Indian asylum-seekers in Texas, USA, on hunger strike to protest the racist treatment they are receiving and the fact that they are not being allowed to post bonds to leave the detention facility in order to continue their fight against deportation like other asylum-seekers, are being forcibly fed and hydrated in almost torture-like fashion.
Dragged from their cells and strapped down onto a bed, the nine men (other reports suggest between 11 and 30, mainly Indians and Cubans) have liquid and nutritional supplements poured in through tubes that are forced up their noses. The pressure causes them to vomit, and the tube insertion leads to extensive bleeding and pain. The Punjabi men, most of whom have been on hunger strike in the El Paso detention centre for about a month now, do not speak English, but were able to get their story out through an interpreter. Lawyers from groups like Human Rights Watch and Advocate Visitors with Immigrants in Detention are now involving themselves with the case.
So, is force-feeding even legal? The International Red Cross, the American Medical Association and the World Medical Association have all condemned the practice as unethical, arguing that it is tantamount to torture and contrary to international law, but it's legality is complicated. Federal courts have not even been able to conclusively agree on whether a judge's order is needed, and in practice the rules vary depending on the district and the type of court involved. Also, orders may be filed secretly. However, it is safe to say that court orders have been obtained to allow force-feeding in a prison context, but never before in an immigration detention centre context. So, we are entering new and very dangerous territory here.
Immigration and Customs Enforcement (ICE), who run the detention facility, say they have obtained a court order from a local judge allowing the force-feeding, a very rare occurrence, but investigating lawyers have been unable to obtain a copy. ICE also says that it fully respects the rights of all people to voice their opinions without interference, but that is looking less certain as more details of the case emerge.
Of course, the other question is: why would young Punjabi men even want to live in the States? Wouldn't they be better off aiming for more immigrant-friendly Canada, or even the UK or Australia, where there are more of their own kind to help them acclimatize? What kind of life can they reasonably expect in today's US.
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