A man experiencing a mental health crisis was transported by ICE from the hospital

A federal court judge last week agreed to allow the Department of Homeland Security to transfer a man said to need mental health care out of state.

According to court documents, Adrian Sotelo Guzman, a Mexican national, had been detained for 72 hours at MHealth Fairview Southdale Hospital in Edina when ICE agents arrived to detain him.

The court’s request to block the transfer of Sotelo Guzman, submitted by John Bruning, a lawyer with… Hennepin County Adult Representation Services. “His caregivers at the hospital do not believe he is psychologically stable or suitable for discharge.”

An attempt to keep Sotelo Guzman in Minnesota was unsuccessful.

On the evening of February 26, US District Judge Daniel M. Traynor granted the government’s request to transfer the man out of Minnesota. Trainor, who is among four judges appointed to help handle the increase in surge-related cases, was appointed to the North Dakota district under Trump’s first administration.

According to the government’s request for Sotelo Guzman’s transfer, it “requires placement in a facility that can provide a higher level of care than any facility in Minnesota is willing to provide to the petitioner.”

Janet 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 had been sent to the El Paso Behavioral Health System in El Paso, Texas.

The hospital says the man poses a “risk of harm due to mental illness” and is seeking civil commitment

There are no prior or pending criminal cases against Sotelo Guzman in state courts. However, he has at least six petty misdemeanors, mostly related to traffic violations, on his record. Sotelo Guzman was also previously diagnosed with bipolar disorder and, according to court records, has been civilly committed for several years.

According to the application filed by Bruning, Sotelo Guzman was arrested by ICE agents on February 19.

When he was taken to the Whipple Building that day, agents saw him “having abnormal behavior and an altered condition.”

Agents transported Sotelo Guzman to Fairview Southdale where staff diagnosed him with severe mental illness. The hospital filed a petition in Hennepin County District Court on February 24 for a civil conviction “as a person who poses a risk of harm by reason of mental illness.”

A preliminary hearing in the commitment proceedings was scheduled for February 27. The hearing has been rescheduled for later this week, but it is unclear if that court date will be kept.

“Mr. Sotelo Guzman’s legal team at ARS was working to ensure that he received appropriate medical care, knowing that his removal from the hospital was against the medical advice of his providers,” Boerner said. “His mental and medical health, as well as the state’s ability to pursue civil commitment proceedings, are now uncertain.”

The Department of Homeland Security did not respond to a request for comment.

Lawyer: The man lacked decision-making capacity at the time of his discharge from the hospital

Jami Sharp is a health care worker and member of the Health Equity Committee at the immigrant advocacy organization Unidos MN.

Sharp drove to the hospital when he heard Sotelo Guzman had been released from the hospital. At the hospital, front-line workers told him that discharge had to be stopped. Sharpe says the patient was escorted out the back door of the hospital, so Sharpe and other health care workers couldn’t see or notice what was happening.

Sharp says Sotelo Guzman has been denied family visits or updates.

“This is a patient who was experiencing active psychosis without the ability to make decisions,” Sharpe said. “This means that this is someone who cannot defend themselves. What we understand is that this is someone who did not even know who he was, or where he was, or even what ICE was at the moment he left the hospital.”

Unidos MN calls for an immediate investigation into the actions of M Health Fairview Southdale Hospital regarding Sotelo Guzman.

MPR News has reached out to hospital officials for comment on the incident. In a statement shared with MPR News, a Fairview spokesperson emphasized, “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 the custody of a law enforcement agency, we provide the care and coordination they need while pursuing legal proceedings.”

The family tries 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 be grateful for your support. I am a single mother and the backbone of my family. Every one of my children and all the mothers out there who are experiencing this grief and pain, we first hope that God will hear us that family separation 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 an attorney for him in Texas.