Responding to the COVID-19 pandemic

Page last updated on May 4, 2020

As we face a public health emergency in the COVID-19 pandemic, the ACLU of Arizona understands that some measures, those grounded in science and public health, must be taken to protect the health, safety, and civil liberties of us all. As the government takes the necessary steps to ensure public health, it must also safeguard people’s due process, privacy, and equal protection rights. Below are some actions and recommendations the ACLU has issued in light of this public health crisis. We will continue to update this page.

Check out our Advocacy at Home page, where you can find resources on how to stay engaged and protect civil liberties during this difficult time. Also...coloring pages!

For more information:

For daily Arizona updates, visit http://azhealth.gov/COVID19.

Governor Doug Ducey's Declaration Of Emergency and Executive Order: https://azgovernor.gov/governor/news/2020/03/covid-19-declaration-emerge...

Additional resources: https://arizonatogether.org/

For more information about COVID-19 in English or Spanish, dial 2-1-1.

If you need public assistance, email publicassistance@az.gov.

Prisons and Jails:

5/08/20: The American Civil Liberties Union, the ACLU of Arizona, and law firm Perkins Coie LLP filed a federal lawsuit against the warden of a private prison run by CoreCivic, the United States Marshals Service, and the Bureau of Prisons. The suit demanded that the defendants ensure that the facility comply with public health guidelines to protect incarcerated people from the threat of COVID-19.

The ACLU of Arizona Campaign for Smart Justice hosted "County Attorneys and COVID-19: What’s Being Done. What Should Be Done. Where We Go From Here," a virtual townhall with Maricopa County Attorney Candidates Will Knight, Julie Gunnigle, and Bob McWhirter will attend. Current Maricopa County Attorney Allister Adel declined an invitation. We discussed the power prosecutors have to protect people from COVID-19 and whether the current response in Maricopa County is effective. Watch the recorded version here.

4/16/20: We sent a letter to Gov. Ducey urging him to use his executive authority to release people from jails and prisons, direct state and local officials to ensure health and safety for people inside, and direct jails and prisons to publicly announce information and data about their COVID response efforts. Read the letter here.

04/09/20: The ACLU of Arizona joined a broad coalition of criminal justice reform organizations and allies to send a letter to all county sheriffs urging them to use their emergency powers to release persons in their custody. More information here.

04/07/20: We joined partner organizations to ask the Arizona Department of Health Services and Dr. Cara Christ to inspect Arizona prisons. We can't #flattenthecurve if people who are incarcerated and prison staff are not protected during the COVID-19 crisis. Read the letter here.

Update 04/01/20: The ACLU of Arizona Smart Justice Campaign hosted a Facebook Live Q&A with lead attorneys on the Parsons v. Shinn prison healthcare lawsuit and Arizona state lawmakers. Watch as panelists Corene Kendrick and David Fathi and state representatives Athena Salman and Diego Rodriguez provide an update on how officials are responding to COVID-19 in prisons and answer questions from the community and people who have family members in Arizona prisons. Click here to watch a recording of the webinar.

Update 3/20/20: We are demanding the release from prisons and jails of communities vulnerable to COVID-19, as well as the release of people currently in pretrial detention. Contact Gov Ducey now and urge him to immediately release people in jails and prisons. Take Action Now.

Update 3/19/20: In a letter addressed to Gov. Ducey, police and county sheriffs, county attorneys and the attorney general, we are demanding they take immediate action to protect people in jails and prisons from the threat of COVID-19.

Update 3/18/20: In response to the emergency motion, the Arizona Department of Corrections announced on Wednesday, March 18 that it would waive medical co-pays for people in prison experiencing cold and flu-like symptoms and would make free soap available to people inside. More information can be found here: https://corrections.az.gov/sites/default/files/notifications/adcrr_covid-19_management_strategy_update_3-18-2020.pdf

The COVID-19 pandemic has the potential to excarbeate the situation inside Arizona prisons. The ACLU of Arizona, the ACLU and the Prison Law office, alongside family members of incarcerated individuals, are extremely concerned about how ADC and it's private healthcare provider Centurion, will be able to protect those in its care. Swift action must be taken to ensure the health and well-being of incarcerated persons, as well as correctional, health care and other staff members. In an emergency motion filed on March 16, 2020, we asked a judge to order the Department of Corrections to immediately work with an independent medical expert to develop and implement a plan to prevent and management a coronavirus outbreak. The emergency motion also seeks for ADC to suspend monetary charges for hygiene supplies, fees for medical screening, unblock alcohol-based sanitizer as contraband, and to work with an independent medical expert to develop and implement a plan to prevent and manage a COVID-19 outbreak.

Read more about how jails and prisons can protect incarcerated individuals: https://www.aclu.org/news/prisoners-rights/are-our-prisons-and-jails-rea...

Immigration

04/14/20: We’re demanding that CBP's Tucson Sector take immediate steps to suspend enforcement at sensitive locations and refrain from enforcement that would interfere with access to essential services during the COVID-19 pandemic. Read the letter: https://bit.ly/2RDqVTZ. 4/17/20: Read CBP's response. Border Patrol’s refusal to acknowledge community concerns shows their unwillingness to take local communities’ concerns into account. CBP must take precautions to make sure their presence at sensitive locations doesn’t deter people from seeking help

Update (04/02): Alongside The Florene Project, ACLU, and Perkins Coie LLP, we're asking for the immediate release of eight people in ICE detention who are at high risk for severe illness or death from COVID-19. Read the petition here: https://firrp.org/wp-content/uploads/2020/04/Petition-for-Writ-of-Habeas.... Update: Seven of the eight people have been released from ICE custody. We will continue to adovate for the release of people in immigration detention.

Detained people are highly vulnerable to outbreaks of contagious illnesses: often, they are held in close quarters and not provided with adequate healthcare. We are particularly concerned about the health and safety of people in CBP custody, given documented failures to provide timely and adequate medical care in the past. It is our recommendation that all vulnerable populations be released from CBP custody immediately to prevent unnecessary exposure to the disease while in detention. Recommendations to ensure the health of safety of those in CBP custody include:

Releasing detainees: CBP should mitigate the risk of an outbreak in its facilities by reducing the overall population of people in CBP custody.
Provision of hygiene supplies: The most basic aspect of infection control is hygiene. There must be consistent and ongoing access to warm water and adequate hygiene supplies in all CBP detention facilities
Educating detainees and training facility staff: Detainees and facility staff need to be informed about the virus and the measures they can take to minimize their risk of contracting or spreading the virus.
Treatment: All those exhibiting symptoms should be immediately transferred from CBP custody to the care of local hospitals or medical clinics equipped to treat the disease and mitigate its spread.

Resources for Immigrants and their Families During COVID-19

Education

3/30/20: Gov Ducey and Superintindent Hoffman announced that schools will be closed through the remainder of the school year. We would like to stress that officials should take all measures possible to minimize the impact on their communities and find ways to support vulnerable and underresourced students. When schools close, parents and guardians need to make unexpected arrangements for childcare, students lose instructional time and school meals, and families lose access to other essential services their schools traditionally provide. It is essential that school administrators of all types — traditional district, charter, private, and alternative — find ways to maintain these services while addressing the public health concerns posed by the outbreak. Below are some resources to help families and students during this time:

Schools offering meals during closures:

https://kjzz.org/content/1486956/list-arizona-schools-offering-meals-dur...

https://www.abc15.com/entertainment/events/list-resources-for-arizona-pa...

https://www.azcentral.com/story/news/local/arizona-education/2020/03/19/...

https://www.phoenixnewtimes.com/news/where-to-get-school-meals-in-the-ph...

ACLU of Arizona resources

For more information, visit the Arizona Department of Education's website: https://www.azed.gov/communications/2020/03/10/guidance-to-schools-on-covid-19/

Racial and Economic Justice

We submitted a letter to Gov. Ducey and state health director Dr. Cara Christ asking them to collect and release demographic data (including race/ethnicity data) of COVID-19 infections and deaths. Available data has shown that Black people are dying from COVID-19 at disturbingly disproportionate rates. Read the letter.

We sent a letter to state officials urging their offices to issue or expand statewide moratoria against evictions, utility shut-offs, and commit to preventing mass evictions after the moratoria end. Read the letter.

Arizona Workers’ Leave and Benefit Rights During Coronavirus: https://docs.google.com/document/d/1sNe-iBcrWILnGUapJ4SuxAeBTXUAEGVz3O91...