Tylenol and an Ice Pack: An Inadequate Prescription for HIV/AIDS in Immigration Detention Centers

Authors

Carl Kenneth Lipscombe, Benjamin N. Cardozo School of Law

Abstract

The note examines the systemic challenges in providing adequate HIV treatment to immigration detainees in U.S. Immigration and Customs Enforcement (ICE) custody, highlighting the legal and practical barriers that prevent detainees from receiving consistent and effective medical care. It argues that the current framework, governed by non-binding standards and inconsistent enforcement, fails to ensure humane treatment under the Constitution, particularly the Eighth Amendment’s prohibition of cruel and unusual punishment. The analysis calls for structural reforms, including codifying detention standards into enforceable regulations and improving oversight mechanisms, to address the inadequate medical care for HIV-positive detainees.

Disciplines

Health Law and Policy | Immigration Law | Law

Recommended Citation

Carl K. Lipscombe, Tylenol and an Ice Pack: An Inadequate Prescription for HIV/AIDS in Immigration Detention Centers, 11 Cardozo Pub. L. Pol’y & Ethics J. 529 (2013).
Available at: https://larc.cardozo.yu.edu/cplpej/vol11/iss3/5