March 27, 2020

The Honorable Chad F. Wolf

Acting Secretary
Department of Homeland Security
2801 Nebraska Avenue, NW
Washington, DC 20528

Matthew T. Albence
Acting Director
U.S. Immigration and Customs Enforcement
500 12th Street, SW
Washington, DC 20536

Mark A. Morgan
Acting Commissioner
Customs and Border Protection
1300 Pennsylvania Avenue, NW
Washington, DC 20229

Dear Acting Secretary Wolf, Acting Director Albence, and Acting Commissioner Morgan:

I am writing to you to urge you to immediately cease immigration enforcement operations

directed towards individuals who do not pose a specific and substantial risk of causing bodily
injury or using violent force against the person of another and release from immigrant detention
vulnerable immigrant populations, such as pregnant women, the sick, the immune-compromised,
and the elderly. As our nation is grappling with the spread of the novel coronavirus—which
causes COVID-19—it is essential that the federal government take aggressive action to promote
public health and safety, particularly for those who are most at risk of complications from the
virus.

We are in the midst of a public health crisis. Thus far, according to the Centers for Disease
Control and Prevention (CDC), there are 68,440 confirmed cases of COVID-19 in the United
States and 994 deaths from the virus as of March 27, 2020.1 Other counts have found over
80,000 coronvirus cases in the United States and nearly 1,200 deaths, which means there are
more cases in the United States than any other county.2 Worldwide, there are over 536,100 cases

1
Centers for Disease Control and Prevention, Coronavirus Disease 2019 (COVID-19), Cases in the U.S.,
https://www.cdc.gov/coronavirus/2019-ncov/cases-updates/cases-in-us.html (last visited Mar. 27, 2020).
2
Chuck Johnston, At least 82,079 coronavirus cases in the US, 1,195 deaths, CNN (Mar. 26, 2020),
https://www.cnn.com/world/live-news/coronavirus-outbreak-03-26-20-intl-
hnk/h_95b88cefbf79e94d2730fe029582cf0b.

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of COVID-19 and more than 24,400 people have died from the virus.3 In short, the coronavirus
is spreading rapidly and the federal government must respond accordingly.

Alarmingly, COVID-19 is already present in immigrant detention facilities in New Jersey. The
first reported case of an immigrant detainee testing positive for COVID-19 occurred at the
Bergen County Jail in New Jersey.4 As of March 20, 2020, staff members at the Elizabeth
Detention Center and at Bergen County Jail have tested positive for COVID-19, the latter
resulting in eight correctional officers and fifteen incarcerated people being placed into
quarantine.5 At the Hudson County Correctional Facility two incarcerated people tested positive
for COVID-19, causing the facility to go on lockdown.6

On Friday, March 13, 2020, President Trump declared a national emergency in order to
designate additional federal resources to combat the coronavirus,7 and Dr. Anthony Fauci, the
Director of the National Institute of Allergy and Infectious Diseases, said, “I think we should be
overly aggressive and get criticized for overreacting.” We must do all we can right now, before
it’s too late. I believe it is imperative for the Department of Homeland Security (DHS), U.S.
Immigration and Customs Enforcement (ICE), and Customs and Border Protection (CBP) to take
bold actions to protect its employees,8 those who are in its custody, and vulnerable immigrant
populations.

First, I am calling on ICE to cease all immigration enforcement operations against anyone other
than people it can show by clear and convincing evidence are likely to pose a specific and
substantial risk of causing bodily injury or using violent force against the person of another. As
the Los Angeles Times recently reported, ICE continues to arrest undocumented immigrants who
pose little or no risk to public safety based on minor infractions committed years ago.9 The
Washington Post recently reported that ICE is altering its enforcement priorities amidst the

3
Coronavirus Map: Tracking the Global Outbreak, N.Y. TIMES (Mar. 27, 2020),
https://www.nytimes.com/interactive/2020/world/coronavirus-
maps.html?action=click&module=RelatedLinks&pgtype=Article.
4
Hamed Aleaziz, An Immigrant At An ICE Detention Facility Has Tested Positive For The Coronavirus For The
First Time, BUZZFEED NEWS, (Mar. 24, 2020), https://www.buzzfeednews.com/article/hamedaleaziz/immigrant-ice-
detention-facility-coronavirus-test.
5
Chris Sheldon, Medical staffer at ICE detention center tests positive for coronavirus, NJ.COM, (Mar. 20, 2020),
https://www.nj.com/coronavirus/2020/03/medical-staffer-at-ice-detention-center-tests-positive-for-coronavirus.html;
Steve Janoski, Bergen County Jail officer tests positive for coronavirus; 8 in self-quarantine, NORTHJERSEY.COM,
(Mar. 21 2020) https://www.northjersey.com/story/news/coronavirus/2020/03/19/bergen-county-jail-officer-tests-
positive-coronavirus/2874775001/.
6
Monsy Alvarado, Coronavirus outbreak locks down Hudson County jail after two inmates test positive,
NORTHJERSEY.COM, (Mar. 22 2020), https://www.northjersey.com/story/news/coronavirus/2020/03/22/coronavirus-
outbreak-locks-down-hudson-county-jail/2895687001/.
7
Kevin Liptak, Trump declares national emergency – and denies responsibility for coronavirus testing failures,
CNN (Mar. 13, 2018), https://www.cnn.com/2020/03/13/politics/donald-trump-emergency/index.html.
8
According to news reports, “Nearly 500 Homeland Security employees are quarantined because of the novel
coronavirus, and at least 13 are confirmed or presumed COVID-19 positive, according to documentation reviewed
by POLITICO.” Betsy Woodruff Swan, Documents show undisclosed coronavirus cases at DHS, POLITICO (Mar.
13, 2020), https://www.politico.com/news/2020/03/18/undisclosed-coronavirus-cases-at-homeland-security-135569.
9
Brittny Mejia, With masks at the ready, ICE agents make arrests on first day of California coronavirus lockdown,
L.A. TIMES (Mar. 17, 2020), https://www.latimes.com/california/story/2020-03-17/for-ice-agents-its-business-as-
unusual-day-after-sweeping-coronavirus-order.

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coronavirus outbreak.10 However, the next day Ken Cuccinelli confused the situation and
tweeted “@ICEgov will continue to prioritize arresting and removing criminal aliens and other
aliens who pose a threat to public safety, just as it always has during President
@realDonaldTrump's administration.” This indicates that ICE’s enforcement priorities remain
the same.11 Regardless, arresting people who have committed low-level offenses years ago and
who have deep ties to the communities in which they live does nothing to promote public safety
and only increases the public health threat posed by the novel coronavirus in ICE detention
facilities across the country. Additionally, it only further unnecessarily puts ICE agents at greater
risk of coming into contact with someone who has COVID-19. With nearly 40,000 people
already under ICE custody,12 we should be looking into ways to decrease the likelihood of
spreading COVID-19.

Second, and in connection with my first request, I firmly believe that ICE should immediately
release all immigrants under its custody—including those at private facilities and county jails—
who are considered vulnerable and who are not likely to pose a specific and substantial risk of
causing bodily injury or using violent force against the person of another. There are numerous
alternatives to detention available that will ensure that immigrants under ICE custody show up
for necessary check-ins with ICE field offices and court dates. People who are in detention
facilities are particularly susceptible to the spread of infectious diseases, such as the highly-
contagious novel coronavirus. According to public health experts, incarcerated people “are at
special risk of infection, given their living situations,” and they are “less able to participate in
proactive measures to keep themselves safe, and infection control is challenging in these
settings.”13 People in immigration detention cannot achieve the “social distancing”
recommended to effectively prevent the spread of COVID-19. The nature of their detainment
makes them less able to maintain the recommended distance from others. Because toilets, sinks,
and showers are shared, without disinfection between each use, they are also likely to share or
touch objects used by others that are potentially contaminated.

The Chief Justice of the New Jersey Supreme Court announced an order on March 22, 2020,
which will release as many as 1,000 people from New Jersey jails in an effort to minimize the
risk of COVID-19 spreading.14 Most recently, on March 26, 2020, a federal judge ordered that
ten ICE detainees in New Jersey be released, citing vulnerability to the disease due to medical

10
Maria Saccheti and Arelis R. Hernández, ICE to stop most immigration enforcement inside U.S., will focus on
criminals during coronavirus outbreak, WASH. POST (Mar. 18, 2020),
https://www.washingtonpost.com/national/ice-halting-most-immigration-enforcement/2020/03/18/d0516228-696c-
11ea-abef-020f086a3fab_story.html.
11
Twitter, Ken Cuccinelli, https://twitter.com/HomelandKen/status/1240644612081016832 (last visited Mar.
19,2020).
12
U.S. Immigration and Customs Enforcement, Detention Statistics (Mar. 7, 2020), available at
https://www.ice.gov/detention-management.
13
“Achieving A Fair and Effective COVID-19 Response: An Open Letter to Vice-President Mike Pence, and
Other Federal, State, and Local Leaders from Public Health and Legal Experts in the United States” (Mar. 2, 2020),
available at https://law.yale.edu/sites/default/files/area/center/ghjp/documents/final_covid-
19_letter_from_public_health_and_legal_experts.pdf.
14
Tracey Tully, 1,000 Inmates Will Be Released From N.J. Jails to Curb Coronavirus Risk, N.Y. TIMES (Mar. 23
2020), https://www.nytimes.com/2020/03/23/nyregion/coronavirus-nj-inmates-release.html.

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conditions.15 The judge harshly criticized ICE stating that the agency “exhibited, and continue[s]
to exhibit, deliberate indifference to Petitioners’ medical needs.”16 And in the past week, ICE
itself has acknowledged the risk COVID-19 presents by releasing two detainees from the Essex
County Correctional Facility due to health concerns. There are nearly 2,000 ICE detainees
throughout the state of New Jersey, many of whom are particularly vulnerable to this disease.
The dangers posed by the novel coronavirus are also acute for the correctional and medical staff
charged with overseeing detention facilities, as they risk potential infection at the facilities as
well.

I urge ICE to release detained people who are particularly at risk of complications from COVID-
19, based on guidance by the CDC and other medical experts. That includes all people who are
over 50 years old and all people (of any age) who have an underlying medical condition that
increases their risks, including those who are pregnant, or who have a medical condition such as
lung disease or asthma, heart disease, chronic liver or kidney disease (including hepatitis and
dialysis patients), diabetes, epilepsy, hypertension, inherited metabolic disorders, stroke,
developmental delay, a neurological condition that weakens the ability to cough, a weakened
immune system, or blood disorders such as sickle cell anemia.17 ICE should immediately release
these people from its custody using parole authority under 8 C.F.R. § 212.5(b)(1) and all other
available release options. Additionally, we urge ICE to heed CDC’s guidance generously and err
on the side of releasing a person who falls under this at-risk category.

It is worth underscoring that the need for care, including intensive care, is much higher from
COVID-19 infection than from influenza.18 Even some younger and healthier people who
contract COVID-19 may require supportive care, which includes supplemental oxygen, positive
pressure ventilation, and in extreme cases, extracorporeal mechanical oxygenation. Most people
in higher risk categories who develop serious disease, however, will need advanced support.

Third, I am urging CBP to release all immigrants under its custody who are considered
vulnerable as defined above and refrain from detaining people for processing who are not likely
to pose a specific and substantial risk of causing bodily injury or using violent force against the
person of another. While people who are under CBP custody do not remain at its facilities for
nearly as long as those who are under ICE custody, the same risks presented by the coronavirus
are present at its facilities.

If we are truly going to follow Dr. Fauci’s advice that the government must be “overly
aggressive” in response to the novel coronavirus, we must act swiftly to protect the health and
safety of those who are detained and working at DHS facilities, which will in turn protect us all.

15
Josh Gerstein, Judge orders release of 10 immigrant detainees from N.J. jails, POLITICO (Mar. 26, 2020),
https://www.politico.com/news/2020/03/26/immigration-jail-coronavirus-151343?cid=apn.
16
Id.
17
Centers for Disease Control and Prevention, Coronavirus Disease 2019 (COVID-19), If You Are at Higher Risk,
https://www.cdc.gov/coronavirus/2019-ncov/specific-groups/high-risk-complications.html (last visited Mar. 18,
2020). For the complete list of underlying medical conditions that may pose serious complications from COVID-19
see the CDC website.
18
Brian Resnick and Christina Animashaun, Why Covid-19 is worse than the flu, in one chart, VOX (Mar. 18, 2020),
https://www.vox.com/science-and-health/2020/3/18/21184992/coronavirus-covid-19-flu-comparison-chart.

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Thank you for your attention to this urgent matter and I look forward to your response.

Sincerely,

Cory A. Booker
United States Senator