Man in apparent mental health crisis taken by ICE from hospital, transferred out of state
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A federal court judge last week agreed to allow the Department of Homeland Security to move a man reportedly in need of mental health care out of state.
According to court documents, Adrian Sotelo Guzman, who is a citizen of Mexico, was on a 72-hour hold at M Health Fairview Southdale Hospital in Edina when ICE agents arrived to take him into custody.
“Emergency department staff diagnosed him as experiencing psychosis secondary to Bipolar Disorder,” reads a court request to block Sotelo Guzman’s transfer filed by John Bruning, an attorney with Hennepin County Adult Representation Services. “His hospital providers do not believe he is psychiatrically stable or appropriate for discharge.”
The attempt to keep Sotelo Guzman in Minnesota was unsuccessful.
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On the evening of Feb. 26, U.S. District Judge Daniel M. Traynor granted a government request to transfer the man out of Minnesota. Traynor, who is among four judges assigned to help handle an increase in surge-related cases, was appointed to the District of North Dakota under the first Trump administration.
According to the government’s request to transfer Sotelo Guzman, “he requires placement at a facility that can provide a higher level of care than any facility in Minnesota is willing to provide to Petitioner.”
Jeanette Boerner, Director of the county’s Adult Representation Services, which provides legal representation and other services to low-income residents, said they were later able to confirm that Sotelo Guzman was sent to the El Paso Behavioral Health System in El Paso, Texas.
Hospital says man posed ‘risk of harm due to a mental illness’ seeking civil commitment
There are no past or pending criminal cases against Sotelo Guzman in state courts. However, he has at least a half dozen petty misdemeanors, mostly related to traffic offenses, on his record. Sotelo Guzman has also been previously diagnosed with bipolar disorder and, according to court records, was civilly committed several years ago.
According to the request filed by Bruning, Sotelo Guzman was detained by ICE agents on Feb. 19.
When he was taken to the Whipple Building that day, agents saw him “have abnormal behavior and an altered state.”
Agents transported Sotelo Guzman to Fairview Southdale where staff diagnosed him as experiencing acute mental illness. The hospital filed a petition in Hennepin County District Court on Feb. 24 to have him civilly committed “as a person who poses a risk of harm due to a mental illness.”
A preliminary hearing in the commitment proceedings was scheduled for Feb. 27. The hearing has been rescheduled for later this week, but it is unclear whether that court date will be kept.
“Mr. Sotelo Guzman’s legal team at ARS had been working to ensure he received appropriate medical care, knowing his removal from the hospital was against the medical advice of his providers,” said Boerner. “His mental and medical well-being, as well as the ability of the state to pursue its civil commitment action, are now uncertain.”
DHS has not responded to a call for comment.
Advocate: Man lacked decision making capacity at time of discharge
Jamey Sharp is a health care worker and member of the health justice committee at the immigrant advocacy organization, Unidos MN.
Sharp drove to the hospital when he heard that Sotelo Guzman was being discharged. At the hospital, front-line workers told him that the discharge needed to be stopped. Sharp says the patient was escorted out a back door at the hospital so Sharp and other health care workers could not witness or observe what was going on.
Sharp says Sotelo Guzman was denied family visitation or updates.
“This is a patient who was in active psychosis without decision-making capacity,” Sharp said. “That means that this is someone who cannot advocate for themselves. Our understanding is that this is someone who didn't even know who they are, where they are, or even what ICE was in the moment that they were discharged.”
Unidos MN is calling for an immediate investigation into the actions of M Health Fairview Southdale Hospital concerning Sotelo Guzman.
MPR News reached out to hospital officials for comment about the incident. In a statement shared with MPR News, a Fairview spokesperson emphasized that “our focus is to provide high-quality, compassionate care to every person who comes through our doors. In all cases, our clinical teams prioritize patient safety and medical stability. When an individual is in custody of a law enforcement agency, we provide the care and coordination they need while following the legal process.”
Family trying to bring him home
A GoFund Me has been set up on behalf of Sotelo Guzman’s mother. The page contains a message from her.
“From the bottom of my heart, I would appreciate your support. I am a single mother and the backbone of my family. Every single one of my children and all of the mothers out there who live this sadness and pain, we hope first God hears us that family separations will end soon. God bless everyone and take care of yourselves.”
Unidos MN is in contact with Sotelo Guzman’s family and is looking to find him a lawyer in Texas.
