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Judge denies force feeding of immigrant
Posted: 08.25.2009 at 5:07 PM
Sergio Chapa

Sergio is KGBT's Interactive Manager and a reporter for VALLEYCENTRAL.COM.

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A federal judge in Brownsville has denied a request from immigration officials to force feed an illegal immigrant on a hunger strike at the Port Isabel Detention Center.

U.S. Immigration & Customs Enforcement (ICE) officials requested a temporary restraining order to force feed inmate Devenish Sorzano.

A request filed before U.S. District Court Judge Andrew Hanen shows that Sorzano went on hunger strike on August 13th – the day after being denied an immigration bond.

Hanen denied a request to force feed Sorzano but authorized doctors to use the least amount of force to monitor his vital signs.

Court records allege that the Trinidad and Tobago immigrant refuses to eat, drink water or let detention center medical staff monitor his vital signs or take blood samples.

ICE officials said in court records filed Monday that Sorzano appeared drowsy, dehydrated and was using slurred speech.

“As of this morning, detainee is laying on bed in fetal position and refuses to uncover his head to speak to medical staff,” one ICE official wrote in a memo dated on Monday.

Sorzano allegedly told one detention center that that he intends to continue his hunger strike until he is “free”.

Court records show that Judge Hanen was not convinced by the agency’s request.

“…the United States has not show that irreparable injury will result absent entry of a temporary restraining order,” Hanen wrote denying ICE’s request to force feed, give medically necessary fluids and monitor Sorzano’s vital signs.

But Judge Hanen ordered that trained medical professionals employ the least amount of force necessary to monitor his vital signs in addition to establishing whether Sorzano’s life or helath will be threatened without forced treatment.

Court records Sorzano does not yet have an attorney to represent him in the temporary restraining order case but a hearing for the case is set for Tuesday, September 1st.

Records show that Sorzano entered the United States on a tourist visa in 1990 and overstayed.

He was arrested for a domestic violence case in Arundel County, Maryland where authorities learned about immigration status.

Sorzano is fighting to stay in the United States and has an immigration hearing scheduled for September 9th.

ICE released the following statement in the case:

"An ICE detainee at the Port Isabel Detention Center began fasting Aug. 13, and was shortly afterward segregated and closely monitored to ensure his health was not at risk.  On Aug. 24, the U. S. District Court for the Southern District of Texas authorized ICE to employ the least amount of force necessary by a trained medical professional to monitor the detainee's vital signs and to establish whether his life or health will be endangered without forced treatment.  Department of Homeland Security privacy policy precludes the release of identifying information about this individual. The safety, security and health of detainees in ICE custody is a top priority."

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