Bill Text: MI SR0145 | 2019-2020 | 100th Legislature | Introduced
Bill Title: A resolution to urge the Department of Homeland Security to conduct a swift investigation into allegations of invasive medical procedures or hysterectomies performed on immigrant detainees without informed consent, ensure impacted individuals may freely participate in the investigation, and provide immediate medical treatment to any affected individuals, and to memorialize the Congress of the United States to pass measures requiring greater oversight of immigration detention centers and increased protections for detainees.
Spectrum: Partisan Bill (Democrat 12-0)
Status: (Introduced - Dead) 2020-09-30 - Referred To Committee On Government Operations [SR0145 Detail]
Download: Michigan-2019-SR0145-Introduced.html
senate Resolution No.145
Senators Chang, Brinks, Wojno, Santana, Geiss, Bullock, McMorrow, Alexander, Bayer, Irwin, Hertel and Hollier offered the following resolution:
A resolution to urge the Department of Homeland Security to conduct a swift investigation into allegations of invasive medical procedures or hysterectomies performed on immigrant detainees without informed consent, ensure impacted individuals may freely participate in the investigation, and provide immediate medical treatment to any affected individuals, and to memorialize the Congress of the United States to pass measures requiring greater oversight of immigration detention centers and increased protections for detainees.
Whereas, The number of individuals detained by Immigration and Customs Enforcement (ICE) has increased significantly in recent years. In fiscal year 2015, the average daily population of immigrant detention centers was approximately 28,000. As of fiscal year 2019, the daily population grew to more than 50,000 in detention centers across the United States; and
Whereas, On March 7, 2017, the Office of Detention Oversight, a division within the Department of Homeland Security (DHS), and ICE conducted a compliance inspection of the Irwin County Detention Center (ICDC) in Ocilla, Georgia and reported 26 deficiencies at the facility, including severe deficiencies in medical care. Inspectors noted missing informed consent documentation for any treatments outside of general medical treatment. Informed consent documentation is required by ICE’s Performance-Based National Detention Standards (PBNDS). According to the report, the facility has demonstrated a pattern of inadequate medical care, mistreatment of detainees, and an inability to produce supporting documentation of informed consent for medical procedures; and
Whereas, On September 14, 2020, a whistleblower complaint was filed by a nurse, Dawn Wooten, alleging that detainees at ICDC have been subjected to unwanted medical procedures and poor medical care at the privately-owned facility. According to the complaint, Ms. Wooten spoke with multiple women detained at ICDC that have undergone hysterectomies that stated they were confused afterwards about why they had undergone the procedure. Other detained women reported that they felt misled about the nature of the medical procedures or did not fully understand what was being done to them. Ms. Wooten also stated that one surgeon was referred to as "the uterus collector" because of the high number of hysterectomies he performed. The details of the complaint suggest that many of these procedures occurred without informed consent; and
Whereas, In September 2020, Mexican authorities reported that at least six women have potentially been subjected to the procedure, and they have opened their own investigation as a result. The Mexican government has threatened to impose sanctions against the United States if the claims are confirmed. The exact number of forced sterilizations performed without informed consent at ICDC or other ICE facilities is unknown. Such a determination requires an extensive investigation into the claims reported by multiple parties; and
Whereas, Sterilization without informed consent or medical necessity is unacceptable by medical standards, American legal standards, international law, and is a gross violation of basic human rights that women in the United States should be guaranteed. The American College of Obstetricians and Gynecologists (ACOG) has provided guidance stating that, "only rarely should incarcerated women undergo sterilization," and the procedure should only occur when "excellent documentation of prior (pre-incarceration) request for sterilization is available." The ACOG prescribes procedural safeguards and oversight of the procedure due to "the likelihood that the coercive environment impedes true informed consent"; and
Whereas, A thorough and immediate investigation by the Office of Inspector General at DHS, as well as stronger congressional oversight, is critical to address the serious whistleblower complaints regarding forced hysterectomies performed on women at the ICDC. If federal action is not taken, the health and lives of women detained at ICE facilities across the United States will be at risk of irreparable harm; now, therefore, be it
Resolved by the Senate, That we urge the Department of Homeland Security to conduct a swift investigation into allegations of forced hysterectomies performed on immigrant detainees without informed consent; ensure impacted individuals are able to freely participate in any investigation and share their stories without fear or reprisal; and immediately allow individuals who may have experienced an unnecessary or nonconsensual procedure to have access to adequate, safe, and consensual medical treatment or to seek a second opinion from an independent medical professional; and be it further
Resolved, That we memorialize the Congress of the United States to pass measures requiring greater oversight of immigration detention centers and increased protections for detainees; and be it further
Resolved, That copies of this resolution be transmitted to the United States Secretary of Homeland Security, the President of the United States Senate, the Speaker of the United States House of Representatives, and the members of the Michigan congressional delegation.
