Johnny Noviello died in I.C.E. custody in June.Courtesy of family
A Canadian man with epilepsy who died in the custody of U.S. Immigration and Customs Enforcement was flagged for health concerns prior to his death, a report published by the agency says.
Johnny Noviello, who died last month at a federally run prison in Miami, was prescribed medication for seizures and hypertension while incarcerated, according to the ICE death report made public Wednesday. However, he was referred by prison staff to a medical provider in early June for a health assessment, the report says.
The medical provider at the Federal Detention Center (FDC) Miami requested a mental-health referral after documenting that Mr. Noviello felt “sad and depressed.” The report doesn’t say whether he saw a mental-health provider there.
On June 8, Mr. Noviello refused a medical evaluation – the second time he had done so since being imprisoned at the facility. The next day, however, he told health care staff that he had not eaten in “a while,” the report says.
Medical providers found that he maintained “poor personal hygiene,” but displayed normal vital signs. Health care staff “discussed the importance of self-hygiene and proper diet” with him, according to the ICE report. report.
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Mr. Noviello, 49, died two weeks later, on June 23. The ICE report does not list a cause of death.
Mr. Noviello’s brother Angelo Noviello Jr. told The Globe and Mail that the family remains concerned about the events leading up to their loved one’s death.
“The only person that knows the truth is not here to speak the truth about the detention centre and how he was truly treated there,” said Angelo.
The ICE report says Mr. Noviello was found “unresponsive” by prison staff, and that medical workers arrived on scene seven minutes later to try and resuscitate him. Miami Fire Rescue Department personnel subsequently performed advanced cardiac life support for half an hour with no response.
Global Affairs Canada did not comment on the ICE death report, citing privacy concerns. Spokesperson Thida Ith said that consular officials are engaged with U.S. authorities to “gather information and are providing consular assistance to the family.”
Mr. Noviello’s family said the government has not provided any assistance.
Mr. Noviello is among eleven people to die in ICE custody since January. He spent nearly four decades living in Florida, where he was a permanent resident.
In 2023, Mr. Noviello was convicted of several drug-related charges, making him vulnerable to deportation as a non-U.S. citizen. He was arrested by ICE this May at his probation office, amid a sweeping immigration crackdown ordered by U.S. President Donald Trump.
The death report published Wednesday says Mr. Noviello was prescribed anticonvulsants at ICE’s Krome detention centre shortly after his arrest. He was also referred to a behavioural-health provider.
The behavioural-health professional at Krome “recommended a medical provider evaluate him then refer him to mental health if needed,” the report says. Mr. Noviello spent four days at Krome. The facility is ICE’s most overcrowded detention site, data from the Transactional Records Access Clearinghouse at Syracuse University show.
Mr. Noviello was subsequently transferred to FDC Miami, which is run by the federal Bureau of Prisons. ICE recently signed an agreement with the BOP to house immigration detainees at eight of its jails across the country.
Marc Stern, a correctional medical physician and faculty member at the University of Washington, said the ICE death report lacked key details, such as what kind of anticonvulsant and blood-pressure medications Mr. Noviello was prescribed.
The ICE report says Mr. Noviello’s body temperature at the time of his death was 95.5 degrees, and his blood glucose was less than half the lower limit of normal. If accurate, Dr. Stern said the findings suggest that Mr. Noviello “had been deteriorating for a while and among other things was probably not eating enough.”
The death report does not detail the dosage or regularity with which Mr. Noviello took his prescribed medications while in detention. Missing doses of epilepsy medication or inaccurate dosages can heighten the risk of health complications.
Angelo said his father had dropped off epilepsy medication for Mr. Noviello shortly after his arrest, but said it was returned with his personnel belongings after his death.
Court documents obtained by The Globe show that Mr. Noviello’s medical condition was an issue after he was arrested for his drug offences in 2017. He required a benzodiazepine to treat his epilepsy, but the county jail infirmary did not stock it. Mr. Noviello also needed another anticonvulsant, but was only receiving 75 per cent of his regular dosage while in prison.
Responding to questions about Mr. Noviello’s death report, a federal Bureau of Prisons spokesperson said the organization had “no additional information to provide.” The BOP has previously said its inmates have access to regular psychological and medical care.
ICE did not respond to The Globe’s questions. The agency has previously stated that immigration detainees are never denied emergency care.
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When detainees die in ICE custody, the immigration enforcement agency is required to publish a report within 90 days. A review of investigations published this year shows that more than half of the deceased inmates reportedly refused some form of medical care prior to their death.
An ICE directive from 2021 states that health care providers must complete a refusal form in these cases, describing the reason for refusal and evidence that the patient has been provided information on possible adverse health consequences.
Some of ICE’s death reports note that this paperwork was completed when detainees refused care. The report into Mr. Noviello’s death says he twice refused medical examinations, but does not explain why or state whether the required documentation was completed.
Last year, the advocacy group Physicians for Human Rights (PHR) published a study on deaths in ICE detention between 2017 and 2021. The report found that 95 per cent of the fatalities reviewed by PHR medical experts could have been prevented by appropriate medical care.
The report said ICE’s death reports have also “allowed the destruction of evidence, have failed to interview key witnesses, and have omitted key inculpatory facts.”