detainees

WASHINGTON — Six years after he was released from a California immigrant detention facility, Wilfredo Gonzalez Mena has to sleep with his back propped up by pillows, nearly in a seated position, to avoid gasping for air.

He blames his lasting medical issues on the 10 months he spent in custody until September 2020 at the Adelanto ICE Processing Center, about 60 miles northeast of Los Angeles, during which guards sprayed him and fellow detainees nearly around the clock with a concentrated disinfectant meant to guard against COVID-19.

Now Gonzalez Mena, who is one of six named plaintiffs in a class-action lawsuit filed in 2023 over the use of the cleaning solution, is expected to get a six-figure payout as part of a proposed settlement in the case, which was given preliminary approval on Sept. 25 by a federal judge in Riverside. The settlement applies to around 2,700 people detained at the Adelanto facility between March 11 and Sept. 30, 2020, who were exposed to the disinfectant called HDQ Neutral.

“When you least expected it, you would feel the mist,” Gonzalez Mena said. “They would spray us like we were animals.”

The Adelanto facility is operated by the GEO Group, a Florida-based private prison corporation that has faced criticism for years over conditions at its immigrant detention facilities. The company has also pushed back against California laws seeking to increase oversight of its facilities and inform the public about health and safety shortcomings.

Under the settlement, GEO Group and Spartan Chemical Co. Inc., the company that manufactures HDQ Neutral, acknowledged that HDQ Neutral — which is classified as a pesticide — can cause symptoms including blistering, chemical burns, vomiting, permanent eye damage, and damage to the respiratory tract, throat and stomach.

Those findings can now be used by class members who weren’t named plaintiffs and may pursue their own lawsuits, the settlement says.

Neither GEO Group nor the Department of Homeland Security responded to requests for comment. After the lawsuit was filed, GEO Group denied its allegations and said cleaning products are used safely and securely, in accordance with the manufacturer’s guidelines and sanitation standards, at all detention centers.

At the time, a GEO Group spokesperson called the allegations “part of a radical politically motivated campaign to attack ICE contractors, abolish ICE and end federal immigration detention.”

The company later swapped HDQ Neutral for a different cleaning product.

Lawyers from the Los Angeles-based civil rights nonprofit Trial Impact Project who are representing the former detainees called the settlement a victory.

Executive Director Sara Haji referenced other pending lawsuits addressing allegations such as medical neglect, retaliation and substandard food and water. Each one is a different lens into the same problem, she said.

“When a company like GEO settles instead of defending itself at trial, and when it admits that the pesticide it sprayed everywhere can cause serious health problems, it should cause us all to sit up and pay attention to what detained people have been telling us about the everyday cruelty of immigration detention,” Haji said.

The lawsuit alleged that GEO Group engaged in a “months-long poisoning” of detainees when its employees sprayed HDQ Neutral inside the facility. Before the pandemic, staffers had used it as a cleaning product. But as COVID-19 spread, they began spraying the concentrated solution across wide areas, “directly into the air and on all types of surfaces,” the lawsuit said.

Detained immigrants quickly began experiencing the effects, the lawsuit claimed, including nosebleeds, headaches and dizziness.

Spartan Chemical warns that inappropriate exposure can cause the types of effects detainees experienced. Long-term exposure has been linked to asthma and, in laboratory studies on animals, reproductive issues and birth defects.

In 2021, the Environmental Protection Agency found that GEO Group had violated federal law by misusing HDQ Neutral. The report found that staff and detainees were instructed to apply the pesticide inside the facility as often as every 30 minutes, without proper ventilation and at a dilution rate of 2 ounces per gallon of water, which is double the amount allowed for disinfectant use.

In September 2021, a federal judge ordered GEO Group to discontinue use of HDQ Neutral at the Adelanto facility, writing that it had been used “with a callous disregard for the safety of Adelanto’s detainees.”

Among the more than 100,000 pages of documents released during discovery for the lawsuit was an email from a nurse at the facility to Wendy Baca, who was acting health services administrator at the Adelanto facility for Wellpath, the company providing its medical care at the time.

The nurse wrote that patients were arriving with headaches, rashes and blisters, “we believe, due to the chemicals being used to spray.”

“Some of the officers have also reported ‘feeling burned’ after touching their skin with the same gloves that were used to handle the chemical. Please look into this so we do not endanger everyone we are trying to protect,” the nurse wrote.

Baca appeared dismissive of the nurse’s concern. She forwarded the email to GEO Group’s chief of security, asking him to look into it.

“Please also remind them not to put metal into light sockets, run with scissors, or anything usually avoided with a little common sense,” she wrote.

Mark Anthony Ferretiz, a former GEO Group cook supervisor who worked at the Adelanto facility for 14 years until March 2025, wrote in a declaration that his team was told to spray the red chemical “like Lysol.”

“I could taste the spray in my mouth when I used it, and it felt heavy in my lungs,” he wrote.

At some point, the facility’s safety manager brought men from HD Supply to talk to the staff about HDQ Neutral. After learning how often the chemical was being sprayed, one of the men told Ferretiz that it was “rat poison” and that “you’re going to kill someone like that,” he said.

Years later, former detainees such as Gonzalez Mena say they’re still living with the fallout. The former long-haul truck driver said his health deteriorated so significantly while he was detained that, afterward, he could no longer pass the required physical assessment because of his vision and breathing issues.

To make ends meet, he has turned to online resale.

“My wife says that after I was released, I didn’t go back to being the same person,” he said. “I’ve had depression and I often dream that I am there, in that place, and I want to get out.”

SACRAMENTO — A private prison company is challenging a new California law requiring detention centers to provide medical care, privacy and other civil rights to people detained by federal immigration authorities.

GEO Group, a for-profit prison company, filed a complaint in federal court over Senate Bill 942, also called the Civil Detainees’ Bill of Rights Act of 2026. It mandates that immigrant and other detainees are afforded privacy, safety, hygienic living conditions and other rights.

Gov. Gavin Newsom signed the law last week as part of a package of bills to push back on the Trump administration’s immigration enforcement, which the Democratic governor described as “Orwellian.” GEO Group filed its complaint the day after Newsom signed the law.

SB 942 declares that detainees at state, local and privately run facilities have the right to medical, dental and mental health care; physical exercise; clean drinking water and functioning toilets; and other rights. It allows the attorney general to bring civil action against private and public entities that allegedly violate those rights.

GEO Group attorneys argue in the federal complaint that while California elected officials “may disagree with federal immigration policy,” the state “may not impose its preferred immigration-detention standards on federal detention operations, whether those standards would tighten, loosen, supplement, or otherwise alter the federal framework.”

According to its website, the company operates six detention facilities in California, four of which are housing detainees under contracts with Immigration and Customs Enforcement. That includes a shuttered state prison that began holding ICE detainees earlier this year.

GEO Group has had some previous success challenging laws seeking to undermine the private prison industry’s role in federal immigration enforcement. A federal court struck down a 2019 law that attempted to bar any “private detention facility within the state” after the company filed suit.

Representatives for GEO Group did not respond to a request for comment. Spokespeople for Newsom, Atty Gen. Rob Bonta and state Sen. Anna Caballero (D-Salinas), who authored the bill, did not immediately comment on the lawsuit.

When the shooting starts, Sara tells her children to lie flat on the ground; the bullets, she said, can go straight through her family’s tent.

Sara, who asked that her real name not be used, has been arbitrarily detained for nearly a decade in Roj camp in Syria’s far northeast, which holds more than 2,300 children and mothers, many of whom are held on the basis of alleged family or other associations with ISIL.

Her children have grown up behind guarded fences topped with barbed wire and tangled with rubbish that often blocks the view of the barren, windswept landscape beyond.

United Nations experts and human rights groups describe open-ended detention in camps such as Roj as a breach of international law.

In recent months, women in the camp told Al Jazeera that the situation has steadily escalated: gunfire at night, stones thrown by guards and a boy left with a serious head injury.

Complaints to the administration, they say, bring promises but little else. “Every cry for help results in another wave of aggression,” one mother said.

Al Jazeera cannot independently verify their accounts, but they match reports by UN investigators and NGOs.

On September 8, the UN Independent Commission of Inquiry on Syria told the body’s Human Rights Council that conditions in Roj had worsened over the past year, with regular night raids, extortion and violence by camp security.

It described the camp as the world’s largest site of mass arbitrary detention of women and children on security grounds.

Who really controls the camp?

The violence comes amid sweeping change in the region.

On August 25, the Kurdish-led Syrian Democratic Forces (SDF), once a key US ally in the fight against ISIL, announced it would dissolve as an independent military force under an agreement with Syria’s central government in Damascus.

After a government offensive in January, the SDF lost much of the territory under its control and agreed to merge with the national army.

Its commander, Mazloum Abdi, has since been appointed a presidential adviser.

Roj, which the SDF had controlled until last month, is now the Syrian state’s responsibility.

But inside the camp, detainees said the transition has been anything but smooth.

One woman described to Al Jazeera a divided security presence, with those who accepted integration with the government on one side and holdouts who refused or were rejected on the other, and tensions between them that play out over the heads of the women and children.

In an open letter published on Monday, 11 mothers in Roj wrote that many of the same guards remain.

“While individuals’ [affiliations] may have changed,” one woman told Al Jazeera, “the people themselves remain the same”.

No legal basis for detention

Children from more than 50 countries remain stranded in Syria.

None has been given an individual legal process to determine why they are held, or for how long.

Fionnuala Ni Aolain, who served as UN special rapporteur on counter-terrorism and human rights from 2017 to 2023 and now sits on its inquiry commission, visited the camp in 2023.

Upwards of 70,000 people were once detained in al-Hol, another larger camp in the northeast holding the families of alleged ISIL fighters. In 2023, more than 52,000 people – mostly Syrians and Iraqis – were held in al-Hol and Roj, including an estimated 12,000 foreign nationals.

She found that conditions met “the threshold for torture under international law”. The violence women and children face now, she told Al Jazeera, is worse.

“It is utterly unacceptable that women and children who have never been convicted of any crimes, who have never been subject to any legal process, are being detained in this way,” she said.

There is no legal basis for their arbitrary detention, she said, adding that the remedy is release.

In January, order at al-Hol collapsed in chaos. The fate of thousands who had been held there remains unknown.

Beatrice Eriksson, a spokesperson for the Swedish branch of the rights organisation Repatriate the Children, which has been in contact with hundreds of mothers in the camps since 2019, told Al Jazeera that boys have been taken from their mothers as young as 12 or 13 and initially held in so-called rehabilitation centres.

Some have since been transferred to Iraq, she said, where they were detained in a makeshift prison for adult alleged ISIL fighters. The whereabouts of others remain unknown.

Eriksson argues that integrating former SDF-controlled forces and administrative structures into the Syrian government could provide an opportunity for change.

She said responsibility for the families has shifted from a non-state group to an internationally recognised government with which most of their home countries have diplomatic relations.

However, some detainees told Al Jazeera that they feel trapped. Governments tell them to reach out to an embassy, but their detention makes that impossible.

Ni Aolain said the responsibility does not just lie with the Syrian government, which is “doing its best to manage the massive post-conflict needs of the population as a whole”.

Instead, she said part of the blame clearly lies with foreign governments, “who have remained persistently stony-faced and unwilling to accept responsibility for their nationals”.

“It is not consistent with solidarity and support for a transitional state, and it’s an abdication of both their human rights and their security responsibilities to Syria”, she said.

For the women and children in Roj camp, the current situation is not sustainable.

“We want the next steps to begin where we’ll see an end to the suffering of our children,” one woman told  Al Jazeera, “even if that means going to prison back home.”

At the time of publication, Syria’s Ministry of Foreign Affairs and Expatriates had not responded to Al Jazeera’s request for comment on the reports of violence at Roj as well as the government’s plans for the camp and its detainees.

The camp administration also did not respond to Al Jazeera’s request for comment.

U.S. Immigration and Customs Enforcement has stopped publicly revealing where it is holding thousands of detainees who are subject to final deportation orders, an unannounced move that has made it far more difficult for lawyers and relatives to find them, according to current and former officials familiar with the practice.

ICE removed those detainees from its online detainee locator system on Sept. 15, according to three current and former ICE officials who spoke on condition of anonymity because they were not authorized to discuss the change. Several lawyers contacted by The Associated Press confirmed their clients vanished from the system this week, and the American Immigration Lawyers Association warned its members about the situation Friday.

The move represents a stark departure from previous practice and highlights the hardline nature of President Trump’s immigration crackdown, leaving thousands of detainees exceedingly hard to trace and potentially unable to exercise all of their legal options.

The practice, which applies to detainees who have received final orders of removal from an immigration court, could speed deportations by making last-minute legal challenges harder to pursue, immigration lawyers said. Nearly 16,000 people who were arrested and booked into ICE detention in July were subject to final removal orders, more than a third of the overall bookings, according to ICE data obtained by the Deportation Data Project based at U.C. Berkeley and UCLA.

The practice does not apply to detainees held at a detention facility in Adelanto, California or at temporary holding facilities in Minneapolis, New York City or suburban Chicago, the sources said. Judges have ordered ICE to list detainees in those facilities in the online locator promptly upon their arrival, as part of litigation over their detention practices.

Lawyers and relatives distressed by lack of information on detainees

The effort to hide their locations adds to the ways in which the Trump administration has made life harder for detainees and their families as it has increased pressure on them to waive appeals and agree to deportation.

ICE did not publicize the move and in a statement issued to the AP, the agency did not confirm or deny it. The statement said detainees with final removal orders were being prioritized for deportation, even as ICE faces a “historic number of injunctions” from courts stopping individual removals.

As a result of the change, lawyers and relatives lost track of their clients and loved ones without explanation, which is especially concerning because detainees are frequently moved to new facilities before deportation, said Greg Chen, senior director of government relations at the American Immigration Lawyers Association.

“Families are freaking out because they think the person has been deported and they don’t know where the person might be,” he said. “On the attorney side, this has serious implications for the ability to contact their client. It certainly has implications about how it will interfere with the attorney-client relationship.”

The Department of Homeland Security, ICE’s parent agency, has argued that people who are subject to final removal orders have received due process. That usually means an immigration judge has ordered their removal after a hearing, including cases when immigrants fail to show up, and the decision was affirmed on appeal or not appealed.

Detainees with final removal orders still have options to appeal

Still, those detainees have options to challenge their detention and removal, including seeking to reopen the case or by bringing what’s known as a habeas petition asking a judge to release them on constitutional grounds. Federal judges have granted thousands of rulings ordering that detainees be released or granted bond hearings.

ICE detention facilities held more than 65,000 people as of early July, the most recent available data. Around 30% of them likely have final removal orders, said Michelle Mendez, legal director at the National Immigration Project.

More people have been issued final removal orders after failing to show up for hearings in recent months because the administration’s immigration courts have taken steps to make it harder to participate and to reopen such cases, she said.

“To me, it’s just another iteration of disappearing people,” she said. “Why would we do that in the United States of America? It’s something we’d hear about in another country and be concerned about individual rights and due process.”

Some with final removal orders also have legal protections against deportation to their countries of origin based on the likelihood they would be tortured or persecuted. Many of them are facing removal to third-party countries where they have no ties and their disappearance in ICE’s system will make legal challenges harder, lawyers said.

Lawyers say clients have vanished from ICE locator system

ICE initiated the online detainee locator system in 2010 to allow relatives, lawyers and the public to search for people in custody. Previously they had to call ICE regional offices or individual facilities to try to track them down.

Many advocates and lawmakers have complained that the system updates too slowly and contains too much inaccurate or missing information, allowing ICE to shield the locations of detainees for days or weeks. Minors, people who have been held by U.S. Customs and Border Protection for less than 48 hours, and detainees who are being transported are not in the system, among others.

But the exclusion of detainees with final removal orders has no apparent parallel, several immigration lawyers said. Atenas Burrola Estrada, a deputy program director with the Amica Center for Immigrant Rights, said that “every single one of our clients who has a final order has disappeared from the locator,” including 17 in all as of Monday.

Among those disappeared from the locator system are eight Somali men being detained at the U.S. military base in Guantanamo Bay, Cuba, according to one of their attorneys, My Khanh Ngo, of the American Civil Liberties Union. She said the change could make it “nearly impossible” for people to challenge their removals in some cases.

“If you can’t find your client, don’t know what’s happening to your client, you can’t get that information to the court to stop their removal,” she said.

Foley writes for the Associated Press.