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COVID-19
Brandt Williams

Judge: Sherburne Co. ICE detainees should stay in jail

Protesters pray an sing hymns outside of the Sherburne County Jail.
Protesters pray and sing hymns outside of the Sherburne County Jail in Elk River, Minn. A federal judge has recommended the denial of a petition for release by several dozen ICE detainees held in the Sherburne County Jail.
Evan Frost | MPR News 2018

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A federal judge has recommended the denial of a petition for release by several dozen ICE detainees held in the Sherburne County Jail. 

The men have said conditions at the jail put them at risk for contracting COVID-19. However, in a report and recommendation, U.S. Magistrate Judge Elizabeth Cowan Wright said the jail has implemented a number of precautions designed to prevent the introduction and spread of the virus.

The jail’s population has been reduced by one third. And Wright noted that the one new detainee booked into the jail in the last month had been immediately quarantined and later moved out of the facility as a precautionary measure.

Wright acknowledged that COVID-19 does pose a health risk to detainees, however, “it is not clear to the Court based on the existing record that Petitioners will be able to effectively isolate if released, or deal with their existing medical health issues, including mental health issues,” she wrote.

Attorney Fred Goetz, who is representing the petitioners, said many of the men suffer from health problems, like heart conditions, high blood pressure and diabetes, that make them particularly vulnerable to COVID-19. While there have been no confirmed cases of the virus reported in the jail, Goetz said the men should be released immediately.    

"One shouldn't have to wait for COVID-19 to get into the facility before there's an irreparable injury,” said Goetz.  “I think it's just the risk of harm more than the actuality of somebody having contracted the disease is enough to force at least the high risk individuals out of the jail."

Goetz said Wright’s recommendation is not an order. He will file an objection in the next few days. U.S. District Judge Nancy Brasel could issue an order as early as next week, said Goetz. 

The number of petitioners at the jail has dropped from 62 to around 44, estimates Goetz. Some have been released, deported or transferred.