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Judge allows ICE to force-feed Iranian asylum seeker on hunger strike

Judge allows ICE to force-feed Iranian asylum seeker on hunger strike

USA Today5 hours ago

Federal officials maintain that Mehrad Asadi Eidivand's hunger strike put his health at risk, while his attorney argues he was wrongly detained and should be released immediately.
A federal judge granted a request allowing immigration officials to force-feed an Iranian asylum seeker on hunger strike while in detention in Arizona.
Mehrad Asadi Eidivand, who lived in the U.S. on a work permit since 2023, was arrested outside his Phoenix home in May and taken to a U.S. Immigration and Customs Enforcement facility in Florence, Arizona. In protest of his detainment, the avid bodybuilder went on an initial hunger strike that left him diagnosed with acute kidney injury, court records say.
Asadi Eidivand soon began a second hunger strike, leading officials on Monday to ask a federal judge's permission to monitor his health, administer intravenous fluids and medicines, and insert a feeding tube through his nose without consent. U.S. District Judge Steven Logan granted the request the same day, writing Asadi Eidivand was at risk of organ failure.
His attorney, Rebecca Cheaves, has decried the government's request and their continued detainment of Asadi Eidivand as "abuse of authority." She said he is being wrongfully detained and pledged to fight his detention in court. She has also come out against the recent arrests of Asadi Eidivand's brother and sister-in-law, whom she believes were targeted for helping in their relative's case.
Hunger strikes in immigration detention facilities made national headlines during President Donald Trump's first term, when authorities in 2019 forced-fed a group protesting their detention in El Paso, Texas. Public pressure mounted, including from the United Nations, and a court order required authorities to stop force-feeding the group.
Asadi Eidivand's hunger strike also comes as Trump administration officials say they're "on high alert" regarding the presence of Iranian nationals in the country illegally, especially those authorities believe pose a threat to national security after the U.S. bombed three nuclear sites in Iran.
On Tuesday, the Department of Homeland Security announced the arrest of 11 Iranian nationals illegally living in the U.S., including Asadi Eidivand's brother, Mehrzad.
The Department of Homeland Security said Mehrzad faces a charge of illegally possessing a firearm. Mehrzad's wife, Linet Vartanians, a U.S. citizen, was also taken into custody and charged after she allegedly threatened to shoot immigration officials if they entered their home. Attorneys for the couple could not be reached for comment.
Authorities say Asadi Eidivand's health was waning
After declaring his intention to begin a second hunger strike on June 16, Asadi Eidivand has missed 18 meals, according to the government's court filing. It added that Asadi Eidivand had not consumed any food or water and refused to cooperate with medical staff trying to examine him.
"He is reporting full body muscle pain, palpitations, dizziness, weakness and nausea," the filing said. "He will not sit or stand for medical or custody staff and is refusing any hospital transfer."
Federal authorities said Asadi Eidivand "is at the point where he requires immediate medical intervention to prevent further deterioration of his health and to prevent serious medical complications."
The proposed medical intervention would first involve an assessment of his health, including an analysis of his vital signs, clinical condition and laboratory tests. Depending on the results, officials may need to administer IV fluid, medicine and nutrition through a nose tube, the government's filing said.
It added that "soft restraints may be required to immobilize" Asadi Eidivand, should he continue to refuse to cooperate, to prevent injury to Asadi Eidivand and medical staff.
Representatives for ICE and the federal prosecutor's office in Arizona have not returned request for comment.
In a status report filed in federal court on June 25, immigration officials said they have not conducted any involuntary monitoring or treatment of Asadi Eidivand because he began eating food and complying with medical examinations. Officials noted in the court filing, however, that he has "not stated that he is ending his hunger strike."
"To the contrary, he has expressly stated that he is eating and drinking against his will," the report said.
Attorney slams government's motion
Cheaves, Asadi Eidivand's attorney, described the government's request as "inhumane" and said she plans to fight his detainment.
Immigration enforcement officials "would rather waste more time and government money, than admit that they are at fault for arresting him illegally, and not releasing him," she said.
In her more than a decade of representing immigration clients, Cheaves said she has never seen a request to force-feed a detainee.
"They should use some of their resources for psychological counseling for Mehrad, because he's probably been through a lot of trauma while being detained," Cheaves said.
Asadi Eidivand fled Iran for fear of his life, family says
Asadi Eidivand entered the U.S. in May 2022 at the U.S.-Mexico border in California and quickly requested asylum, Vartanians told the Arizona Republic before her arrest over the weekend.
She said Asadi Eidivand fled Iran because he is a Christian and feared for his life. 'If he is sent back to Iran, he could be executed for his beliefs," she said.
Asadi Eidivand was detained for 90 days in 2022 and released on bond. His family maintains that he has complied with all requirements since that time, including appearing at a Texas court in 2023 where a judge advised him to apply for a work permit.
After receiving the permit, Asadi Eidivand got an Arizona driver's license and began working as an Uber driver. His next court date was scheduled for April 1, 2026, in Dallas.
But on May 31, ICE officers in Phoenix detained Asadi Eidivand at his apartment.
Judge twice grants ICE permission to force-feed Asadi Eidivand
Upon arrival at the ICE facility in Florence, Asadi Eidivand went on a hunger strike, demanding to be taken before a judge or be freed. After several days, he was hospitalized and diagnosed with acute kidney injury. At that point, the government sought a temporary restraining order to involuntarily monitor, hydrate and feed Asadi Eidivand.
The order was granted by a judge, but the government soon moved to dismiss it after Asadi Eidivand "declared an end to his hunger strike and was eating consistently," court records said.
He resumed the hunger strike on June 16 after he was not allowed to attend a hearing in his immigration case, said Cheaves. While his sister-in-law was able to get a judge to schedule a hearing for his asylum claim in September, she said he's remained distressed about his continued detention.
In its June 23 filing, the government said Asadi Eidivand's "stated reason for his hunger strike is his displeasure that his immigration hearing was reset to September 2025."

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