ACLU filed a lawsuit Monday requesting access to COVID-19 booster shots for seven individuals (“the plaintiffs”) detained by immigration authorities. The lawsuit is aimed at Immigration and Customs Enforcement (ICE) and the Department of Homeland Security (DHS).

According to the Complaint, the seven plaintiffs have been denied the booster shot, despite multiple requests. The plaintiffs also point out that the US government currently has a surplus of COVID-19 vaccines, indicating that supply shortages are not a concern. All seven of the plaintiffs are eligible to receive the vaccine, per Centers for Disease Control and Prevention (CDC) guidelines.

The Complaint alleges that the plaintiffs are particularly vulnerable to COVID-19 because they have preexisting medical conditions and the detention centers are considered congregate settings where there is a heightened risk of exposure. As such, this puts the plaintiffs at an increased risk for a serious negative outcome if they were to contract the virus and are consequently in urgent need of the boosters.

The suit also claims that ICE has not formulated a national plan to administer booster shots to detainees, despite the recent uptick in cases. According to the suit, only 671 of the 21,000 detainees have received booster shots.

The plaintiffs argue that ICE has an obligation to care for the health of its detainees, and its failure to do so is a violation of the due process clause of the Fifth Amendment, the Administrative Procedure Act, and the Rehabilitation Act. The plaintiffs request injunctive relief ensuring that they be administered the COVID-19 booster shot, as well as an award of costs and attorneys’ fees.