Affidavit of Monica Cornejo PhD

Re: Incident Inside Immigration Detention on April 6, 2023

My name is Monica Cornejo, and the below statements are accurate, truthful, and complete, to the best of my knowledge and recollection.

1. I work at Cornell University as an Assistant Professor in the Department of Communication. My research employs qualitative and quantitative methodologies to examine the structural barriers that lead to inequities among various immigrant communities (e.g., undocumented youth), how immigrants draw on different communication processes (e.g., identity management; advocacy) to challenge those barriers, and how those strategies relate to immigrants’ health and wellbeing (e.g., depressive symptoms, anxiety, relational closeness). My research seeks to contribute to the theoretical understanding of the previously explicated process, and it also seeks to document the experiences of immigrant communities to create interventions and pathways to reduce the multiple barriers these communities experience in the United States, which have dire impacts to their health, social, legal, etc. wellbeing.

2. Given my research expertise, I pursued a collaboration with a Cornell law professor and the Southeast Immigrant Freedom Initiative (SIFI) to learn more about ways in which I could support their efforts, as well as learn about immigration detention centers for my research area. As part of our collaboration, I was invited to participate — as a Spanish-English translator — in their know-your-rights presentations to ICE detention centers in Louisiana. These visitations took place in April 2023.

3. My first visitation day at a detention center in Louisiana was on April 4, 2023; I arrived to the Winn Correctional Center with my collaborators. We were checked-in by the detention staff (similar to TSA, our backpacks and persons were thoroughly checked with scanners), and escorted to a small Christian chapel — “Freedom Chapel” — within the detention facility. The detention staff informed us that “Freedom Chapel” was where we would be working. As we were escorted into the chapel, I observed a how a group of detained men — wearing aqua/teal-colored suits — were being escorted. They were all shackled with chains at their hands, ankles, and chest. The restriction to the detained men’s walking mobility was visible.

4. Once inside the chapel, I worked translating between law students and several detained immigrants who were inquiring about the information presented by SIFI. For example, I translated for a detained immigrant who was seeking asylum in the U.S. because he was being persecuted in his home country — Peru — due to his political ideals. His eyes watered as he shared how he had been tortured in his home country for his political opinion; he lifted his arm and showed me his crooked and deformed hand and fingers — a result of the torture he had survived from his captor, whom, he shared broke his fingers and used a knife to carve into his hand’s joints — he had lost significant mobility. This man, although tortured and would otherwise qualify for asylum, had been detained for several months at that detention center.

5. On the second day of my visitation — April 6, 2023, I arrived with my colleagues to the detention center at 830 Pinehill Rd, Jena, Louisiana 71342. This detention center had increased security — there were various security cameras throughout the facility. Following our arrival, we were told by detention staff that we would need to be escorted to-and-from the bathroom inside the facility. This policy was different than the prior day; accordingly, our SIFI collaborators were able to use the bathroom facilities without an escort. We were escorted (by detention staff) to a small room inside the facility where we would work; to get to that room, we crossed through several fenced doors that had numbered-password padlocks.

6. I remained working in this room (with the exception of bathroom breaks and a lunch break) until I was asked to speak with a detained immigrant who had requested to talk with our group. Although I had the opportunity to translate for few detained immigrants, this workday went slower; detention staff told us there was an inmate count, so they were unable to bring the next group of detained men who had signed up to attend the know- your-rights presentations. Although detention staff told us that they would bring the next group soon, we spent 2.5–3 hours with the same group of detained men. Further, while going to eat, a group of detained immigrants (who were held inside a fenced basketball area) told Mr. Mich P. Gonzalez and myself how detention staff did not allow them to talk with us, although they made several requests. We were unable to talk with these men further because we were told by detention staff that we could not address those detained immigrants. Based on GEO group detention staff’s behavior (e.g., escorting us, sitting outside the room in which we were conducting know-your-rights’ presentations) it was evident GEO detention staff did not facilitate an environment in which we could readily do our jobs. Instead, this behavior created a hostile work environment in which GEO staff appeared to be engaging in retaliatory passive-aggressive behavior.

7. While waiting for GEO group detention staff to bring a new group of detained immigrants, I and law student (Name of collaborator, who is of Asian background) were asked by Ms. Hannah Lopez (White woman) if we wanted to meet with Mr. Daniel Alfredo Cortes De La Valle (Mr. Cortes; Latino man) who had requested to meet with us and share updates. Mr. Cortes was being held in solitary confinement. I agreed to talk with Mr. Cortes and waited until a GEO detention staff came to escort [Name of collaborator] and myself to speak with Mr. Cortes.

8. Once GEO detention staff arrived, [Name of collaborator] and myself were escorted to a private room to talk with Mr. Cortes; this was between 4:00pm — 4:30pm CST. We entered the room while a detention staff brought a third chair inside the room, so we could all sit and talk. After the detention staff brought the chair, we all introduced each other. At that point, I asked Mr. Cortes if I could audio-record our conversation. I made this request because I wanted to recall specific details Mr. Cortes shared with us during our conversation that might inform my understanding of detained immigrants’ experiences. Keeping this type of record is common practice among scholars. Mr. Cortes agreed.

9. Mr. Cortes shared with us that he had experienced mistreatment while detained; he highlighted ways in which GEO group detention staff would ignore his petitions to talk with his immigration lawyer. Additionally, he described that GEO group detention staff had prevent him from receiving medical care to aid in treatment of seizures he experiences. He also talked about being a father and wanting to return home to his family. During our discussion, I made several observations about Mr. Cortes’s behaviors — as is my training as a social scientist. Mr. Cortes was clear and calm thorough our discussion. He spoke English very well, and his sentences were well structured and articulate; his body language was relaxed.

10. After talking with Mr. Cortes for about 15 minutes, I noticed a drastic change in Mr. Cortes’s speech and kinesics (body language). His speech was no longer clear — he was having issues forming sentences and would repeat words. Further, his facial tone became tinted with a pale color and his facial muscles appeared to be overly relaxing. At that point I, being concerned for Mr. Cortes’s sudden change in behavior and the evident change in physical demeanor, asked Mr. Cortes if he was feeling okay. Mr. Cortes was able to respond that he was not feeling well before collapsing — forward — from his chair onto the floor. His body then began convulsing on the ground. I quickly stood up from my chair and kneeled beside Mr. Cortes — I was trying to hold his head, so he would not become injured during the seizure. I also wanted to ensure he was breathing. While this occurred, [Name of collaborator] quickly left the room to call for help. I was left in the room alone with Mr. Cortes for a few seconds while he continued to convulse on the ground; I was able to hear “code blue” called out.

11. [Name of collaborator] returned and we waited for detention staff to help Mr. Cortes. I continued to kneel besides Mr. Cortes. Following that, a middle-aged white woman detention staff — who I later found our might have been Major Adams — entered the room. I told her how Mr. Cortes was having a seizure; her response was a nonverbal “hmm” and her facial expression was unconcerned, dismissive, and incredulous. All this while Mr. Cortes was on the ground, convulsing on-and-off. Although I urged to detention staff and highlighted that Mr. Cortes was having a seizure and needed medical attention, there was no sense of urgency communicated by GEO group detention staff.

12. While waiting for medical, I observed how several detention staff had gathered outside the door of the room in which the incident was actively occurring. There was no sense of urgency among the detention staff; I observed how some of them were casually talking with each other. What I observed frightened me; there was a medical emergency and the GEO group detention staff — who were tasked, by the U.S. government, with caring for the detained immigrants in that facility — were behaving as if it were a casual office day and someone had spilled coffee. At the same time, I was panicking for the safety of Mr. Cortez who is on the ground; [Name of collaborator] is crying and was visibly upset (e.g., her eyes had turned red from the tears and looked shaken).

13. Subsequently, two men nurses — who at first thought were EMTs — (both blonde and white; one wearing a light blue scrub — looking uniform) came into the room asking what was happening. Their behavior also communicated no sense of urgency; one of the male nurses — the one with the light blue scrub had a smirk in his face — his nonverbals did not communicate concern for Mr. Cortes; he inquired about how long the incident occurred and I responded something like a minute-or-two; Mr. Cortes continued to convulse on the floor while other GEO group detention staff directed toward to Mr. Cortes and inquired what was happening. As this happened, the nurses knelt beside Mr. Cortes and obtained his pulse. They were waiting for a stretcher to be brought, so they could take him away. Once the stretcher arrived, the nurse put Mr. Cortes on a gurney and proceeded to leave with him.

14. Throughout this process, the nurses never shared a status update on Mr. Cortes, although I asked about his pulse and his wellbeing. Given what I had observed (i.e., a medical emergency in which the individual having that medical emergency is detained and supervised by staff who communicated no concern for his wellbeing — while Mr. Cortes was actively having a seizure on the floor) after having talked with Mr. Cortes (who disclosed to [Name of collaborator] and myself about the communicative, psychological, and psychical abuse he experienced from GEO detention staff, medical personnel, and ICE officers), I felt an immense concern for the safety and wellbeing of Mr. Cortes; consequently, requested to go with Mr. Cortes. I made this request to GEO detention staff (I explained that I wanted to go with Mr. Cortes because I was concerned for him), but my request was denied.

15. At that point, I decided it was best to inform either Ms. Lopez or Mr. Gonzalez about that incident; I told detention staff I would like to go back to the room and talk to my legal team; they agreed and escorted me back to the room I had been working at. Inside the room, I observed Mr. Gonzalez talking with a group of detained immigrants; I approached him and asked to speak with him. I told him what had happened and how I was significantly concerned for Mr. Cortez’s safety. Mr. Gonzalez shared that the best thing would be to talk to the Assistant Warden. I agreed and followed Mr. Gonzalez in search of the Assistant Warden, after he informed Ms. Lopez of the situation.

16. Mr. Gonzalez requested the GEO detention staff outside our door, who had been tasked with our supervision, that we needed to talk with the Assistant Warden. Her response was of surprise; she seemed incredulous at our request to speak with the Assistant Warden. Further, when we explained to that GEO officer how Mr. Cortes had experienced a seizure, her response was to laugh; however, when Mr. Gonzalez and I responded that the situation was of no laughing manner, the GEO officer recanted her response with “who’s laughing” and stated that she did not know what had happened.

17. After walking towards the main entrance, we ran into a tall Black man who was referred to as Captain. Mr. Gonzalez explained to him what had happened and how we wanted a health update on Mr. Cortes because he was our client. The Captain was reluctant to allow up to speak with the Assistant Warden and highlighted how they had policy that would not allow us to be informed about Mr. Cortez’s health. I highlighted how their policy does not trump federal law; eventually, he agreed to escort us to talk with the Assistant Warden.

18. After arriving at the main entrance, the captain had Mr. Gonzalez and I sit on two chairs while he went to look for the Assistant Warden. While we waited to talk to the Assistant Warden, Mr. Gonzalez explained to me that we would need to send ICE and GEO group a signed HIPPA release form for Mr. Cortes; this would allow us to obtain a health update. He called Mr. Cortes’s legal representatives while we waited to speak to the Assistant Warden.

19. After a minute or so, I observed how one of the male nurses that had been called to treat Mr. Cortes was leaving with a white woman. I recognized the nurse and indicated to Mr. Gonzalez that he was the nurse who I observed smirking at Mr. Cortes. Subsequently, we called out to the nurse and asked him for a health update on Mr. Cortes, but he refused. I asked to see his name — that was visibly displayed on his shirt — because I wanted to know who I was speaking with; however, he flipped his name badge backward and prevented me from seeing his name (Again, the man nurse’s ID tag was visible prior to me requesting to see his name) and proceeded to respond in an aggressive tone that he could not give us information due to HIPPA. The nurse did not want to speak with us and continued to walk away, although Mr. Gonzalez informed him that we had a HIPPA release form for Mr. Cortes; that Mr. Cortes was our client; and that we were concerned for the wellbeing of Mr. Cortes.

20. At this point, the GEO Group Captain (tall Black man) approaches us and tells the nurse that he can leave because his shift was over; the Captain did not show interest in understanding the situation, nor attempted to examine why we were concerned for the safety of one of the detained immigrants — a human being — in their care.

21. Following this interaction, the Assistant Warden, (I later found his name is Bingham; middle-aged, plus size, white man), entered the lobby; Mr. Gonzalez and I were asked to follow them into the Assistant Warden’s office. While Mr. Gonzalez and I were escorted to the Assistant Warden’s office, the man nurse was taken into a separate room, and we were not allowed to talk with the nurse. The door to the Assistant Warden’s office remained open and I could see the man nurse in another room talking with a group of GEO staff workers.

22. Once in the office, Mr. Gonzalez explained to Assistant Warden Bingham that we wanted a health update on Mr. Cortes; we wanted to know if he was stable. Similarly, to all the other GEO detention staff we talked with, Assistant Warden Bingham told us that because of HIPPA law, they could not give us a health update on Mr. Cortes.

23. Mr. Gonzalez then explained (in a regular talking tone) that we had HIPPA release forms; subsequently, Assistant Warden Bingham raised his voice and commanded Mr. Gonzalez to lower his voice. At the same time, Assistant Warden Bingham’s physical behavior changed; his face became flushed and his body movements where tense — his behavior communicated aggression, instead of de-escalating the situation and inquiring why we were asking for a health update on Mr. Cortes. Mr. Gonzalez continued and tried to make factual statements about the law and our requests, but Assistant Warden Bingham would interrupt Mr. Gonzalez. Assistant Warden Bingham continued to state that he could not release any information and we would need to request information from ICE Health Services Corps. Mr. Gonzalez continued to inform Assistant Warden Bingham of factual information, but the Assistant Warden Bingham did not want to discuss the matter. At this point, I calmly told Assistant Warden Bingham that he was not following law and, with a raised voice, commanded me to lower my voice; however, my voice was not raised.

24. Assistant Warden Bingham continued and declared that he was not required to give us any updates; Mr. Gonzalez and I highlighted that the man nurse who treated Mr. Cortes was outside the door and that he could give us an update — since we had HIPPA release forms. However, again, Assistant Warden Bingham stressed how he did not work for the government, instead he worked for GEO group, and because of this, he was exempt from the care of the detained immigrants.

25. Mr. Gonzalez asked Assistant Warden Bingham for the email address of ICE Health Services, so a HIPPA release form could be sent. I also requested the name of the man nurse and we asked to know a current health update of Mr. Cortes. At this point, Assistant Warden Bingham grew angry; his face became increasingly flushed; his torso became stiff; and his voice increased volume. He then instructed a GEO Group officer to remove Mr. Gonzalez and I from the office.

26. The GEO group officer continued to observe the interaction as Mr. Gonzalez sat down on a chair; Mr. Gonzalez stated that he just wanted to have a discussion and tried to reason with Assistant Warden Bingham, Mr. Gonzalez explained that regardless of whether GEO group was primarily responsible (or not), that he, as the Assistant Warden, was responsible for the care of those in the facility.

27. Mid-way though Mr. Gonzalez’s explanation, however, Assistant Warden Bingham left the office and I observed how he took out a phone and began dialing; he left Mr. Gonzalez and I in the office with two GEO group officers; an older white man and the Captain (a tall Black man). Mr. Gonzalez then turned to these officers and tried to de- escalate the situation; he highlighted several times that all we wanted was a health status update on Mr. Cortes given the concerning events I had witnessed. Mr. Gonzalez continues pleading with the two GEO group officers, but there is no response; I observed how the two men would not even make eye-contact with Mr. Gonzalez or myself.

28. Subsequently, a tall Black man dressed in navy blue uniform walked in and introduced himself as the head of ICE Health Services Corps for that facility. Mr. Gonzalez directed his attention to this ICE officer and asked that he please allow him (Mr. Gonzalez) to send him the HIPPA release form, so members in the facility — including the man nurse — provide a health update on Mr. Cortes.

29. However, instead of inquiring about the incident, the ICE Health Service officer interrupted Mr. Gonzalez several times with a raised voice, and while talking over Mr. Gonzalez, he continued to ask if email worked for Mr. Gonzalez (i.e., “is email fine”). The ICE Health Services officer also informed Mr. Gonzalez that he could send Mr. Cortez’s entire medical record to him on Monday (over the weekend and 4 days after the incident) — although we were not requesting those forms. Instead, we were merely requesting a health status update on Mr. Cortes given the incident that I had witnessed. Similarly to the other GEO detention staff, the ICE Health Services officer did not ask for more information regarding the incident; instead, he continued to talk over Mr. Gonzalez — impeding Mr. Gonzalez’s communication of the events.

30. Subsequently, Assistant Warden Bingham returns with several — large/plus size — uniformed ICE officers (approximately 4–5) — they were all standing outside the door — while one ICE officer, (who I was later informed is, one Assistant Field Office Director Matthew W. Reaves) came into the room and in a loud tone asked Mr. Gonzalez and I to leave; this officer, also, did not inquire about the incident.

a. Assistant Field Office Director Matthew W. Reaves looked menacing and appeared to have a weapon (I am unsure if it was a gun or taser) attached to his side via a belt. After continuing to witness the events unfold and having witnessed Mr. Cortes experience a medical emergency and those responsible for his care responding with contempt and dismissal — I became scared for the safety of myself and that of Mr. Gonzalez. Throughout the interaction, not one of the GEO or ICE officers we spoke attempted to (a) inquire about the incident that had occurred to Mr. Cortez; instead, they continuously interrupted Mr. Gonzalez and myself as we tried to explain what we had just witnessed from their personnel against a human being under their care; and (b) de-escalate the situation. Instead, there were many instances in which either Mr. Gonzalez or I were accused of raising our voices — we were treated as aggressors throughout the entire interaction by ICE officers and GEO Staff. The fear for my safety was especially heightened, at the time, I was a Deferred Action for Childhood Arrivals (DACA) recipient. I feared that the ICE officers and GEO staff would retaliate against myself for having inquired about the health and wellbeing of a human (i.e., Mr. Cortes) in their care and detain me given my immigration status.

31. Assistant Warden Bingham continued and stated that we had been asked to leave and that the police had been called on us, so they could remove us. At this point, Mr. Gonzalez and I slowly walked outside the office while the 5–7 large, plus size, ICE and GEO officers (including Assistant Warden Bingham) surrounded the perimeter of the room. They all had glares and scowls on their faces; their bodies looked tense. Mr. Gonzalez pleaded with the men that he was a lawyer and that we had permission to be in the facility. Additionally, we had not been asked to leave. One of the officers responded with “not in his office.” As Mr. Gonzalez and I continued to reason with ICE and GEO officers, we walked outside the room and into the lobby. We proceeded to sit on two chairs and waited for local police to arrive. Two of the men who had surrounded us in the room sat on chairs across the lobby; they were observing us the entire time.

32. A few minutes passed and (Mr. Gonzalez and) I observed — through glass doors — two police vehicles pull into the front of the facility’s driveway. Mr. Gonzalez then turned to me — visibly upset — and asked me to call Ms. Lopez and tell her that the police had arrived. I proceeded to call Ms. Lopez and tell her that the police had been called and that Mr. Gonzalez needed her to take his belongings, which were still inside the facility. While calling Ms. Lopez, I observed how Assistant Warden Bingham, ICE officer Matthew Reaves, and another man in ICE uniform left the facility to speak to the two police officers (to wit, Officer Perry Nelson, Badge # JA13, older white man, plus size; Officer Cody DuBois, Badge #JA5, young white man). I observed how the five white men greeted each other in a friendly manner; they shook hands and talked. From their behavior, it was clear they knew each other and were likely friends.

33. A few moments later the police officers, alongside ICE and GEO personnel, came into the lobby to talk to Mr. Gonzalez and myself. The police officers stood over us — Mr. DuBois’s body language was tense; he had a scowl on his face. Mr. Nelson proceeded to inform us that we were on private property owned by GEO group and because we had been asked to leave, we were now trespassing by remaining. Mr. Gonzalez and I pleaded with the officers and attempted to explain the incidents that occurred prior to their arrival; however, Mr. Nelson (older white officer) interrupted us and told us that we would be allowed to ask questions after he was done talking with us. Mr. Nelson continued to reiterate that the facility was owned by GEO group and told us we had three options: (1) “you can leave peacefully”; (2) “I can write you a citation for trespassing”; or (3) “I can take you to jail”. “That’s three choices”.

34. Mr. Gonzalez thanked him for the information and was about to ask his question, when he was abruptly interrupted by the older white officer, Mr. Nelson, who stated “let the nice lady go by” — this “nice lady” as Mr. Nelson referred to, was Ms. Lopez. Mr. Gonzalez told Mr. Nelson that she was with “him,” and Mr. Nelson responded, in a surprised voice, “she’s with you?”.

35. Subsequently, Mr. Gonzalez calmly attempts to explain to the police officers what had happened and how we had not been asked to leave Assistant Warden Bingham’s office; how he (Mr. Gonzalez) had pre-approval to be in that facility and visit his clients — who have the legal right to see him. Mr. Nelson agreed with everything Mr. Gonzalez had stated. However, Mr. Nelson then responded how there are HIPPA laws in place, and Mr. Gonzalez responds to him that we have a HIPPA release form and that the ICE facility should have access to this form. Mr. Nelson rebutted Mr. Gonzalez’s statement by telling Mr. Gonzalez that we need to talk to the medical staff to learn about Mr. Cortez’s well- being. Mr. Gonzalez communicated to the officer that we tried to talk with the male nurse, but we had been denied.

36. Mr. Nelson responded: “I would have a feeling that since they have, I believe a nurse that you have here, that the nurse is taking care of it.” Mr. Gonzalez inquired about how Mr. Nelson’s feelings have to do with the incident that had transpired. Officer Nelson then responded : “I am or have been a paramedic; I am still a first responder and also know that the medical [sic] has a duty that they have to provide a level of care; so therefore I have a feeling, or knowledge of the medical profession.” Mr. Gonzalez thanked him for this information and responded to Mr. Nelson how I had physically observed the nurse smirking at Mr. Cortez. “Is that a medical professional thing to do?”, Mr. Gonzalez inquired. Officer Nelson responded: “let me tell you this; right now, I’m sure they are getting the medical treatment they need;” as Mr. Nelson said “medical”, he did air quotes with his hands while smiling, as if suggesting that our client, Mr. Cortes, was in fact not getting the medical treatment he needed.

37. After observing this form of nonverbal communication from a law-enforcement officer (i.e., Mr. Nelson), I asked “why do you do air quotes for medical”; he smiled, but did not respond to my question. Mr. Gonzalez asked the officer how he knew that our client, Mr. Cortes, was in fact receiving the medical care he needs. Mr. Gonzalez proceeds to explain to the officers the events that transpired; however, neither officer communicated in a manner that indicated interest (or at least concern) in understanding why they had been called to the detention center.

38. After a few more moments of Mr. Gonzalez attempting to explain the situation, the elder, plus size, white officer, Mr. Nelson, turned to the white plus size Assistant Warden (Mr. Bingham) and asked: “would you like them removed from their property?”; to which Assistant Warden Bingham confirmed “yes.” Mr. Gonzalez requested the officers include a description of the events that transpired which culminated in the current situation. Mr. Nelson agreed that the information Mr. Gonzalez requested would appear in the report and that Mr. Gonzalez could pick up the report the next day. Officer Nelson also told Mr. Gonzalez that they were trespassing us because it was private property and that Mr. Gonzalez could not have access to his client because “They [GEO group] can change their mind at any point” because it was private property.

39. At this point we were escorted off the property by the two officers. Before parting, I request the officers provide their badge numbers, which they shared.

40. That evening, my Cornell colleagues, SIFI group members, and myself gathered and had a debrief of the incident. Due to the traumatic events, I was unable to sleep that night; I had nightmares of Mr. Cortes’s seizure, the adversarial treatment from the GEO groups staff, as well as the ICE and local police officers. I could not believe I had witnessed and experienced institutional violence when trying to inquire about the wellbeing of another human being who was held in a detention facility against his will.

41. Due to these events, I was diagnosed with Post-Traumatic-Stress Disorder (PTSD); I’m still shaken when recounting the deplorable treatment of ICE, GEO group staff, and police officers towards Mr. Gonzalez and myself when inquiring about a medical emergency I witnessed. Throughout the incident, ICE officers, GEO group staff, and police officers showed no interest for the pursuit of the truth; there was no communication of responsibility, accountability, or transparency. Till this day, I am still concerned for the wellbeing of Mr. Cortes and that of other detained immigrants at this immigration detention center.

Sworn to before me this 6th of July 2023

Monica Cornejo, PhD.