Francisco Castaneda was born in El Salvador and like many before him, was a man who dreamed of a better life. And like Victoria Arellano (a detainee of the San Pedro detention center who died June 2007 from AIDs related complications due to the negligence of detention officials), died at the hands of immigration officials February 16th, 2008. Castaneda was arrested for possession of and intent to sell methamphetamine. Eight months later he was transfered to an immigration detention center because he did not have legal residency. Shortly after his transfer Castaneda began to suffer from a growing lesion on his penis. After visiting the facility doctor a biopsy was authorized…and ignored.

Just last week the long drawn out trial regarding Francisco Castaneda finally came to a close after Judge dean Pregerson delivered a verdict allowing Castanedas family the full right to seek damages from the government. Pregerson blasted health officials by saying that their:

“attempt to sidestep responsibility for what appears to be . . . one of the most, if not the most, egregious” violations of the constitutional prohibition against cruel and unusual punishment that “the court has ever encountered.”

For 11 months, Castaneda was denied proper treatment for the growing lesion that in fact turned out to be what the facility doctors suspected it was - penile cancer. Numerous requests were made and denied in an effort to treat Castaneda. When the American Civil Liberties union finally intervened and a biopsy scheduled in February of 2007, Castaneda was abruptly released.

He immediately went to the UCLA Medical Center where he was diagnosed with metastatic squamous cell carcinoma. His penis was amputated, and chemotherapy treatment was to no avail. Four months before he died, as his teenage daughter listened on, as Castaneda testified in front of a hearing held by the House Judiciary Subcommittee on Immigration, Citizenship, Refugees, Border Security and International Law. The most disturbing evidence revealed is that

“bureaucrats” at Immigration and Customs Enforcement in Washington have the power to overrule recommendations of doctors who have actually seen the medical problems of detainees… That… says Rep. Zoe Lofgren (D-San Jose), chairwoman of the subcommittee …is a recipe for disaster.”

This gives doctors from the Division of Immigration Health Services the opportunity to characterize procedures as ‘elective’ so the federal government will not have to pay for it.

When asked to comment Lori Haley, an ICE spokesperson, she replied in an email ‘no comment’ due to the 1 million spent in the 2007 fiscal year due to detainee medical, mental and dental care and treatment. A troubling answer to say the least. I believe Loyola Law School professor Laurie Levenson says it best when asked to comment on the ordeal…

“the decision was legally significant and factually compelling. This was not a detainee with a hangnail,” she said. “You should not have to have your penis fall off to get medical treatment from the government.”

Photo by Chris Seufert 

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