A federal appeals court has mandated the release of Raheem Fulton, a Jamaican national with end-stage kidney disease, from immigration detention. This decision follows a 2-1 ruling by the U.S. Court of Appeals for the Second Circuit, emphasizing his life-threatening medical condition and unresolved legal claims requiring bail during his appeal consideration.

Fulton, currently in Immigration and Customs Enforcement (ICE) custody, faces a final removal order following a burglary conviction. The ruling comes amid increased scrutiny over medical care in ICE custody, with concerns about treatment access, continuity, and handling of medically vulnerable individuals facing deportation. The Department of Homeland Security (DHS) asserts that detainees receive adequate medical care under established protocols.

Earlier this year, the death of a deported Costa Rican man in a vegetative state prompted investigations into his detention and medical treatment. His family claimed he was overmedicated and inadequately cared for, with DHS asserting he received suitable treatment and noting his death was not in custody.

Why The Court Ordered Fulton’s Release

The court determined that Fulton met the stringent standard for bail amid his habeas corpus appeal. He showed substantial legal questions and extraordinary circumstances necessitating release. Habeas corpus allows individuals to request court reviews of custody legality and potential relief during claim consideration.

The majority stated, “We conclude that Fulton has demonstrated that (1) his petition raises substantial claims, and (2) extraordinary circumstances exist that make the grant of bail necessary to make the habeas remedy effective.”

Fulton challenges inadequate medical-discharge planning before his deportation to Jamaica. His end-stage renal disease requires regular dialysis. A prior court panel found substantial grounds in his claim regarding improper dismissal of his discharge planning request.

Fulton previously experienced a life-threatening episode after missing a dialysis appointment in ICE custody. Records showed a medical provider referred him for a kidney-transplant evaluation, which ICE declined to facilitate. The government did not argue him as a danger or flight risk.

The majority dismissed arguments suggesting Fulton could end detention by accepting deportation, stating deportation without dialysis equated to a death sentence and noting ICE’s inability to arrange post-deportation medical care.

ICE Argues Medical Arrangements Were In Place

The case arises from legal disputes over obligations in deporting immigrants with severe medical conditions. Fulton claims federal officials should ensure continued medical treatment planning before his removal to Jamaica. Judge Steven Menashi dissented, arguing Fulton failed to meet release requirements.

Menashi opposed release, suggesting Fulton’s detention results from his court-order request delaying removal during litigation. He claimed the government coordinated with Jamaican authorities to secure dialysis availability and secured health approvals from Jamaica’s Ministry of Health and Wellness.

The dissent posited that Fulton’s case centered on the necessity of additional assurances for post-deportation medical care rather than adequacy of current custody treatment.

The majority argued the medical risks combined with unresolved legal questions justified release during the appeal process. The court instructed parties to agree on release conditions or return to the panel for dispute resolutions.

Decision Raises Questions Over Deportation Care

This ruling could affect federal courts’ willingness to grant release to detainees with critical medical conditions during pending legal challenges. While it doesn’t resolve the underlying dispute, it may influence the government’s responsibilities to ensure continuity of medical care before deporting seriously ill immigrants.

A favorable ruling for Fulton could impact ICE’s handling of detainees requiring life-sustaining treatment during removals.

Contact Newsweek editors on this story: John Fitzpatrick and Gray R. Thomas