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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 Today

time10 hours ago

  • Politics
  • USA Today

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

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."

ICE Detainee on Hunger Strike Could Be Force-Fed
ICE Detainee on Hunger Strike Could Be Force-Fed

Newsweek

time2 days ago

  • Politics
  • Newsweek

ICE Detainee on Hunger Strike Could Be Force-Fed

Based on facts, either observed and verified firsthand by the reporter, or reported and verified from knowledgeable sources. Newsweek AI is in beta. Translations may contain inaccuracies—please refer to the original content. The federal government is seeking permission to force-feed an Iranian asylum-seeker on hunger strike while detained at an Immigration and Customs Enforcement (ICE) facility in Arizona. On May 31, agents arrested Mehrad Asadi Eidivand outside his home in Phoenix, and he has been held in an ICE detention facility in Florence since then. According to court documents filed on Monday, the government is seeking to "monitor Defendant Mehrad Asadieidivand's medical condition and to administer intravenous fluids and medications without Mr. Asadieidivand's consent." Newsweek contacted the Department of Homeland Security (DHS) and ICE for comment by email outside regular working hours. An illustrative photo of Immigration and Customs Enforcement agents with an inset of Mehrad Asadi Eidivand, whom ICE agents arrested outside his home in Phoenix on May 31. An illustrative photo of Immigration and Customs Enforcement agents with an inset of Mehrad Asadi Eidivand, whom ICE agents arrested outside his home in Phoenix on May 31. Bryan Cox/ICE/AP/Eidivand Family Why It Matters The outcome of this court request could set a precedent on how far U.S. immigration authorities may go in overriding detainees' refusal of food and medical care. Since returning to office in January, President Donald Trump has overseen a major crackdown on immigration. Under his administration, ICE has ramped up arrests across the country and vowed to remove millions of individuals living in the U.S. without legal status. What To Know The court filings said Asadi Eidivand engaged in a "dry hunger strike" from June 6 to 13, which resulted in him being taken to the hospital and later diagnosed with acute kidney injury. The documents added that the government was granted a temporary restraining order to "involuntarily monitor, hydrate and feed Mr. Asadieidivand," but officials later moved to dismiss the action when he ended his hunger strike on June 16. However, on June 16, Asadi Eidivand "declared his intention to begin a second hunger strike," and the action was officially declared on June 20 after he missed nine meals, according to the filings. As of breakfast on June 23, Asadi Eidivand had missed 18 meals and had not consumed any food or water. The filings said that on June 22, he "began refusing to allow medical staff to perform vital sign assessments, physical examinations, and routine laboratory testing." "He is reporting full body muscle pain, palpitations, dizziness, weakness and nausea. He will not sit or stand for medical or custody staff and is refusing any hospital transfer," the documents continued. The government is concerned that Asadi Eidivand could "decompensate very quickly" as his second hunger strike began before he fully recovered from his acute kidney injury. The filings also said that if Asadi Eidivand continued to refuse to cooperate with medical staff, "soft restraints may be required to immobilize him and prevent unnecessary injury to both Mr. Asadieidivand and the medical staff." The government said the DHS secretary, through ICE, was "authorized to provide medical treatment to aliens who require treatment during removal proceedings." "There are legitimate government interests in preserving the life of an immigration detainee, maintaining security and orderly operations in immigration detention facilities, and avoiding burdensome and unnecessary litigation," it added. Rebecca Cheaves, Asadi Eidivand's attorney, told Newsweek that he had the legal right to undertake a hunger strike. "He is an example of what the Founding Fathers wanted for all people. When our natural rights to life, liberty and the pursuit of happiness become violated and destructive, it is the right of the people to alter or abolish it," she said. Asadi Eidivand entered the U.S. from Mexico in May 2022, requesting asylum at the California border, The Arizona Republic reported, citing his sister-in-law, Linet Vartanians. Authorities detained him for 90 days before release, during which time he complied with court protocol and received authorization to work and drive, according to Vartanians. What People Are Saying Rebecca Cheaves, Asadi Eidivand's attorney, told Newsweek in a statement: "Considering that Mehrad is being illegally detained and that he should be out on humanitarian parole as he was processed in 2022 as an arriving alien, found to be credible and granted a positive finding from an asylum officer for fear of return to Iran for being a Christian, this is inhumane treatment. "Due to the discrimination of ICE, he was targeted and arrested in May 2025 in Phoenix, Arizona, under false pretenses and lies that ICE officers told him outside of his home to arrest him. Now Mehrad sits in federal immigration custody in Florence, Arizona, for absolutely no reason. Instead of doing what is right, they want to force-feed him? That is insane. I believe ICE only is trying to protect their own interests and do not care about Mehrad's medical condition. They just don't want him to die on their watch." The government said in its filing: "Continued fasting will result in permanent damage to internal organs and has the potential to become life-threatening. Specifically, Mr. Asadieidivand is at risk of experiencing metabolic acidosis and life-threatening dehydration, which can lead to organ damage and decreases access to peripheral veins, which would be critical should he reverse his hunger strike since this is how fluids would be rapidly provided to him. At that point, intravenous infusion of liquids, including electrolytes, multivitamins, glucose, and potassium, will be immediately necessary. … "Based on Mr. Asadieidivand's current physical condition and the inability to monitor his medical status and condition, it is the opinion of the medical providers at FDC that that involuntary medical and laboratory monitoring are necessary." What Happens Next A federal judge has yet to rule on the government's application for authority to force-feed Asadi Eidivand. Cheaves told The Arizona Republic that she had managed to get a judge to schedule a hearing for Asadi Eidivand's asylum case in September.

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