诺玛·鲍伊将听诊器贴在一名十岁女孩的胸口,仔细聆听她的肺部声音。
Norma Bowe pressed a stethoscope against the 10-year-old`s chest, listening to her lungs.
此时正值阵亡将士纪念日,地点位于新泽西州纽瓦克的德莱尼大厅,这是一座移民拘留中心。这名女孩因担心被关在里面的父亲而过度换气。
It was Memorial Day outside Delaney Hall, an immigration detention center in Newark, New Jersey. The child, worried about her father locked inside, was hyperventilating.
诺玛是一位教授兼护士,曾在急诊室工作。她一边检查女孩是否有喘息声,一边指导她深呼吸。
Norma, a professor anded nurse who had previously worked in emergency rooms, told her to breathe deeply as she checked for wheezing.
透过大楼不透明的窗户,诺玛能隐约看到被拘留者紧贴玻璃的剪影。此前,数百名被拘留者因食物腐烂、饮用水带有金属味,以及无法获得药物、卫生纸和经期用品而发起绝食抗议。
Through the building`s opaque windows, Norma could make out the silhouettes of detainees pressing their bodies against the glass. Several hundred had recently gone on hunger strike over rotten food, metallic-tasting drinking water, and a lack of access to medications, toilet paper and menstruation products.
过去一年里,诺玛几乎每个周末都会将她的棕米色露营车停在德莱尼大厅大门外。这辆露营车被改装成了流动诊所,配备了缝合线、血糖仪以及创伤急救和心肺复苏设备,为家属和抗议者提供健康检查。那天,诊所的忙碌程度远超往常。“你能过来一下吗?”有人问道。
For the past year, Norma had parked her brown-and-beige camper van outside Delaney`s gates most weekends. Converted into a mobile clinic, it was stocked with sutures, glucometers and trauma and CPR kits, and offered health checks to families and protesters. That day, the clinic was busier than usual. “Can you come over here?” someone asked.
诺玛跟了过去,以为可能有人需要急救。然而,她看到的却是一堵由二十多名移民和海关执法局(ICE)特工组成的“人墙”。他们身穿准军事战术背心,手持警棍、电击枪和枪支,大多数人戴着面罩。抗议者与他们正面对峙,有些人高举手机记录现场情况。鼓声回荡。随后,有人尖叫起来。
Norma followed, thinking a person may need first aid. Instead, she encountered a wall of two dozen ICE agents in paramilitary vests, carrying batons, tasers and firearms, most of their faces masked. Protesters faced them, some holding phones in the air to record the scene. The sounds of drums echoed. Then, someone screamed.
诺玛低头一看,只见一名联邦特工正拖拽着一名年轻女子在地面上爬行,她鲜艳的粉色上衣被撕扯下来,直到只剩下一件黑色内衣。“救救我!”年轻女子喊道。
Norma looked down and saw a federal agent dragging a young woman across the ground, her bright pink shirt ripping off, until she was down to a black bra. “Help me!” the young woman shouted.
几十年前,作为一名精神科护士,诺玛曾目睹同事们在患者出现暴力行为时,伸手去拿束缚带和镇静剂。但她的本能反应截然不同:“不,让我跟他谈谈。”她会坐在患者身边,试图安抚他们的情绪。
Decades earlier, as a psychiatric nurse, Norma had watched colleagues reach for restraints and sedatives when patients became violent. Her instinct was different: “No, let me talk to him.”She would sit beside them and try to calm them down.
此刻,同样的本能再次被激发:她需要缓和局势,帮助那名被拖在地上的女子。诺玛感觉自己进入了“母亲模式”,不由自主地向前靠近。
Now that same instinct kicked in: de-escalate the situation and help the woman being dragged across the ground. Norma felt herself going into “mom mode”, moving closer.
就在这时,有人从后面把她拉了起来。一名戴着帽子、戴着黑色面罩、戴着手套的ICE特工从她身后伸手去抓她的手臂。她感觉自己的身体在空中飞舞。
That`s when someone from behind yanked her up. An ICE agent in a cap, black facemask, and gloved hands reached for her arms from behind her. She felt her body fling through the air.
诺玛的尸体脸朝下重重地摔在人行道上,有人尖叫道:“鲍博士!”
Norma`s body barreled hard on to the sidewalk face down, as someone screamed: “Dr Bowe!”
旁观者试图提供帮助。其中一人喊道:“她是医学专业人士!”69岁的诺玛知道被像一袋垃圾一样扔出去是什么感觉。她小时候曾遭受过虐待,这种经历帮助她走向了照顾他人的生活。但现在暴力事件来自一名ICE官员,正如她后来描述的那样,她“像标枪一样”投掷了她。
Bystanders tried to help. One yelled: “She`s a medical professional!”At 69, Norma knew what it felt like to be thrown like a sack of trash. She had been abused as a child, an experience that helped propel her toward a life caring for others. But now the violence came from an ICE officer, flinging her “like a javelin”, as she would later describe.
五个月前,诺玛对另一名护士亚历克斯·普雷蒂(Alex Preti)被杀感到震惊,当时他介入帮助一名在明尼苏达州街道上被联邦特工推倒在地的妇女后,ICE开枪打死了他。
Five months earlier, Norma had been horrified by the killing of another nurse, Alex Pretti, when ICE shot him to death after he stepped in to help a woman shoved to the ground by federal agents on a Minnesota street.
当诺玛感觉自己的脸撞在混凝土上时,她想到了普雷蒂。她想到了死亡。
As Norma felt her own face slam against the concrete, she thought about Pretti. And she thought about death.
一个普通人--护士、记者、建筑工人或墓地工人--在被联邦特工伤害后,需要什么才能寻求正义?
What does it take for an ordinary person – a nurse, journalist, construction laborer or cemetery worker – to seek justice after being harmed by a federal agent?
随着今年夏天以来ICE逮捕人数激增,这个问题变得越来越紧迫。美国公民自由联盟最近在八个州发布的一份报告发现,1,200多起事件中,有400多起涉及特工的不当行为,包括使用警棍使用武力或掐住人的脖子。
The question is becoming increasingly urgent as ICE arrests have surged since the summer. A recent ACLU report in eight states found that over 400 of more than 1,200 incidents involved misconduct by agents, including use of force with batons or grabbing people by their necks.
但对联邦官员采取法律行动--尤其是当ICE特工在没有标记的车辆上行动、通常戴着面具、没有明显姓名或徽章时--比起诉当地警察更困难、更复杂。
But taking legal action against a federal officer – especially when ICE agents operate from unmarked vehicles, often masked and without visible names or badges – is harder and more convoluted than suing local police.
针对城市执法部门的索赔通常会确定涉案警官的身份,并要求提供警方记录和随身摄像机镜头(取决于州公共记录法)。市政府可能需要大约45天的时间来答复,然后原告才能提起诉讼,这可能会导致陪审团审判。
A claim against city law enforcement will typically identify the officers involved and requests police records and body-camera footage (depending on state public record laws). The municipality can take about 45 days to reply before the plaintiff can then file a lawsuit, which may lead to a jury trial.
涉及ICE的索赔受到的限制要大得多。大多数人必须首先根据《联邦侵权索赔法》提起诉讼,并等待长达六个月的回复,然后才能提起诉讼。
Claims involving ICE are much more constrained. Most people must first file under the Federal Tort Claims Act and wait up to six months for a response before they can file a lawsuit.
加州大学洛杉矶分校法学院教授乔安娜·施瓦茨表示,这些“本质上是疏忽指控”。“他们是针对美国的,而不是针对个别军官。”然后,案件由法官而不是陪审团裁决。无权获得惩罚性赔偿。
These “are essentially negligence claims”, said Joanna Schwartz, a professor at UCLA school of law. “They`re brought against the United States, and not against individual officers.”The case is then decided by a judge, not a jury. There is no entitlement to punitive damages.
随着律师在提出此类索赔方面接受更多培训,施瓦茨预计他们的人数将会增加。
As lawyers receive more training in bringing such claims, Schwartz expects their number to grow.
这是一场艰苦的战斗。坚持到底需要一定的勇气、金钱和毅力。然而,随着人们试图在狭窄的法律窗口内行使自己的权利,越来越多的律师也在无偿受理案件。
It is an uphill battle. Staying the course requires a measure of courage, money and persistence. Yet an increasing number of lawyers are also taking cases pro bono as people try to exercise their rights within a narrow legal window.
7月,美国公民自由联盟同时在17个州和华盛顿特区代表遭受联邦执法部门暴力、虐待和忽视的人对联邦政府提出了54项索赔。
In July, the ACLU simultaneously filed 54 claims in 17 states and Washington DC against the federal government on behalf of people who have suffered violence, abuse and neglect at the hands of federal law enforcement.
其中一项索赔是代表诺玛·鲍(Norma Bowe)提出的,我在近二十年前第一次见到她。
One of those claims was filed on behalf of Norma Bowe, whom I first met nearly two decades ago.
我第一次在脸书上看到诺玛像一个被破坏的人体模型一样摔倒在地的视频。她从急诊室出院后发布了这篇文章。
I first saw the video of Norma careening like a busted mannequin to the ground on Facebook. She posted it after her release from the emergency room.
看这段视频感觉就像看着有人伤害我自己的阿姨一样。2008年,我在基恩大学偶然发现了诺玛的“死亡班”,当时她的等待名单已经有三年了。接下来的几年里,我一直跟随她的课程,她带着学生们走进墓地、监狱、尸检室和火葬场,教他们面对死亡,以便更好地理解生活。2014年,我出版了一本关于她作品的书。
Viewing the footage felt like watching someone hurt my own auntie. I met Norma in 2008, after stumbling across her “death class” at Kean University, which at the time had a three-year waiting list. I spent the next several years shadowing her classes as she took students into cemeteries, prisons, autopsy rooms and crematories, teaching them to face death in order to better understand life. In 2014, I published a book about her work.
我们保持联系。当她成为祖母时,我祝贺她;当我成为母亲时,她也这样做了。我知道她长期以来一直觉得有必要为那些需要照顾的人服务,或者有人代表他们辩护。
We stayed in touch. I sent congratulations when she became a grandmother; she did the same when I became a mother. I knew she has long felt called to serve people who need care or someone to advocate on their behalf.
自2020年大流行以来,诺玛一直在利用赠款和捐款运营流动诊所,为庇护所或社区中心的无证和无保险人员提供免费健康检查:新冠疫苗、检查血压、糖尿病、血糖水平或癌症、心理健康筛查、中风评估。她每天都在基恩大学教授死亡课程,就像她每个学期一样。
Ever since the 2020 pandemic, Norma had been operating the mobile clinic with grant funding and donations, offering free health checkups to undocumented and uninsured people at shelters or community hubs: Covid vaccines, checks for blood pressure diabetes, blood glucose levels or cancer, mental health screenings, stroke assessments. She spent her days at Kean University, teaching the death class, as she has every semester.
她知道,考虑到ICE的流氓和侵略性策略,特别是考虑到她已经受到的强烈反对,与ICE对抗是有风险的。
She knew it was risky to stand up to ICE, considering its rogue and aggressive tactics, and especially given the backlash she had already received.
诺玛当天在Facebook上写道:“我看完急诊室就回家了。”“这些代理人没有控制权,他们做他们想做的事而不受惩罚。德莱尼大厅的条件很糟糕。水里有毒。食物里有虫子。医疗帮助不足。”诺玛的帖子收到了24,000条评论,她的通知中充斥着巨魔的评论。
“I am just back home after the ER,” Norma wrote that day on Facebook. “These agents have no control and they do what they want with no impunity. The conditions in Delaney Hall are horrible. The water is poisoned. The food has worms. There is inadequate medical help.”Norma`s post received 24,000 comments, and her notifications exploded with comments from trolls.
一位网友写道:“远离ICE做他们的工作。”“你得到了你应得的一切。愚蠢的自由主义者。”另一个:“你应该用警棍猛击你的头。”
“Stay the hell away from ICE doing their job,” one wrote. “You got all you deserved. Stupid libturd.”Another: “You should have had your fucking head bashed in with a fucking night stick.”
当我发表评论表达支持和担忧时,其他人蜂拥而至,重点关注我的亚洲姓氏:“你认为日本将如何或正在如何处理他们的非法问题。醒醒吧。”另一个人写信给我:“回中国去。”诺玛注册了DeleteMe,这是记者也推荐的一项服务,可以从互联网上删除个人数据。
When I posted a comment expressing support and concern, others piled on, zeroing in on my Asian last name: “How do you think Japan would or is handling their illegal problem. Wake the fuck up.”And another wrote to me: “GO BACK TO CHINA.”Norma signed up for DeleteMe, a service that journalists also recommend, which scrubs personal data from the internet.
对联邦政府采取法律行动的选择是令人生畏且繁重的。作为一名在大学担任终身教职的白人女性,诺玛告诉我,她知道自己比大多数人拥有更好的安全和保护。
The choice to take legal action against the federal government is intimidating and onerous. And as a white woman who holds tenure at her university, Norma told me she knows she has better security and protections than most.
但当她想到自己州街道上其他人所发生的事情时,对她的尖酸刻薄就显得微不足道了。
But the vitriol against her felt minor when she thought of what was happening to others on the streets of her own state.
“如果他们在外面这样对待我,而且还能逍遥法外,”她说,“那他们到底在对里面的人做些什么?”去年五月,诺玛庆祝了一名获得“优等荣誉”学位的学生。几天后,美国移民和海关执法局(ICE)的探员在这名学生丈夫上班途中将他逮捕。
“If this is what theyre doing to me outside with impunity,” she said, “what the heck are they doing to the people inside?”Last May, Norma celebrated one of her students who received magna cum laude honors. A few days later, ICE agents picked up the same students husband on his way to work.
他最终被关进了德利尼大楼,而那名学生在毕业典礼结束后,还穿着学士服和长袍去探望他。
He ended up at Delaney Hall, and the student went from her graduation ceremony to visit him while still wearing her cap and gown.
就在同一个月,德利尼大楼刚刚重新开放,用于安置超过1000人,这是唐纳德·特朗普政府加强移民驱逐行动的一部分。这座两层建筑此前曾用作中途之家和拘留中心,直到2023年关闭。美国最大的私营营利性监狱运营商之一——地理集团(Geo Group)目前根据一份为期15年、价值10亿美元联邦合同运营该拘留中心。
Delaney Hall had just reopened that same month to house more than 1,000 people under Donald Trump`s ramped up immigrant deportation initiative. The two-story site previously served as a halfway house and detention center before closing in 2023. Geo Group, one of the largest private for-profit prison operators in the US, now runs the detention center under a 15-year, $1bn federal contract.
同月,纽瓦克市长拉斯·巴拉卡也参观了该设施,同行的还有包括拉莫尼卡·麦克伊弗在内的其他州级国会代表。她站在市长和探员之间,而探员们则强行将巴拉卡的双手反铐到背后,他不断重复:“我没有反抗。”ICE以擅闯罪逮捕了巴拉卡,并将其拘留了五个小时,后来撤销了指控。但政府在诉讼中声称,麦克伊弗曾“猛推”一名探员。这位女国会议员被控三项重罪,即袭击联邦探员,此案她仍在抗争。
That same month, Newarks mayor, Ras Baraka, also visited the facility, along with other congressional state representatives, including LaMonica McIver. She stood between the mayor and agents, who yanked Barakas hands behind his back in handcuffs as he repeated: “I`m not resisting.”ICE arrested Baraka for trespassing and held him in custody for five hours, later dropping charges. But the government claimed in a lawsuit that McIver had “slammed” one of the agents. The congresswoman was charged with three felony counts of assaulting federal agents, a case she is still fighting.
新泽西州州长米基·谢里尔第二天也参观了德利尼大楼。“我以一名前联邦检察官的身份说:这些正是秘密警察的特征,”谢里尔在一份声明中表示。“他们为政治议程服务,而非法治,而且他们的行为毫无问责可言。”随着时间推移,诺玛的学生分享了她在狱中探望丈夫时了解到的情况:许多囚犯都生病了,牢房里冷得结冰,水味道奇怪,还难闻。
New Jerseys governor, Mikie Sherrill, visited Delaney Hall the next day. “I say this as a former federal prosecutor: these are the hallmarks of a secret police,” Sherrillsaid in a statement. “They are acting in service to a political agenda, rather than the rule of law, and they are operating without accountability.”As the weeks stretched on, Normas student shared reports from visits with her husband inside. Many of the prisoners were sick. The cells, freezing.
到那时,诺玛每个月会有两个周六前往德利尼大厅的流动诊所,为等待中的家庭分发水、食物、毯子和婴儿配方奶粉,提供体检服务,或为人们提供座椅。她倾听每个人的故事。
The water tasted funny and smelled bad. By now, Norma was visiting Delaney Hall with the mobile clinic a couple of Saturdays a month, handing out water, food, blankets and baby formula to waiting families, offering checkups, or chairs for people to sit. She listened to everyone`s stories.
有一家人告诉她,他们无法将一名男子的膀胱癌药物带进去,而没有这种药,他可能很快就会死亡。诺玛试图向美国移民和海关执法局(ICE)官员恳求,允许她进入德利尼大厅为他服药,但并未成功。另一名被拘留者最近接受了脊柱手术,他的妻子告诉诺玛,他需要抗生素和物理治疗。还有一些人向诺玛解释说,被关在里面的亲人正抱怨出现皮疹、呕吐或流感症状。
One family told her they couldnt get a mans bladder cancer medication inside, and without it he could die soon. Norma tried to make a plea to ICE officials to let her into Delaney to administer his medication – to no avail. Another detainee had recently undergone spinal surgery, and his wife told Norma he needed antibiotics and physical therapy. Some explained to Norma that their loved ones locked inside were complaining of rashes, vomiting, or flu.
“我发现自己写了大量医疗信件,”诺玛说。家人们试图将这些信件带进去,希望能为被拘留者获得治疗或医疗护理。但他们最终都无功而返。
“I found myself writing a lot of medical letters,” Norma said. Families tried to carry these letters inside hoping to get treatment or medical care for detainees. But they came back defeated.
12月12日,诺玛得知,一名41岁的男子让·威尔逊·布鲁图斯于当天在德利尼大厅被拘留一天后死亡。ICE称,他遭遇了原因不明的“医疗紧急情况”,并死于“自然原因”。
On 12 December, Norma learned that a 41-year-old, Jean Wilson Brutus, died after a day in custody at Delaney Hall on 12 December. ICE said he experienced an unexplained “medical emergency” and died from “natural causes”.
到冬季时,至少有七名被关押在德利尼大厅的人开始绝食。根据美国移民和海关执法局卫生服务团发布的一份文件,其中一人曾“遭受强制喂食、强制补水、强制导尿或非自愿抽血”。
By winter, at least seven people detained inside of Delaney Hall had gone on a hunger strike. One person had been “subject to force feeding, hydration, or forced urinary catheterization, or involuntary blood draws”, according to a document published by the ICE Health Service Corps.
德利尼大厅并非个例。当年5月,ICE特工在波士顿洛根国际机场拘留了埃尔顿·帕维斯。作为一名拉斯塔法里派牧师,帕维斯当时正在服用治疗疟疾和糖尿病的药物。然而,根据他向联邦法院提出的申诉,在被拘留期间,他多次被拒绝领取处方药。
Delaney Hall was not an outlier. That May, ICE agents detained Elton Purvis at Boston Logan international airport. A Rastafarian priest, Purvis was taking medication for malaria and diabetes at the time. Yet in custody, Purvis said he was repeatedly denied his prescriptions, according to his federal claim.
在拘留期间,帕维斯出现了寒战、发烧和大量出汗的症状。被拘留七天后,他被送往医院。又过了好几天,他才开始接受疟疾治疗。
In detention, Purvis suffered from chills, fever, and heavy sweating. Seven days after his detainment, he was hospitalized. It took several more days for him to be treated for his malaria.
在接下来的六个月里,Purvis将从一个拘留中心转移到另一个拘留中心,在德克萨斯州皮尔索尔的南德克萨斯ICE处理中心度过最长的一段时间,该中心也由Geo Group运营。
Over the next six months, Purvis would move from detention center to detention center, spending the longest stretch at the South Texas ICE processing center in Pearsall, Texas, which is also operated by the Geo Group.
后来他详细描述了他的健康虐待是如何导致他陷入低血糖崩溃的。普维斯还报告称,他患有腹泻、脱水和营养不良,多次昏迷不醒。
He would later detail how his health mistreatment had caused him to go into a hypoglycemic crash. Purvis also reported suffering bouts of diarrhea, dehydration and malnutrition, repeatedly falling unconscious.
美国公民自由联盟将根据《联邦侵权索赔法》代表普维斯提出索赔,同一周,其律师向诺玛和其他四十多人提出索赔。(When我就这些说法联系了国土安全部,一位发言人回答说:“如果美国公民自由联盟如此致力于非法外国人犯罪事业,它应该改名。”)在拘留期间,普维斯遇到了很多经历同样困境的人,“有时甚至更糟”。
The ACLU would file a claim on Purviss behalf under the Federal Tort Claims Act the same week its lawyers filed Normas and over four dozen others. (When I reached out to the Department of Homeland Security about the claims, a spokesperson replied: “If the AMERICAN Civil Liberties Union is this committed to the cause of criminal illegal aliens, it should change its name.”) In detention, Purvis met a lot of people going through the same predicament, “and sometimes even worse”.
他告诉我,提出这一主张也是为了他们。“这感觉就像是为某件事挺身而出,我认为这是我这样做的最好机会。”阵亡将士纪念日回到德莱尼大厅,诺玛前往医院接受治疗后,参议员安迪·金(Andy Kim)出现在德莱尼大厅外,他穿着西装,打着领带,站在一排武装ICE特工和他们的装甲车以及一排抗议者之间。
Filing this claim, he told me, is for them too. “It feels like standing up for something, and I think this is the best chance I have to do so.”Back at Delaney Hall that Memorial Day, after Norma left for treatment at the hospital, Senator Andy Kim emerged outside Delaney Hall, wearing a suit and tie, standing between a line of armed ICE agents and their armored vehicles, and a line of protesters.
大约有600名男女幸存下来,政客们继续敦促调查、检查并与里面的人交谈。一名被关在里面的妇女告诉金,她被迫独自处理流产。另一名孕妇表示,她没有接受任何妇科护理。
With about 600 men and women surviving inside, politicians had continued to press for investigations, inspections and to speak to people inside. A woman being held inside told Kim she was forced to handle her miscarriage on her own. Another pregnant woman said she had not received any gynaecological care.
“你在我身后看到的残酷,这就是重点,”参议员告诉现场的一名记者。“现在,我正试图让他们不要用枪指着我们。”由于金正日仍然夹在双方之间,举起双手做出“停止”的手势,特工们向他和人群发射胡椒球。参议员不得不接受帮助来缓解他灼热的眼睛和喉咙。起诉联邦官员侵犯宪法权利,并非一直如此困难。
“The cruelty that you see behind me, this is the point,” the senator told a reporter on the scene. “Right now, I`m trying to have them not point guns at us.”With Kim still wedged between the two sides, holding his hands up in a gesture of “stop”, agents shot pepper balls toward him and the crowd. The senator had to receive aid to relieve his burning eyes and throat. It has not always been so impossible to sue federal officers for constitutional rights violations.
1971年,美国最高法院在“比文斯诉六名未具名特工案”(Bivens v Six Unknown Named Agents)的判决中,实际上降低了民众提起此类诉讼的门槛。然而,在此后的数十年间,最高法院逐步瓦解了依据“比文斯案”起诉联邦官员的剩余权利,使得《联邦侵权索赔法》成为寻求法律救济的主要途径。
In 1971, the supreme court actually made it easier for people to do so in its ruling in Bivens v Six Unknown Named Agents. But in the decades since, the court has severely dismantled any remaining rights to sue them under Bivens – leaving the Federal Tort Claims Act as the primary option left to seek any legal recourse.
上周,蕾妮·古德(Renee Good)的家人提起了两起联邦诉讼。古德是一名母亲,今年一月在明尼阿波利斯被移民执法人员枪杀。其家人依据“比文斯案”及《联邦侵权索赔法》,对开枪射杀她的执法人员以及特朗普政府的多名高级官员提起诉讼。施瓦茨告诉我,尽管此事引发了强烈的公众关注,古德的家人仍将面临与其他索赔人相同的障碍。
Last week, the family of Renee Good, the mother killed by immigration agents in January in Minneapolis, filed two federal lawsuits against the agent who shot her and several top officials in the Trump administration, under Bivens as well as the Federal Tort Claims Act. Good`s family will face the same barriers as other claimants, Schwartz told me, despite intense public attention.
诺玛(Norma)及其他索赔人等待联邦政府回应的六个月期限正在流逝。如果政府随后拒绝或无视这些索赔,原告即可提起诉讼。但对于坚持维权的人们而言,前方的道路注定漫长且充满情感上的煎熬。
The six-month clock to receive federal responses to Norma`s and the other claims is ticking. If the government then denies or ignores the claims, plaintiffs can file lawsuits. But the path forward will inevitably be lengthy and emotionally taxing for people pushing on.
洛杉矶记者肖恩·贝克纳-卡米切尔(Sean Beckner-Carmitchel)向美国公民自由联盟(ACLU)提交了一项侵权索赔,称联邦移民执法人员向他投掷了一个气体罐,击中了他的额头,导致结晶状粉末在他脸上炸开。
Sean Beckner-Carmitchel, a journalist based in Los Angeles, filed a tort claim with the ACLU against federal immigration officers after he said they hurled a gas canister in his direction, walloping his forehead. Crystalline powder exploded across his face.
他说,如果那个罐子离他的脸只有一英寸,他可能会失去一只眼睛,甚至可能丧命。
If the canister had hit his face an inch away, he said: “I could have lost an eye, or I could have died.”
他知道这是一个漫长而艰难的过程。但他告诉我,选择坚持下去,不仅仅是为了他自己。“我不想让其他人遭遇更糟糕的事情,”他告诉我,“这是我唯一知道的防止这种情况发生的方式。”两项立法——《比文斯法案》和《宪法问责法案》——可能允许人们在联邦执法人员侵犯其权利时对其提起诉讼。其他州正在考虑,或者像伊利诺伊州和佛蒙特州那样,最近已通过立法,赋予人们起诉移民和海关执法局(ICE)的权利。
He knows it is a drawn out, difficult process. But the choice to keep going, he told me, is not only about him. “I didn`t want someone else to have something even worse happen to them,” he told me. “This is the only way that I know how to prevent that.”Two pieces of legislation – the Bivens Act and the Constitutional Accountability Act – could allow people to sue federal law enforcement officers when they violate their rights. Other states are contemplating, or in the case of Illinois and Vermont, have recently passed legislation, giving people the right to sue ICE.
施瓦茨表示,此类州级裁决的法律后果尚待观察。但在州和国家层面通过更多立法,使受害者及其家属更容易追究责任之前,许多人将继续被迫应对《联邦侵权索赔法》带来的巨大障碍。
The legal outcomes of such state rulings, Schwartz said, has yet to be seen. But until more legislation on the state and national level is passed making it easier for victims and their families to seek accountability, many will continue to be forced to navigate the tremendous hurdles of the Federal Tort Claims Act.
“这是目前存在的法律,所以我们将使用它,”美国公民自由联盟(ACLU)副执行主任亚斯敏·卡德尔说,“我们将赢得胜利。”七月的一个星期五,埃德温·洛佩斯-科尔内霍告诉他的母亲,有些不对劲。
“Its the one that exists, so were going to use it,” said Yasmin Cader, ACLU deputy executive director. “And we are going to win.”On a Friday in July, Edwin López-Cornejo told his mother something was wrong.
39岁的埃德温自六月以来一直被关押在德莱尼大厅。他患有糖尿病和高血压,当致命的热浪袭击该地区时,他告诉玛丽亚·科尔内霍,他没有规律地服用药物。他的脸和手感到麻木。那是他们最后一次交谈。第二天,玛丽亚接到了大学医院的电话,要求她辨认一具尸体。
Edwin, 39, had been detained at Delaney Hall since June. He had diabetes and high blood pressure, and as a deadly heatwave hit the region, he told Maria Cornejo that he was not receiving his medications regularly. His face and hand felt numb. It was the last time they spoke. The next day, Maria received a call from University hospital asking her to identify a body.
当玛丽亚到达时,她意识到自己最可怕的恐惧已成真:桌上的死者是她的儿子。
When Maria arrived, she realized her worst fears had come true: the dead person on the table was her son.
全国范围内,根据ICE数据,自诺玛首次前往德拉尼厅以来,已有48人在ICE羁押期间死亡。一份6月份的“医生促人权组织”报告,调查了特朗普第二任期前500天内的52起死亡案件,发现存在心肺复苏延误的情况,以及因败血症死亡的被羁押者既未接受血液培养也未使用抗生素的案例。
Nationwide, 48 people had died in ICE custody since Norma first began coming to Delaney Hall, according to ICE data. A June report from Physicians for Human Rights, examining 52 deaths during the first 500 days of the second Trump administration, found delays in CPR and cases in which detainees who died from sepsis had received neither blood cultures nor antibiotics.
美联社当月的一项调查发现,至少33个州的数百名被羁押者在联邦诉讼中指控,移民拘留设施拒绝为癫痫、帕金森病、癌症和艾滋病等疾病提供充分的医疗护理。
An AP investigation that month found that hundreds of detainees in at least 33 states had alleged in federal lawsuits that immigration detention facilities denied adequate care for conditions including epilepsy, Parkinson`s, cancer and HIV.
诺玛已警告数月,德拉尼厅将会有更多人死去。她曾与“Cosecha”组织成员长谈,该组织倡导无证移民权益,并发布了数十名被羁押者签名的信件,描述内部状况。
Norma had been warning for months that more people would die at Delaney Hall. She had talked at length with members of Cosecha, an organization advocating for undocumented immigrants, which had published letters signed by dozens of detainees describing conditions inside.
一封信列举了“非人道”的卫生间条件、通风问题、尿路感染、殴打以及室内使用胡椒喷雾。“生病了得提申请,要两周才回复——要么根本没回音,”另一封信写道,并补充道:“不管什么病,只开泰诺。”Cosecha成员联系诺玛,请她去普莱恩菲尔德玛丽亚的家探望,玛丽亚在见到儿子遗体后悲痛欲绝,且自身有病,大家担心打击会加重她的病情。
One listed “inhumane” bathroom conditions, ventilation problems, urinary tract infections, beatings and the use of pepper spray inside. “If youre sick, you have to submit a request that takes two weeks to be answered – or you never get a response at all,” another said, adding: “They only prescribe Tylenol for all ailments.”Members of Cosecha contacted Norma and asked her to visit Maria at her Plainfield home, where she was distraught after seeing her sons body. Maria had medical problems of her own, and they were worried the shock might worsen her condition.
诺玛开车来到玛丽亚的花园公寓。屋内摆满绿植,墙上挂着装裱的全家福:埃德温身穿西装打领带;现年12岁的女儿身着粉色公主裙,戴着王冠和白手套。
Norma drove to Maria`s garden apartment. Decorated with plants and framed family photos hung on walls: Edwin in a suit and tie; his daughter, now 12, in a pink princess gown wearing a tiara and white gloves.
玛丽亚瘫坐在椅子上。诺玛扎破她手指采血测血糖,轻轻在指尖贴上创可贴。在埃德温葬礼前的一周里,她持续关心,送去蛋白粉,因为玛丽亚已进食困难。
Maria sat slumped in a chair. Norma pricked her finger for a blood glucose screening, gently wrapping a Band-Aid around the tip. She checked in throughout the week leading up to Edwin`s funeral, bringing her protein powder, since Maria had been unable to eat.
8月8日星期六,玛丽亚泣不成声,紧握着丈夫的手,目送儿子的棺材缓缓降入坟墓。
On Saturday, 8 August, Maria wept, holding her husbands hand as their sons casket was lowered into the ground.
四天后,诺玛等人得知第三名在德莱尼大厅被拘留者死亡的消息。何塞·查洪-拉洪自7月18日起被移民与海关执法局(ICE)羁押,国土安全部官员称他曾突发癫痫,随后在医院不治身亡。诺玛怒不可遏,深信每一起死亡本可避免。
Four days later, Norma and others learned about the death of a third person who had been detained at Delaney Hall. José Chajón-Raxón had been in ICE custody since 18 July, where Department of Homeland Security officials said he suffered a seizure, before he died at the hospital. Norma was furious, convinced that each death could have been prevented.
如果在德莱尼大厅被拘留后死亡者的家属决定寻求法律赔偿,他们和诺玛一样,很可能不得不提起联邦侵权索赔。
If the families of any of the people who died after being detained at Delaney Hall decide to seek legal compensation for damages, they too, like Norma, will likely have to resort to filing Federal Tort claims.
“我教了学生多年关于死亡的现实,”诺玛对我说。我们爱的人会因衰老、疾病离世,有时也因暴力、他杀、意外、自杀而去。正如她在课堂上所言,这是生命的一部分。很久以前,她的死亡教育课也曾提醒我,即便身处最痛苦的挑战中,也要保持对生活细微瞬间的关注。
“I have taught students for years about the reality of death,” Norma told me. People we love die of old age and illness, or sometimes violence, homicide, accidents, suicide. It is a part of life, as she tells her classes. Long ago, her death class also reminded me how to remain attentive to life`s smallest moments, even amid the most painful challenges.
但如今在美国,人们在联邦移民执法官员手中遭遇的一切,不仅令人难以理解——更是可以预防的。
But what is happening to people at the hands of federal immigration officers in the US today is not just incomprehensible – it is preventable.
诺玛告诉我,拘留中心不应沦为死亡营。目前,她能做的只有坚持出现在人们可能需要医疗援助的地方,以及未来可能出庭的法庭。
Detention centers, Norma told me, should not be death camps. For now, all she can do is keep showing up. To the places where people may need medical assistance. And to court, if that day comes.
她或许永远无法知晓伤害她的那些ICE特工的身份。但如果有朝一日能面对那些从背后抓捕她的男子,她希望直视他们卸下面具的脸庞:“如果我是你的母亲或姐妹,你会怎样?”她会追问,“你的良知何在?”
She might never know the identities of the ICE agents who hurt her. But if she ever has a chance to face the men who grabbed her from behind, she would want to look at them, unmasked: “What if I was your mother or sister?” she would ask. “Where is your humanity?”