Jailed TB patient in Gwinnett could be released this week

By CRAIG SCHNEIDER
The Atlanta Journal-Constitution
Published on: 09/04/07
The Mexican day laborer jailed in Gwinnett County for refusing tuberculosis treatment could be released by the end of this week, health officials said Tuesday.

But even though Francisco Santos would no longer be contagious, the 17-year-old would still not be cured — and he would not be a completely free man.

Santos will be handed over to the custody of his mother, and both have signed a legally binding consent order saying he will comply with nine months of treatment and not leave the area.

In addition, when Santos leaves the Gwinnett County jail, federal immigration officials say they will hand him a notice to appear in court for deportation.

"He is being processed for removal," said Richard Rocha, spokesman for the U.S. Immigration and Customs Enforcement.

The consent order, approved Tuesday by Gwinnett Superior Court Judge Michael Clark, marks the latest turn in a case that has mixed two charged issues for metro Atlanta — illegal immigration and the treatment of people with tuberculosis.

Gwinnett health officials jailed Santos Aug. 24 after he refused treatment for an active, contagious case of tuberculosis and threatened to flee to his native Mexico. Santos, who lives in Duluth, quickly started treatment. The events brought to mind the recent case of Andrew Speaker, the Atlanta lawyer who traveled abroad with tuberculosis and was held in isolation when he returned.

Santos' signing of the consent order prompted health officials to cancel a court hearing planned for today on his confinement.

Santos' mother, who declined to comment Tuesday, has also been slated for deportation as an illegal immigrant, Rocha said. Enriqueta Palacios and her son are expected to appear before an immigration judge in Atlanta within a few weeks. Those proceedings can take a few months, and, pending appeals and other actions, the final deportation could come soon after that or take several more months.

In total, he may not be deported for another two years, which would provide him time to receive the treatment locally.

Gwinnett health officials say they have stressed to Santos and his mother that leaving the area and neglecting his treatment could injure him, his family and the public. He would become a fugitive and he could become contagious again.

"They've given every indication that they understand ... and they've given no clues that they intend to do anything but accept the treatment and we hope and pray that's what they adhere to," said county health spokesman Vernon Goins.

But the prospect of releasing Santos to his mother has raised some concerns that he will flee.

"Releasing somebody into the American population who is illegal and has tuberculosis is an absolutely mindless endeavor," said D.A. King, a metro Atlanta advocate for measures against illegal immigrants. "I think he should be incarcerated and separated from the American public ... before he is returned to his home country."

Remedios Gomez, the Consul General of Mexico in Atlanta, said she is watching Santos' case. Should he return to Mexico, she said, her office could help with travel and making sure that the Mexican government provides him with the proper care and medicine.

Gwinnett health officials say they have finished testing about a dozen of Santos' family members for tuberculosis. Four tested positive, but were not active and contagious, and they have started treatment. The others were negative and the health department said it does not anticipate any more testing.

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