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E-FILED Thursday, 14 May, 2020 05:44:06 PM Clerk, U.S

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E-FILED Thursday, 14 May, 2020 05:44:06 PM Clerk, U.S 2:20-cv-02120-CSB-EIL # 6 Page 1 of 6 E-FILED Thursday, 14 May, 2020 05:44:06 PM Clerk, U.S. District Court, ILCD IN THE UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF ILLINOIS JOAQUIN HERRERA-HERRERA, Petitioner-Plaintiff, v. Case No. ________ MICHAEL DOWNEY, in his individual capacity and official capacity as Sheriff of Kankakee County; CHAD KOLITWENZEW, DECLARATION OF Chief of Corrections of the Jerome Combs NUSRAT J. CHOUDHURY IN SUPPORT OF PETITIONER’S Detention Center; ROBERT GUADIAN, Field EMERGENCY PETITION Office Director, Enforcement and Removal FOR A WRIT OF HABEAS CORPUS Operations, U.S. Immigration and Customs Enforcement; MATTHEW ALBENCE, Acting AND Director, U.S. Immigration and Customs Enforcement; and CHAD WOLF, Acting COMPLAINT FOR INJUNCTIVE Secretary, U.S. Department of Homeland AND DECLARATORY RELIEF Security, Respondents-Defendants. I, Nusrat J. Choudhury, declare as follows: 1. I am the Legal Director of the American Civil Liberties Union of Illinois (“ACLU of IL”), and I serve as counsel for the Petitioner-Plaintiff in this action. 2. I make this Declaration based on personal knowledge, and I am competent to testify regarding the following facts. 3. Attached hereto as exhibits are true and correct copies of the following: Ex. Document 1 World Health Org., WHO Coronavirus Disease (COVID-19) Dashboard, https://covid19.who.int/ (last visited May 12, 2020). 2 State of Ill., Executive & Administrative Orders, https://www2.illinois.gov/government/executive-orders (last visited May 12, 2020). 1 2:20-cv-02120-CSB-EIL # 6 Page 2 of 6 Ex. Document 3 State of Ill., Coronavirus (COVID-19) Response, https://coronavirus.illinois.gov/s/ (last visited May 12, 2020). 4 Ill. Exec. Order in Response to COVID-19 (COVID-19 Exec. Order No. 8), Ill. Exec. Order No. 2020-10, (Mar. 20, 2020), https://www2.illinois.gov/Documents/ExecOrders/2020/ExecutiveOrder-2020-10.pdf. 5 Ill. Exec. Order in Response to COVID-19 (COVID-19 Exec. Order No. 31), Ill. Exec. Order No. 2020-33 (Apr. 30, 2020), https://www2.illinois.gov/Pages/Executive- Orders/ExecutiveOrder2020-33.aspx. 6 Ill. Exec. Order in Response to COVID-19 (COVID-19 Exec. Order No. 11), Ill. Exec. Order 2020-13, (Mar. 26, 2020), https://www2.illinois.gov/Documents/ExecOrders/2020/ExecutiveOrder-2020-13.pdf. 7 Rich Shapiro, Coronavirus Could “Wreak Havoc” on U.S. Jails, Experts Warn, NBC News (Mar. 12, 2020, 12:04 PM), https://www nbcnews.com/news/us- news/coronavirus-could-wreak-havoc-u-s-jails-experts-warn-n1156586. 8 Anne C. Spaulding, MD MPH, Coronavirus COVID-19 and the Correctional Facility: For the Correctional Healthcare Worker, 17 (Mar. 9, 2020), https://www.ncchc.org/filebin/news/COVID_for_CF._HCW_3.9.20.pdf. 9 Timothy Williams and Danielle Ivory, Chicago’s Jail is Top U.S. Hot Spot as Virus Spreads Behind Bars, N.Y. Times (Apr. 8, 2020), https://www.nytimes.com/2020/04/08/us/coronavirus-cook-county-jail-chicago.html. 10 Cook Cty. Sheriff’s Office, COVID-19 Cases at CCDOC, https://www.cookcountysheriff.org/covid-19-cases-at-ccdoc/ (last visited May 12, 2020). 11 Coronavirus in Illinois Updates: Here’s What Happened March 25 With COVID-19 in the Chicago Area, Chi. Trib. (Mar. 25, 2020, 7:48 PM), https://www.chicagotribune.com/coronavirus/ct-coronavirus-pandemic-chicago-illinois- news-20200325-swgp5hlecrbabjqx52etj2rruq-story.html. 12 Josh McGhee, Stateville Prison Outbreak Signals COVID-19 Threat to Inmates, Surrounding Hospital Systems, Chi. Reporter (Apr. 13, 2020), https://www.chicagoreporter.com/stateville-prison-outbreak-signals-covid-19-threat-to- inmates-surrounding-hospital-systems/. 13 Ill. Dep’t of Corrections, COVID-19 Response, https://www2.illinois.gov/idoc/facilities/Pages/Covid19Response.aspx (last visited May 11, 2020). 14 U.S. Immigration and Customs Enforcement, ICE Guidance on COVID-19, https://www.ice.gov/coronavirus (last visited May 12, 2020). 2 2:20-cv-02120-CSB-EIL # 6 Page 3 of 6 Ex. Document 15 Daniel Coombs & Michael Irvine, Modeling COVID-19 and Impacts on U.S. Immigration and Enforcement (ICE) Detention Facilities, 2020 (“ICE Facilities Study”), J. Urb. Health 2020, https://whistleblower.org/wp- content/uploads/2020/04/Irvine_JUH_ICE_COVID19_model.pdf (last visited May 6, 2020). 16 Catherine E. Shoichet, Doctors Warn of ‘Tinderbox Scenario’ If Coronavirus Spreads in ICE Detention, CNN (Mar. 20, 2020), https://www.cnn.com/2020/03/20/health/doctors- ice-detention-coronavirus/index html. 17 Kankakee Cty. Health Dep’t., Daily COVID-19 Update for Kankakee County (May 11, 2020), https://www.kankakeehealth.org/images/COVID-19_Daily_update_5.11.pdf. 18 Sam Whitehead, CDC Director on Models for the Months to Come: 'This Virus Is Going to Be With Us', NPR (Mar. 31, 2020, 5:16 AM), https://www npr.org/sections/health- shots/2020/03/31/824155179/cdc-director-on-models-for-the-months-to-come-this- virus-is-going-to-be-with-us (Interview with CDC Director Dr. Robert Redfield). 19 Ctrs. For Disease Control and Prevention, Testing for COVID-19, https://www.cdc.gov/coronavirus/2019-ncov/symptoms-testing/testing.html (last visited May 6, 2020). 20 Ctrs. for Disease Control and Prevention, Coronavirus Disease (COVID-19), Cases in the U.S., https://www.cdc.gov/coronavirus/2019-ncov/cases-updates/cases-in-us.html (last visited May 12, 2020). 21 Ctrs. For Disease Control and Prevention, Coronavirus Disease 2019 (COVID019): People Who Are at Higher Risk, https://www.cdc.gov/coronavirus/2019-ncov/specific- groups/high-risk-complications.html (last visited May 12, 2020). 22 Ctrs. For Disease Control and Prevention, Coronavirus Disease 2019 (COVID-19): How It Spreads, https://www.cdc.gov/coronavirus/2019-ncov/prevent-getting-sick/how- covid-spreads.html (last visited May 12, 2020). 23 Ctrs. For Disease Control and Prevention, Coronavirus Disease 2019 (COVID-19): Protect Yourself, https://www.cdc.gov/coronavirus/2019-ncov/prevent-getting- sick/prevention.html (last visited May 12, 2020). 24 Sarah Mervosh, See Which States and Cities Have Told Residents to Stay Home, N.Y. Times, updated (Apr. 20, 2020), https://www.nytimes.com/interactive/2020/us/coronavirus-stay-at-home-order.html. 25 Siobhan Roberts, Flattening the Coronavirus Curve, N.Y. Times (Mar. 27, 2020), https://www.nytimes.com/article/flatten-curve-coronavirus.html. 26 Cook County Jail Now Reports 210 Inmates Have Now Tested Positive for COVID-19, NBC Chi. (Apr. 4, 2020), https://www.nbcchicago.com/news/coronavirus/cook-county- jail-now-reports-210-inmates-have-tested-positive-for-covid-19/2250366/. 3 2:20-cv-02120-CSB-EIL # 6 Page 4 of 6 Ex. Document 27 U.S. Dep’t of Health and Human Services, Ctrs. for Disease Control and Prevention, Order Suspending Introduction of Certain Persons From Countries Where a Communicable Disease Exists (Mar. 20, 2020), https://www.cdc.gov/quarantine/pdf/CDC-Order-Prohibiting-Introduction-of- Persons_Final_3-20-20_3-p.pdf. 28 Molly Parker, 3 Detainees, 1 Correctional Officer of Pulaski County Detention Center Diagnosed with COVID-19, Southern Illinoisan, updated (Apr. 13, 2020), https://thesouthern.com/news/local/3-detainees-1-correctional-officer-of-pulaski-county- detention-center-diagnosed-with-covid-19/article_8ce1ca7e-7b28-5884-8113- badf0e385a21.html. 29 Am. Cancer Soc’y, What Cancer Patients, Their Families, and Caregivers Need to Know About the Coronavirus, https://www.cancer.org/latest-news/common-questions- about-the-new-coronavirus-outbreak.html; https://www.cancer.gov/contact/emergency- preparedness/coronavirus#if-i-have-cancer-am-i-at-higher-risk-of-getting-covid-19 (last visited May 12, 2020). 30 Ctrs. for Disease Control and Prevention, Interim Guidance on Management of Coronavirus Disease 2019 (COVID-19) in Correctional and Detention Facilities (Mar. 23, 2020), https://www.cdc.gov/coronavirus/2019-ncov/downloads/guidance- correctional-detention.pdf. 31 Letter from Hena Mansori & Keren Zwick, National Immigrant Justice Center, to Matthew T. Albence, Acting Director, U.S. Immigration and Customs Enforcement, et al. (Mar. 17, 2020). 32 Immigration Court Backlog Tool, TRAC Reports, Inc., https://trac.syr.edu/phptools/immigration/court_backlog/ (last visited May 11, 2020). I declare under penalty of perjury under the laws of the United States that the foregoing is true and correct and that this declaration was executed in Chicago, Illinois on this 14th day of May, 2020. Nusrat J. Choudhury NY Reg. No. 4538302 Application for admission to CDIL pending. 4 2:20-cv-02120-CSB-EIL # 6 Page 5 of 6 CERTIFICATE OF SERVICE The undersigned, an attorney, certifies that on May 14, 2020, she caused a copy of the above and foregoing DECLARATION OF NUSRAT J. CHOUHDURY to be served on all counsel of record via the Court’s electronic filing system (CM/ECF) and to the following: By Summons Process Service: Michael Downey, Sheriff Sheriff of Kankakee County 3000 Justice Way Kankakee, IL 60901 Chad Kolitwenzew Chief of Corrections of the Jerome Combs Detention Center 3050 Justice Way Kankakee, IL 60901 By US Certified Mail: Robert Guadian Enforcement and Removal Operations U.S. Immigration and Customs Enforcement 101 W Ida B Walls Drive, Suite 4000 Chicago, IL 60605 Matthew Albence Deputy Director and Senior Official Performing the Duties of the Director of U.S. Immigration and Customs Enforcement 500 12th St., SW Washington, DC 20536 Chad Wolf Acting Secretary of Homeland Security Office of Executive Secretary, MS 0525 2707 Martin Luther King Jr. Ave SE Washington, DC 20528 Attorney General of the United States U.S. Department of Justice 950 Pennsylvania Avenue, NW Washington, DC 20530-0001 Office of the United States Attorney ATTENTION: Tami Richmond Secretary to the United States Attorney 318 S. Sixth Street 5 2:20-cv-02120-CSB-EIL # 6 Page 6 of 6 Springfield, IL 62701 By Email: Jim Rowe Kankakee County State’s Attorney [email protected] Nancy Ann Nicholson Kankakee County State’s Attorney [email protected] Hilary W.
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