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Federal court: ICE detention facility in Batavia must provide COVID-19 vaccines

U.S. Immigration and Customs Enforcement must develop a plan by Wednesday to provide COVID-19 vaccines to people who are eligible and are being held in Batavia.

BUFFALO, N.Y. — The U.S. Immigration and Customs Enforcement must develop a plan to provide coronavirus vaccines for people being held in Batavia, a federal court ruled Thursday.

The New York Civil Liberties Union touted the Western District of New York decision in a statement released Friday.

The ruling applies to people "who would otherwise be eligible under state vaccine guidelines," the group said. "The judge ruled that the failure to do so is a deprivation of due process rights for people in the facility, and ordered ICE to develop a plan by Wednesday, March 3."

The Prisoners Legal Services of New York had worked with the New York Civil Liberties Union on getting a ruling on behalf of people being detained at the Batavia center.

"This decision will help level the playing field, protecting the health and safety of the most vulnerable in our state, despite where they are currently living,” according to a statement by Karen Murtagh, the executive director of the Prisoners' Legal Services of New York.

The Investigative Post reported earlier this month that a COVID-19 outbreak had infected 22 immigrants held at the ICE detention facility in Batavia and prompted the testing of all others being held there.

The first positive test result was reported on February 11. Half of the 26 people held in that section of the facility subsequently tested positive. Testing confirmed nine more cases in a separate unit. 

The disclosures were made as part of a status report submitted to U.S. Western District Court Judge Lawrence Vilardo, who previously ordered a strengthening of health and safety measures.

You can read the full story on Investigative Post's website.

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