notes Sánchez on July 28 received another COVID-19 test after he “began showing symptoms of COVID-19.” ICE said he tested negative, but Adams County Detention Center personnel transferred him to a Natchez hospital “for additional advanced medical care.”

ICE Enforcement and Removal Operations staff in its New Orleans Field Office, according to the press release, “coordinated with hospital staff to arrange family visitation” after Sánchez’s “health condition deteriorated.” Sánchez was transferred to Merit Health River Oaks on Sept. 25.

“ICE is firmly committed to the health and welfare of all those in its custody and is undertaking a comprehensive agency-wide review of this incident, as it does in all such cases,” says the press release.

Venezuela’s political and economic crises have prompted more than 10,000 people with HIV to leave the country, according to the New York-based Aid for AIDS International.

Activists and health care service providers in Venezuela with whom the Washington Blade has spoken in recent years have said people with HIV/AIDS in the country have died because of a lack of antiretroviral drugs. Andrés Cardona, director of Fundación Ancla, a group in the Colombian city of Medellín that works with migrants and other vulnerable groups, told the Blade last month that many Venezuelans with HIV would have died if they hadn’t come to Colombia.

The Blade has not been able to verify a Venezuelan activist’s claim that Sánchez was gay. It is also not known why Sánchez decided to leave Venezuela and travel to the U.S.

ICE detainee with HIV described Miss. detention center as ‘not safe’

Activists and members of Congress continue to demand ICE release people with HIV/AIDS in their custody amid reports they don’t have adequate access to medications and other necessary medical treatment.

Two trans women with HIV—Victoria Arellano from Mexico and Roxsana Hernández from Honduras—died in ICE custody in 2007 and 2018 respectively. Johana “Joa” Medina Leon, a trans woman with HIV who fled El Salvador, died in 2019, three days after ICE released her from a privately-run detention center.

The Blade in July 2020 interviewed a person with HIV who was in ICE custody at the Adams County Detention Center. The detainee said there was no social distancing at the privately-run facility and personnel were not doing enough to prevent COVID-19 from spreading.

“It’s not safe,” they told the Blade.

The entrance to the Adams County Detention Center in Natchez, Miss. (Washington Blade photo by Michael K. Lavers)

Elisabeth Grant-Gibson, a Natchez resident who supports ICE detainees and their families, on Wednesday told the Blade that she was able to visit the Adams County Detention Center and other ICE facilities in the Miss Lou Region of Mississippi and Louisiana from November 2019 until the suspension of in-person visitation in March 2020 because of the pandemic.

“Medical neglect and refusal of medical care has always been an issue in the detention center at Adams County,” said Grant-Gibson. “After the facilities were closed to public visitation, those problems increased.”

Grant-Gibson told the Blade she “worked with a number of families and received phone calls from a number of detainees, and I was told again and again that detainees were being refused the opportunity to visit the infirmary.”

“When they did visit the infirmary, they were given virtually no treatment for the issues they were presenting with,” said Grant-Gibson.

ICE in its press release that announced Sánchez’s death said fatalities among its detainees, “statistically, are exceedingly rare and occur at a fraction of the national average for the U.S. detained population.” ICE also noted it spends more than $315 million a year “on the spectrum of healthcare services provided to detainees.”

“ICE’s Health Service Corps (IHSC) ensures the provision of necessary medical care services as required by ICE Performance-Based National Detention Standards and based on the medical needs of the detainee,” notes the ICE press release. “Comprehensive medical care is provided from the moment detainees arrive and throughout the entirety of their stay. All ICE detainees receive medical, dental, and mental health intake screening within 12 hours of arriving at each detention facility, a full health assessment within 14 days of entering ICE custody or arrival at a facility, and access to daily sick call and 24-hour emergency care.”

An ICE spokesperson on Wednesday pointed the Blade to its Performance-Based Detention Standards from 2011, which includes policies for the treatment of detainees with HIV/AIDS.

A detainee “may request HIV testing at any time during detention” and ICE detention centers “shall develop a written plan to ensure the highest degree of confidentiality regarding HIV status and medical condition.” The policy also states that “staff training must emphasize the need for confidentiality, and procedures must be in place to limit access to health records to only authorized individuals and only when necessary.”

“The accurate diagnosis and medical management of HIV infection among detainees shall be promoted,” reads the policy. “An HIV diagnosis may be made only by a licensed health care provider, based on a medical history, current clinical evaluation of signs and symptoms and laboratory studies.”

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The White House

WNBA players back petition for White House to ‘prioritize’ Brittney Griner’s release

Phoenix Mercury center detained in Russia in February

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Russian state TV has released a photo of WNBA star Brittney Griner, who was arrested on drug charges in the country after Russian officials say cannabis oil was found in her luggage. (Screenshot)

The Women’s National Basketball Players Association has endorsed a petition that urges the Biden administration to “prioritize” WNBA star Brittney Griner’s release.

“It is imperative that the U.S. government immediately address this human rights issue and do whatever is necessary to return Brittney home quickly and safely,” reads the Change.org petition that Tamryn Spruill, a freelance journalist and author, created.

“The WNBPA and its members proudly join Tamryn Spruill, the creator of this petition, in demanding that lawmakers prioritize Griner’s return,” it continues. “White House and Biden adminsitration, we ask that you take action today—doing whatever is necessary—to bring Brittney Griner home swiftly and safely.”

More than 135,000 people have signed the petition.

Spruill on Saturday in a tweet said the WNBPA, a union that represents WNBA players, partnered with them and Change.org “in demanding that our elected officials work urgently to gain BG’s swift and safe release.”

Griner — a center for the Phoenix Mercury and a two-time Olympic gold medalist who is a lesbian and married to her wife — was taken into custody at Moscow’s Sheremetyevo Airport in February. Russian officials said customs inspectors found hashish oil in her luggage.

The State Department earlier this month determined Russia “wrongfully detained” Griner. A Russian court on Friday extended her detention for another month.

“The Russian system wrongfully detained Ms. Griner,” then-White House Press Secretary Jen Psaki told reporters on Friday during her last White House briefing. “We take our responsibility to assist U.S. citizens seriously.  And we will continue to press for fair and transparent treatment for all U.S. citizens when they are subject to legal processes overseas.”
 
“Now, because the State Department recategorized her as wrongfully detained, it means that our Special Presidential Envoy for Hostage Affairs — it’s quite a title but a well-deserved one — is going to be overseeing this case and leading the effort,” added Psaki. “Because it’s a deliberative process and we know from experience of bringing other Americans home, we’re just not going to detail what those efforts look like at this point in time.”

Griner faces up to 10 years in prison.

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Wyoming

GOP Sen. Cynthia Lummis issues ‘apology’ after transphobic comments during graduation speech

“My reference to the existence of two sexes was intended to highlight the times- times in which the metric of biological sex is under debate”

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Screenshot/University of Wyoming YouTube

During her speech delivered to the University of Wyoming’s College of Arts and Sciences and the College of Education commencement Saturday afternoon, Republican U.S. Senator Cynthia Lummis told graduates that “the existence of two sexes, male and female” was a “fundamental scientific truth.” 

The audience’s immediate reaction to her transphobic remarks were loud expressions of disapproval including jeering, boos, and demands she leave the podium.

The senator’s remarks came in the latter third of her twenty-minute address which had primarily focused on the critical need for teachers and in the fields of agriculture and other endeavors she noted were Wyoming hallmarks.

In a statement released by her office Sunday, a spokesperson noted that Lummis was apologizing to those who felt “un-welcomed or disrespected” by the comments.

“My reference to the existence of two sexes was intended to highlight the times in which we find ourselves, times in which the metric of biological sex is under debate with potential implications for the shared Wyoming value of equality,” the statement read.

“I share the fundamental belief that women and men are equal, but also acknowledge that there are biological differences and circumstances in which these differences need to be recognized. That being said, it was never my intention to make anyone feel un-welcomed or disrespected, and for that I apologize. I have appreciated hearing from members of the University of Wyoming community on this issue, and I look forward to continuing this dialogue.” 

An Assistant Professor in the University of Wyoming’s Sociology Program in the College of Arts and Sciences tweeted pointing out the graduate’s reactions along with the fact that the UW campus community had recently lost a Trans student to suicide, making the senator’s remarks more hurtful.

The university’s president also issued a statement Sunday expressing support for all members of the UW campus and community:

May 15, 2022

To the UW community:

On Saturday, the university celebrated spring 2022 commencement with a series of events that showcased the best of what makes us special: our students, our staff, our faculty and our ability to openly embrace and debate complex issues. One of our speakers made remarks regarding biological sex that many on campus take issue with. While we respect the right of all to express their views, from students to elected officials, we unequivocally state that UW is an institution that supports and celebrates its diverse communities that collectively make us the wonderful place that we are.

Thank you to the many students and families who celebrated with us this weekend. We welcome the incredible individuality and intellect of all our dynamic and diverse students and never want you to feel otherwise.

Sincerely,

Ed Seidel, President

Senator Cynthia Lummis’ remarks are at the 50:11 time mark:

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U.S. Federal Courts

Federal court blocks part of Ala. trans medical treatment law

Trump-appointed judge issued late Friday ruling

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Hugo L. Black United States Courthouse, Birmingham, Alabama (Photo Credit: US Courts/DXR)

In a 32 page ruling released Friday evening, U.S. District Judge Liles Burke preliminarily enjoined the state from enforcing the law criminalizing medical care for transgender minors in Alabama.

The law made it a felony for doctors and licensed healthcare providers to give gender-affirming puberty blockers and hormones to trans minors.

Burke, who was nominated to the bench by former President Trump to serve on the U.S. District Court for the Northern District of Alabama, wrote that the section of the Alabama Vulnerable Child Compassion and Protection Act that makes treatment of trans minor children a felony; “the court finds that there is a substantial likelihood that Section 4(a)(1)–(3) of the act is unconstitutional and, thus, enjoins defendants from enforcing that portion of the act pending trial.”

Burke however ruled that all other provisions of the act remain in effect, specifically: (1) the provision that bans sex-altering surgeries on minors; (2) the provision prohibiting school officials from keeping certain gender-identity information of children secret from their parents; and (3) the provision that prohibits school officials from encouraging or compelling children to keep certain gender-identity information secret from their parents.

The U.S. Justice Department had challenged the state’s Senate Bill 184 — a bill that would criminalize doctors for providing best-practice, gender-affirming care to trans and non-binary youth.

In the filing by the Justice Department, the complaint alleges that the new law’s felony ban on providing certain medically necessary care to transgender minors violates the Fourteenth Amendment’s Equal Protection Clause. The department is also asking the court to issue an immediate order to prevent the law from going into effect.

SB 184 makes it a felony for any person to “engage in or cause” specified types of medical care for transgender minors. SB 184 thus discriminates against trans youth by denying them access to certain forms of medically necessary care.

It further discriminates against trans youth by barring them from accessing particular procedures while allowing non-transgender minors to access the same or similar procedures. The penalties for violating the law include up to 10 years of imprisonment and a fine of up to $15,000. SB 184 would force parents of trans minors, medical professionals, and others to choose between forgoing medically necessary procedures and treatments, or facing criminal prosecution.

The Justice Department’s complaint alleges that SB 184 violates the Equal Protection Clause by discriminating on the basis of sex and trans status.

LGBTQ legal rights advocates SPLC, GLAD, NCLR and HRC, joined by co-counsel King and Spalding LLP and Lightfoot, Franklin and White LLC, had previously filed a legal challenge in federal district court against Alabama SB 184.

Shannon Minter, the legal director for the National Center for Lesbian Rights, one of the legal rights advocacy groups who had sued Alabama told the Washington Blade late Friday night:

“We are thrilled by this outcome, which will provide enormous relief to transgender children and their families. As the court recognizes, this is well established medical care that has been endorsed by 22 major medical associations. Thanks to this decision, kids in Alabama can now continue to receive this lifesaving care, and their doctors cannot be prosecuted simply for doing their jobs. This is a huge victory for compassion and common sense and a much needed antidote to the tidal wave of hostile legislation targeting these youth.”

In addition to the Justice Department, the doctors challenging SB 184 in Ladinsky v. Ivey are Dr. Morissa J. Ladinsky and Dr. Hussein D. Abdul-Latif, both providers at the Children’s Hospital of Alabama and members of the medical staff at the University of Alabama at Birmingham Hospital and the teaching staff at UAB School of Medicine. Ladinsky and Abdul-Latif have long-term expertise in caring for trans children of Alabama families. Under SB 184, they both face criminal penalties including up to 10 years in prison if they continue to provide that support to their patients.

The Alabama family plaintiffs are proceeding anonymously to protect their children. They include Robert Roe, and his 13-year-old trans daughter Mary, of Jefferson County; and Jane Doe and her 17-year-old-trans son John, of Shelby County. These families have deep ties to Alabama. If SB 184 is allowed to go into effect both families will be forced to choose between leaving the state, breaking the law, or facing devastating consequences to their children’s health.

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