BUFFALO, N.Y. (WKBW) — A lawsuit filed Thursday in federal court in Manhattan accuses numerous people of misconduct in handling migrants, bused from New York City to a Cheektowaga hotel.
This is the latest issue New York faces in the ongoing migrant crisis.
According to the lawsuit, filed Thursday, "guests living at the Humanitarian Emergency Relief and Response Centers were subjected to victimization by both the New York State Division of Military and Naval Affairs (the "National Guard") and DocGo staff, who were involved in the sexual exploitation of guests."
The Humanitarian Emergency Relief and Response Center in Cheektowaga, according to the lawsuit, was "merely a dilapidated Quality Inn hotel, plagued by numerous issues such as unclean conditions, foul odors, damaged drywall, exposed electrical outlets and inadequate amenities."
Nate McMurray is representing the plaintiffs in this lawsuit.
"It's terrible. It's a scary situation," McMurray said. "And again, they're living in fear of people in uniform that are taking advantage of them, so I don't think in Buffalo, the City of Good Neighbors, anybody should be proud of this happening."
The lawsuit claims, "the mattresses displayed deep stains and were infested with insects, leading to the children living there being repeatedly bitten across their bodies."
"I think they're, they're in trauma. And I would say the people that brought the lawsuit, they're very brave," McMurray said.
New York National Guard Sergeant Deven Colon, the highest ranking official at Cheektowaga center, is accused of regularly "having inappropriate interactions with asylum seeker, Plaintiff Jane Doe. This was not hidden, as he would bring gifts (including Target gift cards, and Christmas gifts), make sexual comments, and take Jane Doe out of the facility to his home and to other locations for what Colon called “dates.”
On one occasion, according to the lawsuit, "he arranged for and transported Jane Doe and her children to a rental property nearly two hours away. Once there, he demanded sexual favors in exchange for his assistance to her and her family. Jane Doe, who had journeyed through jungles with her children, evaded sexual traffickers in Mexico, and crossed rivers, suddenly found herself in a snow-covered rural property in America (where she was totally isolated) with her children, facing pressure from a member of the NY National Guard for sex."
Once they returned, the lawsuit states that Colon began texting Jane Doe his regrets saying, "I am just so lost and I need to find myself again. I don’t recognize the man I have become in these last few months.” Colon also texted, "I am no longer pursing any type of Romantic relationship" and "I’m sorry the trip got so screwed up . . . I hope the kids don’t hate me."
The lawsuit says, "Colon also begged Jane Doe to keep it a secret."
But Jane Doe's daughter was also a target, according to the lawsuit.
"Jane Doe even learned that her teenage daughter was taken by one of the National Guard members to a private section of the hotel without a camera, where he groped her legs and told her she was beautiful, until her daughter ran."
"Because of these incidents," the lawsuit claims, "Jane Doe and her children now live in fear in the hotel, afraid that they will be expelled in the Buffalo cold, like other asylum seekers who fell in disfavor with the National Guard or DocGo staff."
According to a report in the New York Times, "The National Guard would neither confirm nor deny a sexual misconduct investigation in western New York, but Sgt. Deven Colon, the guardsman accused in the lawsuit of having sex with the Venezuelan woman, confirmed that an inquiry had begun."
Assemblymember Monica Wallace represents Cheektowaga. She said she is not familiar with the lawsuit but said the allegations are horrifying.
"If this is true, you know, obviously this matter should be investigated. The allegation should be taken seriously, and anybody who did anything wrong should be held accountable," Wallace said.
The executive director of the Immigration Coalition sent 7 News a statement saying, "if true, these allegations represent an unacceptable breach of trust by those who have been given the essential duty of helping all people in crisis." He says a thorough investigation is essential.
New York State Division of Military and Naval Affairs sent the following statement to 7 News' Kristen Mirand about the lawsuit:
The Division of Military and Naval Affairs takes all allegations of misconduct regarding our personnel very seriously and - if allegations are substantiated following an investigation - can result in adverse administrative and/or disciplinary actions pursuant to regulation and New York State Military Law. Criminal activities are referred to law enforcement for appropriate action.
DocGo provided the following statement to Mirand:
We are committed to ensuring the continued safety and well-being of everyone under our care. While we cannot disclose specifics, we conduct rigorous, evidence-based internal investigations into allegations regarding DocGo staff, and we have strict policies in place to address instances of misconduct.
Since the launch of our program, we’ve worked with government partners to ensure we are delivering excellent, compassionate care to asylum seekers. Emergency sites where DocGo provides services have received many visits from multiple city and state agencies since our contract began, including the New York State Office of Temporary and Disability Assistance (OTDA) who confirmed our commitment to safety and the respectful treatment of all guests.
A spokesperson for Governor Kathy Hochul provided the following statement:
Abuse and misconduct are completely unacceptable and Governor Hochul has prioritized taking action to keep everyone in the State of New York safe. The New York National Guard, as part of the United States military, has an independent disciplinary process under military law which will be followed to the fullest extent in order to hold offenders accountable.
For the past several months, Jericho Road Community Health Center case workers have been situated inside of the three hotels that are currently housing migrants in WNY. Our medical providers and legal staff have also rallied to care for these individuals and families. Our proximity has granted us the opportunity to support and care for them in their most difficult time and within a failing immigration system. While the investigation is ongoing, we are troubled by the accusations and our prayers are with the families that are impacted by this. As an organization, we are committed to continuing to love and care for our new neighbors by demonstrating the unconditional love of Jesus.
