SAN DIEGO (Border Report) — An ongoing COVID-19 outbreak at the Otay Mesa Detention Center is the reason why some migrants are missing their immigration court cases in San Diego, according to Michael Garcia, head of San Diego County’s Immigrant Legal Defense Program.

The detention facility, which is run by CoreCivic, a private company out of Tennessee, houses more than 1,400 detainees, mostly people awaiting deportation or for their court cases to be decided.

“Last week, we had a couple of days in which certain clients were not produced detention center agreed they were under quarantine,” Garcia said. “Our concern is, what happens if there’s a consistent flow of them not showing up in court and worse yet, if there’s no future court date that’s set immediately.”

Garcia said judges, for the most part, are rescheduling appointments but not everyone is getting a makeup date leaving some migrants in limbo, in danger of losing their cases or being deported.

Garcia said he did not have a specific number of migrants who have not been able to make their court appearances due to the virus, but he stated this is one of several concerns shared by him and his attorneys.

“DHS and ICE is transferring our clients to other facilities without notifying us. We show up in court and our clients aren’t there,” he said. “We have one case, specifically, in that scenario the client didn’t show up in court and we were never notified. Turns out that we find him in a facility in El Salvador.”

Garcia said in this particular case, the unidentified person was then sent to his country of origin, Venezuela.

“That case is under Board of Immigration appeal as we’re trying to get that rectified and remedied,” Garcia said.

Garcia worries when clients are moved without notice it generates another issue: Lack of access to counsel.

“If their lawyers can’t visit their clients, if they’re in another facility somewhere else, the concern is whether the case is going to continue here in San Diego if in fact they are moved elsewhere to other facilities around the country.”

Border Report reached out to Immigration and Customs Enforcement about the movement of migrants described by Garcia, from the Otay Mesa Detention Center to other facilities across the country.

It responded with the following statement:

“ICE is committed to ensuring that all detainee transfers are conducted in a safe, humane, and non-punitive manner. Transfers are guided by ICE Directive 11022.1: Detainee Transfers, which ensures decisions are based on a thorough review of the most current and accurate case information.”

The statement goes on to say, “transfer decisions are made by the Field Office Director or their designee and may occur for several reasons, including:

• Providing necessary medical or mental health care.
• Honoring an approved transfer request.
• Ensuring the safety and security of the individual, other aliens, or detention personnel.
• Complying with a change of venue ordered by the Department of Justice.
• Moving individuals to a more appropriate facility based on their unique circumstances and risk factors.
• Addressing facility noncompliance, underuse, or emergent situations.
• Preventing or relieving overcrowding.

“ICE recognizes the importance of community ties and works to keep support networks and attorneys informed when transfers are necessary. During the transfer process, ICE prioritizes the health and safety of individuals and remains dedicated to maintaining the highest standards of care, safety, and access to legal representation for all individuals in its custody.”

Earlier this week, CoreCivic confirmed to Border Report that non-symptomatic COVID-19 cases had been identified at the facility, adding that those are being isolated and cared for.

On Tuesday, ICE also told Border Report that there have been a handful of new COVID-19 cases at the Otay Mesa Detention Center but denied that detainees were being released due to a COVID-19 outbreak possibly being exacerbated by overcrowding.