Special Report: Almost Home - COVID-19 ensnares elderly ICE detainee
from Canada
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[August 14, 2020]
By Mica Rosenberg
NEW YORK (Reuters) - James Hill often told
his family he just wanted to live moment to moment, like a Buddhist
monk. He said it was the only way to survive 14 years in prison after
being given a sentence he believed was unjust. But as his release date
neared this spring, his nieces and nephews started encouraging their
72-year-old "Uncle Jim" to start thinking about the future.
During his years in prison, Jim had refused visits because they would be
too painful, reminding him of the life he had left behind as a family
doctor in Louisiana. But as the months ticked closer to the end of his
sentence for healthcare fraud and distributing controlled substances,
including OxyContin, his family convinced him that a visit could be the
first step toward what his nephew Doug Hunt liked to call his "new
life."
"In our minds, now was the time to start prepping emotionally for him to
say, 'OK, yeah, we're here, this is real,'" said Doug's brother, David.
They and some of their cousins have kept in close contact with their
uncle over the years, especially after Jim's surviving siblings died
while he was in prison.
When David and his sister arrived in the heavily guarded visitation room
at Rivers Federal Correctional Institute in North Carolina in December
last year to see their uncle for the first time since his imprisonment,
they were told that no touching was allowed.
"As soon as he got within a foot of us, we said the hell with it and we
both hugged him together and didn't let go for 15 minutes," David said.
"We weren't supposed to do it, but the guards just let it go," granting
the elderly prisoner some leeway.
Soon they were all reminiscing, and Jim was cracking jokes. "We thought
we might be going there to try and heal him, but it was not that way –
he was healing us."
After the visit and the subsequent phone calls, Jim started feeling
hopeful about getting out, David said. The family converted the basement
in his late sister's house to a little apartment with its own bathroom
and kitchen area with a microwave and small fridge so that he would have
a place to call his own. They pooled their resources to gather
everything he would need: clothes, shoes, a computer, even a wallet.
They started making plans to see baseball games, take bike rides, go
sailing.
Then came the day he finally left prison. April 15.
But there was a problem. Jim wasn't a U.S. citizen. He was a Canadian
with a green card, which had allowed him to practice medicine in the
United States. Instead of immediately returning to his home country upon
his release, as he had hoped, he was shackled and transferred to a U.S.
Immigration and Customs Enforcement (ICE) detention center in Virginia
to await an official deportation order from a judge.
An ICE spokeswoman said an order to transfer Jim to immigration
officials, known as a "detainer," was issued in his case in 2017 and a
copy of those orders are provided to federal inmates.
But his nephew Doug said Jim still didn't think he would be taken into
an ICE detention center. "He didn't realize that was going to happen,"
Doug said. "He was a free man and still a prisoner."
PAIN MANAGEMENT
Jim was in his 20s and the single father of two children when he decided
to go to medical school at the University of Toronto, according to one
of his daughters, Verity Hill. Saddled with thousands of dollars in
student loans after graduation, he answered the call of recruiters
looking for doctors and nurses to move to communities in the United
States, said nephew Doug. Jim had two more kids with a second wife, but
they split up and she returned to Canada when the children were small,
Doug said.
Jim was practicing as a family doctor in Shreveport, Louisiana, in 2006
when a warrant was issued for his arrest. A patient claimed she paid
$100 for an office visit but received a prescription for narcotics from
Jim's office manager without being examined, according to an affidavit
from an FBI agent supporting the warrant.
A subsequent indictment charged Jim with 80 counts of distribution of
controlled substances for signing prescriptions for at least two dozen
people without "a legitimate medical purpose," and 32 counts of
healthcare fraud for overbilling health insurance companies, according
to court documents. The indictment also said Jim had improperly
backdated a prescription. Prosecutors later alleged that the patient who
received that prescription died more than a year later from an overdose
of medications.
Jim, who had been in Canada, came back to turn himself in, thinking it
was all a misunderstanding that would soon be resolved, according to his
family members and letters he wrote at the time. He said his only goal
was to ease his patients' pain. His attorneys planned to introduce
expert testimony that would say his prescriptions were medically
appropriate and that he couldn't be held responsible for patients' abuse
of narcotics, court documents showed.
"I have committed no crime. I will be fully exonerated," Jim wrote Doug
from prison on April 3, 2006. "As you said, strange places can sometimes
provide a fulcrum for great changes. Right now I'm being small and still
and letting breath carry me through the tenses while trying to melt into
now."
But Donald Washington, the U.S. Attorney for the Western District of
Louisiana, had a different view. Washington said in a press release the
case demonstrated how "even medical doctors can become common
criminals."
By the end of 2006, after months in jail, Jim decided to plead guilty to
one count of healthcare fraud related to improperly billing for office
visits and one of distributing a controlled substance. On Christmas Day
2006, he wrote to his niece Jessica Marostega saying he had come to
believe it was wise to take the deal because juries were unpredictable
and the judge had partially limited what the expert witness could say in
court. "Thus, in the balance of things, I acquiesced," he wrote to his
niece, who goes by Jess.
"I am being depicted in the local newspapers and television as a
despicable common criminal and yet believe it or not, I feel blessed,"
he said in the letter to Jess. "Within each shell of anxiety and discord
there is a seed of peace and grace," he wrote, signing off, "May the
true spirit of Christmas penetrate your bones ... and warm you from
within when the world is cold."
With no prior criminal record, Jim thought his sentence wouldn't be that
long and told his family he expected to be home by late 2008 or early
2009.
Instead, U.S. District Judge S. Maurice Hicks decided to sentence Jim,
who was 59 at the time, to more than 16 years in jail. At the time of
the sentencing, Hicks said that Jim's explanations for his actions were
"little more than a low grade of baloney." Contacted recently, Hicks and
the U.S. Attorney's office in Louisiana that prosecuted the case said
they had no comment on the matter.
Randal Fish, one of Jim's attorneys, said he was "floored" by the
sentence. "It was an easy political move. They wanted to make a
statement about doctors prescribing pain medication," Fish said. "This
guy was not a citizen, it was easy to hammer him, and it was just truly
unfortunate."
"THESE FOUR WALLS"
In 2012 and then again in 2015, the U.S. Justice Department denied Jim's
requests to be transferred to Canada because his long residency made him
a "domiciliary" of the United States, according to family members and a
copy of a denial letter. The Justice Department said it could not
comment on international transfers because of privacy reasons.
With dwindling hopes of release, he tried to adjust to life in prison.
The early years were hard.
"These four walls close in sometimes and the noise is unbelievable," he
wrote Jess in June 2006.
After he said he had been transferred to a different federal prison, he
wrote Jess again in May 2007: "The food here is disgusting," complaining
of a serious salmonella outbreak. "A food worker told me the fish
patties served are labeled 'not for human consumption.' It is apparently
used to feed dolphins who are trained by the U.S. military in the
Persian Gulf to hunt for sea mines. Maybe I'll become as smart as a
dolphin and learn to communicate using sonar!"
"I am just taking one breath at a time during this period of
adaptation," he said in the letter. The Federal Bureau of Prisons
declined to comment.
He tried to focus on the positive. He had access to a small library and
a few courses such as leather-crafting and guitar, he wrote in the
letter. Over the years, he deepened his interest in Eastern medicine,
wrote drafts of books on wellness and would help other prisoners with
acupressure or simple advice on how to eat better to help control
diabetes or other chronic illnesses, nephew David said.
When Jim finally agreed to a visit as his sentence neared its end, David
was worried that his uncle would have a hard time seeing loved ones
after so long, but he was amazed at his attitude.
"Jim didn't seem like a broken man," David said. "He had enthusiasm for
life."
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James Hill, a Canadian man who died August 5, 2020, of COVID-19
after being held for months in ICE custody in the Farmville
detention center in Virginia, U.S., is seen in this undated handout
photo. From James Hill's family/Handout via REUTERS
HIGH RISK
Just as Jim began to emotionally prepare for his release and return
to Canada, the coronavirus began spreading across the globe.
By the time he was transferred to the Farmville immigrant detention
center in mid-April, the protocol was to quarantine him for 14 days.
According to ICE guidance issued on April 10, all new detainees were
supposed to be evaluated to see if they were at higher risk for
serious illness from COVID-19, including if they were 65 or older.
The ICE spokeswoman didn't respond to a question about whether Jim
was evaluated and said only that he was subject to mandatory
detention.
As soon as Jim was moved out of isolation and into general
population, he called his family in a panic, they said. He was
terrified about catching COVID-19 in the communal dormitories, where
more than 80 detainees were packed together, sleeping on bunkbeds.
At one point, he stopped eating to avoid going to the crowded mess
hall and would try to sleep when everyone else was awake and stay
awake at night to limit his interactions, his nieces and nephews
said.
On May 3, his family wrote an urgent message to the Canadian Embassy
in Washington, D.C., requesting assistance deporting Jim as soon as
possible.
The consulate responded that it had been in touch with ICE to
express concerns about Jim's risk factors and advanced age, but said
the process of issuing his travel documents and passport could begin
only once he had an official order of removal from a U.S.
immigration judge.
A judge issued the deportation order on May 12, according to the
Executive Office for Immigration Review, which runs the immigration
court system. Then the process of obtaining Jim's travel documents
began.
On June 2, ICE transferred more than 70 detainees into Farmville
from Florida and Arizona. More than half of the transferees ended up
testing positive for the coronavirus.
Within weeks, the center would be engulfed with cases, and nearly
every detainee would be infected with the virus.
The delays were mystifying and infuriating for some of Jim's family.
"Ironically, most of the people in there were trying to stay in the
United States, whereas my uncle wanted to get the hell out," Doug
said. "It's like this perfect storm of things and we are all going,
'This can't be happening – the guy is like a week away from getting
out of there.'"
By mid-June, ICE had received Jim's travel documents, according to
emails between his family and Canadian consular officials. By then,
there were dozens of confirmed cases of COVID-19 at the center and
the detainees were getting increasingly agitated. Jim was told his
flight home was scheduled for July 9.
On July 1, after a disturbance among detainees, guards shot OC
pepper spray into the dorm where Jim was being held. Though he said
he received significant exposure to the chemicals, he told his
family that no one was allowed to leave the dorm to shower right
away. A spokesman for the detention center said deployment of the
spray was limited and every detainee who had been exposed was
examined by a nurse afterward.
The next day, officials at the center expanded testing for the
coronavirus to all detainees.
The results were still pending when Jim started feeling seriously
ill. He told his family he was taken to the hospital for a few hours
for evaluation but was then returned to the general dorm when he got
back to Farmville, against a recommendation from the doctor to put
him in medical isolation. The doctor had told him his difficulty
breathing and fatigue was likely caused by pepper-spray exposure or
COVID-19 or both, he told them. His condition so worsened overnight
that he had to be taken in a wheelchair to the medical unit.
As July 9 neared, Jess was waiting by the phone. She knew she could
get a call any minute to pick her uncle up from the airport. To
prepare for his arrival, she bought streamers and welcome-home
balloons and chocolates and bottles of red wine, his favorite.
The day before he was supposed to fly out, the family received an
email from the Canadian Embassy. Unfortunately, his travel has been
postponed due to medical concerns, the consular officer wrote,
saying, "I'm sorry I don't have better news."
"LOST CHANCES"
By July 10, there were more than 100 confirmed cases of COVID-19 at
Farmville. Jim had been calling his family every day. Then suddenly,
the calls stopped. "We were emailing each other seeing if anyone had
heard from him," said Doug, who was in constant communication with
his siblings and cousins about their uncle's case. "We had no idea
where he was."
Days went by. His family called Farmville but were told they could
only pass a message to Jim and that their uncle needed to update his
consent form before any information could be released to them.
Eventually, the family said, the consulate was able to locate him.
He had tested positive for the coronavirus and had indeed been
hospitalized. The Canadian consular officer who was helping the
family was able to speak with Jim and talk to his doctors, and
subsequently helped his nieces and nephews to talk to their uncle
and his medical providers. The ICE spokeswoman said detainees aren't
usually allowed to call family during hospital stays for security
purposes but that an exception was made in this case, allowing Jim's
family to be in direct contact with him starting July 21.
He was soon placed on a ventilator.
On August 5, after being held in ICE custody for nearly four months,
Jim died.
ICE said in a statement that it was undertaking "a comprehensive,
agency-wide review of this incident, as it does in all such cases,"
and that fatalities in ICE detention – where around 21,000
immigrants are being held – are "exceedingly rare." The agency said
it has "taken extensive precautions" to limit the spread of the
virus and "ensures the provision of necessary medical care."
There have been more than 4,500 cases of COVID-19 detected so far in
immigration detention centers around the country, and five detainees
have died from the disease, according to ICE. One of them was a
70-year-old Costa Rican detainee in Georgia who died from COVID-19
complications on Aug. 10, the agency said in a statement.
The ICE spokeswoman said the agency makes every effort to remove
detainees expeditiously and works to coordinate the process with the
receiving country to ensure they are cleared to travel. A
spokeswoman for Canada's Global Affairs office said in a statement
that consular officials were assisting the family and were in
contact with local authorities to gather additional information.
Jim's daughter Verity said her dad had four grandchildren and three
great-grandchildren. After he died, she wrote down some thoughts
about what she had hoped would happen when she finally saw him
again.
"I had planned a gentle reunion. I would bring the grandkids, and
great-grandkids if I could," she said. "I'd clasp your hands, look
into your eyes, and just smile. You'd know. We wouldn't have to word
it. And we'd spend the rest of our lives quietly close, knowing."
Verity said she was struck by an excerpt from a poem her father had
written earlier this year:
will we now grieve for our lost chances?
will we cower in fear of punishment?
or will we greet our finality with
the expectant joy of a newborn child
and summon the courage to awaken
(Reporting by Mica Rosenberg, editing by Kari Howard)
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