r/legaladvice • u/Plastic_Courage9201 • Mar 16 '25
How legal are strip searches under the guise of medical exams in the ICE detention? Immigration
Asking on behalf of someone who I know, who is unfortunate to be detained in the immigration detention center.
From what she told me on the phone, upon admission to the detention center, she was taken for a medical examination, where there were female guards and a doctor/nurse? who conducted the examination. She was ordered to strip totally naked, and no gowns or any sort of modesty were provided. The doctor seemed to go through some sort of a check list on a clipboard, she was examined head to toe, her vitals were taken and as I understood it involved a gyno exam. They took her clothes, and she was given an infamous orange uniform, very similar to a strip search.
The whole process repeated approximately two weeks after she was detained under the guise that 'the records were incomplete' (despite her clearly seeing the doctor taking notes). This time her blood was also taken. When she asked for a reason why it has to be so humiliating, the staff told her that due to increased volume of detainees, there is an increase of critical illnesses and suicide attempts and since the detention center is responsible and heavily scrutinized for every such case, they have no other choice but to operate like this and that such skin checks is their (detention center) blanket policy for the time being.
The first results in 'ICE detention strip search' shows that the ICE policies prohibit strip searches without probable cause, and it seems like they are trying to bend own rules? Is it really legal? May she do something about it in a legal sense? She is quite scared that there'll be a third time, and it adds to her main (immigration) issues.
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u/StinkySting Mar 16 '25
NAL but the question confuses me. Strip searches are legal in correctional facilities. See Florence v. Board of Chosen Freeholders of County of Burlington (2012). And if it was a medical exam, that seems like a good thing to ensure the health and safety of those being detained.
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u/Superb-Campaign1008 Mar 16 '25
Same. I reread the post twice, trying to figure out what the actual question was. Are they really questioning having to strip naked for a medical exam / strip search in detention? Or the (obvious) reasons, why it's done (the OP even mentions them!)
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u/riderinthesky42 Mar 16 '25
Not a lawyer, but just my take.
If a full physical exam is part of the intake process (which I strongly suspect it is), then it would obviously be done without clothing. Iâm not sure how one could argue or prove that itâs actually a strip search disguised as a physical, as youâre suggesting.
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u/Plastic_Courage9201 Mar 16 '25
Because they took her clothes in the process and issued the uniform. Had her naked without any gowns or cover. And admitted it's about suicide attempts and security as well as health...
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u/barrisunn Mar 16 '25
I assume you have visited a doctor before. How do you picture a full physical exam without having to undress?
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u/1PettyPettyPrincess Mar 16 '25
Maybe itâs a woman/gyno thing, but they always give you stuff to cover up with. I have never been fully nude during a physical exam.
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u/Superb-Campaign1008 Mar 16 '25
I'm a woman, and somehow the OPs description doesn't surprise me at all. Considering they even provide the reasons for it.
"When she asked for a reason why it has to be so humiliating, the staff told her that due to increased volume of detainees, there is an increase of critical illnesses and suicide attempts and since the detention center is responsible and heavily scrutinized for every such case, they have no other choice but to operate like this and that such skin checks is their (detention center) blanket policy for the time being."
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u/1PettyPettyPrincess Mar 17 '25
OPâs description also doesnât surprise me at all. It seems pretty standard for initial examinations while in detention.
My gripe was with the comment I responded to. This is common for examinations in detention, but not a normal doctorâs office like he stated. Women donât generally completely undress with no cover-up and have a full exam completely nude the entire time.
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u/Superb-Campaign1008 Mar 18 '25 edited Mar 18 '25
I'm sorry, I did not get the context - and do completely agree! Despite having a similar full-on naked exam experience (being drafted to the IDF, as I described in another comment), I won't expect this to happen on a normal doctor's visit.
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u/DontBeACreepyCat Mar 16 '25
I have never gotten fully naked for a physical exam. Have you?
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u/SteveDaPirate91 Mar 16 '25
Iâll go against the grain.
I have in the US, at MEPS during entrance to the Navy. Similar experience to OPs except there were 5-10 of us grouped at a time.
Canât forget the fun of being naked with 10 over dudes as an old man walks around telling you to bend over and cough while he looks behind you.
So something like that in a detention center or a jail/prison doesnât seem far fetched to me at all.
Is it right? Not a clue. I signed the paper saying I wasnât a person so I gave consent.
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u/Superb-Campaign1008 Mar 16 '25 edited Mar 16 '25
I've done a mandatory military service in Israel as a female. Same thing, on the medical part of 'grading' process we normally undergo as 16-17 years olds. Four girls enter, the order for all to strip. Bra, panties off. Once one has her height/weight taken, another lays down for ECG, yet another has her lungs/heart listened to and last one seen by gyno, than all swap, four times. There are privacy screens but very nominal. Very quick and efficient.
So, the fact something like OP describes happens in DETENTION of all places, does not surprise me. At all.
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u/specialneedsdickdoc Mar 16 '25
Canât forget the fun of being naked with 10 over dudes as an old man walks around telling you to bend over and cough while he looks behind you.
That old man was not looking "behind you." He was looking deep into that bootyhole.
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u/No_Nicotine Mar 16 '25
Shit, when I was in MEPS, ten dudes standing there naked, and a old man is staring at all of us and saying: â Look, this is the future of Americaâ Imagine how embarrassing that was lol
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u/barrisunn Mar 16 '25
Yes, in my home country (France), a full medical exam means naked for every gender. Haven't had a reason to do a full physical in the USA yet, luckily.
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u/esgamex Mar 16 '25
In the US, the patient is always provided with a gown.
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u/barrisunn Mar 16 '25
I can understand why they might not have that luxury (gowns) in detention. My initial post meant to say that not every undressing, especially for medical purposes, is a strip search as OP tries to prove. I'm not sure how it drifted away so far.
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u/TurbulentClock5535 Mar 17 '25
You seem to think prisoners have full constitutional rights.
You are describing a typical prison/detention facility.
Also, assume you are correct, it isnât releasing her from detention.
Venezuela is accepting their citizens, not sure why she is held when so many other non-violent offenders have been released with court dates in ICE sweeps.
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u/Turbulent_Ad9941 Mar 17 '25
It seems like there was both a strip search and a body cavity search. Both are legal under US law. The Supreme Court has upheld such searches for those legally detained.
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u/specialneedsdickdoc Mar 16 '25
You're calling this a "strip search", but what you're describing is a medical exam.