Wrongful Death Suit Cites Negligence and Discrimination on Behalf of Transgender Immigrant

Following the death of Roxsana Hernandez, a Honduran transgender immigrant living with HIV, law firm Grant & Eisenhofer, Transgender Law Center, and the Law Office of Daniel Yohalem filed a complaint on behalf of Ms. Hernandez’s family. The trio of civil rights advocates aims to hold the U.S. Immigration and Customs Enforcement, the U.S. Customs and Border Protection, and the United States Department of Homeland Security responsible for Ms. Hernandez’s wrongful death, citing negligence and discrimination.

Seeking asylum at San Ysidro Port of Entry in California, Ms. Hernandez was detained and eventually transported to New Mexico. Throughout her transport, she became increasingly ill, but was repeatedly denied basic human necessities such as water and restroom access, and urgently-needed medical care despite her rapidly deteriorating condition. Ms. Hernandez ultimately died while in custody less than a month after presenting herself for asylum in the U.S. “Every U.S. agency that Roxsana interacted with on her journey caused her harm and ultimately failed her,” said Dale Melchert, an attorney for the Transgender Law Center. Kimberly Evans of Grant & Eisenhofer also notes, “The gravity of Roxsana’s case, and the immediate need to end the detention of transgender people in the U.S. cannot be overstated.”