Federal agents held, shackled a seriously injured man to hospital bed for 37 days without explaining why

Introduction to the Case

For more than a month, federal immigration officials surveilled Bayron Rovidio Marin in a hospital bed at Harbor-UCLA Medical Center, where he lay recuperating from serious injuries to his leg after an encounter with agents at a Carson car wash they raided. He was never charged and his lawyers say he was shackled to his bed for several days and couldn’t speak privately with doctors or legal counsel.

Background of the Incident

Over the weekend, a federal judge issued a temporary restraining order requiring immigration officials to remove the guards watching over Bayron Rovidio Marin, take off the handcuffs and leave him unrestrained. “He is presently detained under restrictions that limit his access to counsel, medical providers, and family,” U.S. District Judge Cynthia Valenzuela wrote in her Oct. 4 order. “He has been questioned by government officials while in pain and under the influence of medication. He cannot place phone calls and remains handcuffed to a hospital bed despite a broken leg that prevents him from walking. He has received no more than a vague explanation for his detention, and Respondents’ proffered excuses for delaying a formal notice are unsupported by facts.”

Revision and Correction

For the record:
A previous version of this story incorrectly stated Bayron Rovidio Marin was handcuffed to a hospital bed for more than a month. He was handcuffed for a few days, according to one of his attorneys.

Failure to Provide Proof

Despite Immigration and Customs Enforcement’s insistence on holding the man, Valenzuela said the government failed to provide any proof that he had “violated any law or regulation” or show that he was a “flight risk.”

Current Status of the Case

To date, ICE has not placed Rovidio Marin in removal proceedings, charged him with violating immigration law, set bond, issued a Notice to Appear or otherwise processed him, according to the order. The government told the court that they would determine the immigration status of Rovidio Marin once he was released from the hospital. His attorneys argued being indefinitely held without any charges is a clear constitutional violation.

Reaction from Authorities

The Department of Homeland Security and the medical center did not immediately respond to a request for comment.

Federal Law and Extraordinary Circumstances

Under federal law, officers initiating warrantless arrests must provide the person in custody a reason why they were arrested or detained and within 48 hours determine if the person will remain in custody, released on bond or given a notice to appear in court and an arrest warrant issued. Those rules are only waived in extraordinary circumstances. The judge noted that the September 11 attacks previously qualified as an “extraordinary circumstance” in delaying notices to appear to noncitizen detainees, but said that Rovidio Marin has been held “substantially longer.”

Initial Incident and Injuries

It’s unclear exactly how he was injured, but his lawyers say that Rovidio Marin had been at the car wash on Aug. 27, when immigration agents doing a “roving patrol” stormed in and raided it. In an emailed press statement, Cynthia Santiago, Attorney for CLEAN Carwash Worker Center and Nicolas Thompson-Lleras, Attorney for CHIRLA said he suffered severe injuries and was arrested by Border Patrol agents who transferred him into ICE custody.

Conditions of Detention

“For 37 days, our client was forced to endure medical treatment and recovery with ICE agents in his room, 24 hours a day, seven days a week,” the statement read. “ICE agents listened to every conversation between him and his doctors,” they stated. “They interrogated him while he was in pain and under the influence of medication. They did not permit him to see his family and removed his access to phone calls.”

Supervision and Guarding

According to the judge’s order, Rovidio Marin has been under the supervision of ICE, which contracted with Spectrum Detention Services to provide guards at the hospital where he was taken. Once admitted he was placed under what is known as a “blackout” procedure for patients in law-enforcement custody, making it harder for anyone to find him. He was registered under the pseudonym “Har Maine UNK Thirteen.”

Guard Presence and Monitoring

Two to four uniformed guards —either Spectrum employees or ICE agents— “have been continuously stationed in Petitioner’s hospital room, monitoring him at all times, including while he sleeps, eats, uses the restroom, or receives medical care,” according to a declaration referenced in the order.

Legal Perspective

“It’s fundamental that you can’t be detained indefinitely without charges,” said Jean Reisz, co-director of the USC Gould School of Law Immigration Clinic, who is representing Rovidio Marin in the habeas case. “Freedom from restraint is the cornerstone of our society and so to arrest someone and withhold their liberty for an extended period of time without any charges, it’s antithetical to our constitutional system and our immigration laws. Our immigration laws do provide for the rights of immigrants as well.”

Conclusion

The temporary restraining order expires Oct. 18. The case of Bayron Rovidio Marin highlights the complexities and potential abuses within the immigration detention system, particularly when individuals are held without charge or clear explanation. It underscores the importance of upholding constitutional rights and ensuring that detention practices align with legal standards and respect the dignity and rights of all individuals, regardless of their immigration status.

FAQs

1. What was the nature of Bayron Rovidio Marin’s detention?

   • Bayron Rovidio Marin was detained in a hospital bed for 37 days under the supervision of ICE, with guards present at all times, after being injured during an encounter with immigration agents at a car wash.

2. What were the conditions of his detention?

   • Marin was initially shackled to his bed, had limited access to counsel and medical providers, was interrogated while in pain and under medication, and was not permitted to see his family or make phone calls.

3. What legal action was taken on his behalf?

   • A federal judge issued a temporary restraining order requiring ICE to remove the guards, take off the handcuffs, and leave Marin unrestrained, citing the government’s failure to provide proof of any law or regulation violation by Marin.

4. What is the current status of the case?

   • The temporary restraining order expires on Oct. 18, and the government has not yet placed Marin in removal proceedings, charged him with violating immigration law, set bond, issued a Notice to Appear, or otherwise processed him.
5. What are the legal implications of this case?
   • The case raises concerns about indefinite detention without charges, the violation of constitutional rights, and the treatment of individuals in immigration custody, highlighting the need for transparency, accountability, and adherence to legal standards in detention practices.