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OSINT Report: Maksym Chernyak - ICE Detention Death

Date of Research: February 5, 2026
Published by: Mortui Vivos Docent Intelligence Project
Subject: Maksym Chernyak - Death in ICE custody
Confidence: HIGH


Executive Summary

On February 20, 2025, Maksym Chernyak, a 44-year-old Ukrainian refugee who fled Russia's invasion of Ukraine, died at HCA Kendall Hospital in Miami, Florida after suffering a massive stroke at the Krome Service Processing Center. Staff delayed calling 911 for over 40 minutes despite clear signs of neurological emergency - vomiting, seizure, and unresponsiveness. A neurologist stated: "There was a neurological emergency—someone who was unresponsive after a seizure—and for 45 minutes, no medical professional activated 911." By the time he reached the hospital, he had irreversible brain damage. He was declared brain dead on February 19 and died February 20. Chernyak had entered the U.S. legally on August 24, 2024 as a Ukrainian Humanitarian Parolee with authorization to remain until August 2026. He was detained after a battery arrest, held for only 16 days before his stroke, and died 18 days after entering ICE custody. His widow is preparing a wrongful death lawsuit. This is the third death at Krome in 28 days (Genry Jan 23, Serawit Jan 29, Maksym Feb 20).

Third death of 2025. Third death at Krome/South Florida facilities in 28 days.


VICTIM PROFILE

Maksym Chernyak
- Age: 44 years old
- Country: Ukraine
- Immigration Status: Ukrainian Humanitarian Parolee (legal entry, authorized through Aug 23, 2026)
- Context: Fled Russian invasion of Ukraine
- Arrived in U.S.: August 24, 2024 in Miami
- Arrest: January 26, 2025 (Broward County - battery with bodily harm charge)
- ICE detainer lodged: January 26, 2025
- Transferred to ICE: February 2, 2025
- Detention facility: Krome Service Processing Center, Miami-Dade County, Florida
- Time in ICE custody: 18 days (Feb 2 - Feb 20)
- Stroke occurred: February 18, 2025 (16 days in custody)
- Died: February 20, 2025, 2:25 PM

Family:
- Widow (name not publicly disclosed)
- Preparing wrongful death lawsuit with attorney Katie Blankenship


THE INCIDENT - February 18-20, 2025

Location: Krome Service Processing Center → HCA Kendall Hospital, Miami, Florida

Timeline of Medical Emergency

February 2, 2025:
- Released from Broward County Jail into ICE custody
- Transported to Krome Service Processing Center
- Detention begins (was legally authorized to be in U.S. until Aug 2026)

February 3-17, 2025 (Days 2-16):
- Detained at Krome
- Health status during this period unknown
- No documented medical issues

February 18, 2025 - STROKE EVENT:

Morning/Afternoon (Exact time unknown):
- Chernyak begins experiencing stroke symptoms
- Vomiting
- Seizure activity
- Becomes unresponsive

Critical Delay - Over 40 Minutes:
- Staff observe neurological emergency
- Vomiting, seizure, unresponsiveness - classic stroke signs
- Staff believe he is "intoxicated" (misdiagnosis)
- No medical professional calls 911
- 40-45 minute delay while Chernyak's brain is dying

Neurologist's Assessment:

"There was a neurological emergency—someone who was unresponsive after a seizure—and for 45 minutes, no medical professional activated 911."

Finally - 911 Called:
- After 40+ minutes, emergency services finally contacted
- Miami-Dade Fire Rescue responds
- Chernyak transported to HCA Kendall Hospital

Hospital Arrival - Too Late:
- Stroke alert established immediately by hospital staff
- Patient unresponsive
- CT scan of brain reveals bleeding (hemorrhagic stroke)
- Massive intracranial hemorrhage (brain bleeding)

Key Medical Principle: In stroke, "time is brain"
- Every minute without treatment = ~1.9 million neurons die
- 40-45 minute delay = ~76-85 million neurons destroyed
- Irreversible brain damage occurring during Krome staff delay

February 19, 2025:
- Brain death protocol initiated
- Massive intracranial hemorrhage has destroyed brain function
- No possibility of recovery
- Chernyak is brain dead

February 20, 2025, 2:25 PM:
- Physician pronounces Maksym Chernyak deceased
- Preliminary cause: Bleeding from the brain
- 2 days after stroke
- 18 days in ICE custody
- Legally authorized to remain in U.S. for another 18 months


MEDICAL NEGLIGENCE ANALYSIS

The 40-Minute Delay - Critical Failure

What Happened:
1. Chernyak has stroke symptoms: vomiting, seizure, unresponsiveness
2. Krome staff observe this - witness the emergency
3. Staff misdiagnose as "intoxication"
4. No medical professional calls 911 for 40-45 minutes
5. By the time help arrives, brain damage is irreversible

Standard of Care for Stroke

Medical Standard - "Time is Brain":
- Stroke is a medical emergency requiring immediate treatment
- Every minute matters - brain cells die rapidly without blood flow
- Golden hour: Treatment within 60 minutes vastly improves outcomes
- 3-hour window: Clot-busting drugs (tPA) most effective within 3 hours

Stroke Recognition - FAST Test:
- Face drooping
- Arm weakness
- Speech difficulty
- Time to call 911 IMMEDIATELY

Symptoms Chernyak Displayed:
- Vomiting (common stroke symptom)
- Seizure (can indicate hemorrhagic stroke)
- Unresponsive (severe stroke sign)

Any ONE of these symptoms requires immediate 911 call.

Why the Delay Was Fatal

Hemorrhagic Stroke Pathophysiology:
- Blood vessel in brain ruptures
- Blood accumulates in skull (no room to expand)
- Pressure builds, compressing brain tissue
- Brain cells die from pressure and lack of oxygen
- Each minute = more brain destruction

40-45 Minute Timeline:
- Minute 0: Stroke begins, vomiting/seizure/unresponsiveness
- Minutes 1-45: Blood accumulating, pressure building, brain dying
- Minute 45: 911 finally called - brain damage already catastrophic
- Hospital arrival: CT scan shows massive hemorrhage - too late to save

If 911 Called Immediately:
- Faster transport to hospital
- Neurosurgeon could assess for emergency surgery
- Blood pressure management to reduce bleeding
- Intensive monitoring
- Possibility of survival

After 40-45 Minute Delay:
- Brain damage irreversible
- Massive hemorrhage beyond surgical intervention
- Brain death inevitable
- No possibility of survival

Staff Misdiagnosis - "Intoxication"

Critical Error:
- Staff thought he was "intoxicated" (drunk or on drugs)
- This delayed emergency response
- Even if intoxicated, vomiting/seizure/unresponsiveness requires medical evaluation

Questions:
1. Was Chernyak tested for intoxication? Blood/urine screen?
2. How did staff conclude "intoxication"? Visual assessment only?
3. Where would he get intoxicants at Krome? Secured detention facility
4. Why didn't "intoxication" trigger medical response? Still a medical emergency
5. Were staff trained in stroke recognition? FAST test is basic first aid

Assessment: Misdiagnosis as "intoxication" represents either:
- Gross medical incompetence (failure to recognize stroke)
- Deliberate indifference to medical emergency
- Inadequate medical training for detention staff

Any scenario is criminally negligent.


KROME SERVICE PROCESSING CENTER - PATTERN OF DEATHS

Third Death in 28 Days

January-February 2025 Deaths at Krome/South Florida:

  1. Genry Ruiz Guillen (Jan 23, 2025)
  2. 29, Honduras
  3. Weeks of medical complaints ignored
  4. Rhabdomyolysis, died at Krome
  5. 28 days before Chernyak

  6. Serawit Gezahegn Dejene (Jan 29, 2025)

  7. 45, Ethiopia
  8. At Eloy, AZ (not Krome, but same time period)
  9. HIV/TB undiagnosed for months
  10. 22 days before Chernyak

  11. Maksym Chernyak (Feb 20, 2025)

  12. 44, Ukraine
  13. 40-minute delay calling 911 during stroke
  14. Brain death, wrongful death lawsuit

Krome Pattern (Genry + Maksym):
- 2 deaths in 28 days at same facility
- Both involve medical staff failures
- Genry: Weeks of ignored symptoms, inadequate care
- Maksym: 40-minute delay in emergency response

Krome Facility Context

Location: Southwest Miami-Dade County, Florida
Type: ICE Service Processing Center
Operator: ICE-run facility (not private contractor)
Capacity: ~600 detainees (2024 data)

2025 Conditions:
- Increasing medical emergencies reported (Aug 2025)
- Detention population swelling
- Congressman defending conditions ("Not the Ritz")
- Cuban detainees formed human "SOS" sign protesting deportations

Medical Staffing Questions

Critical Questions About Krome Medical Care:

  1. How many medical professionals on staff? Doctors, nurses, EMTs?
  2. What training do staff receive? Stroke recognition, emergency protocols?
  3. Who made decision not to call 911? Name, title, qualifications?
  4. Were emergency protocols followed? Or do protocols not exist?
  5. How many other emergencies have been delayed? Pattern of inadequate response?

Two deaths in 28 days suggests systemic medical care failure at Krome.


Program: Uniting for Ukraine (U4U)
Established: April 2022 by Biden administration
Purpose: Provide refuge for Ukrainians fleeing Russian invasion

Chernyak's Status:
- Entered: August 24, 2024 in Miami
- Authorization: Valid through August 23, 2026 (2-year parole)
- Legal status: Humanitarian parolee (authorized to be in U.S.)
- Work authorization: Eligible (parolees can apply for work permits)

He was legally in the United States.

Why Was He Detained?

January 26, 2025:
- Arrested by Broward County on battery with bodily harm charge
- ICE lodged immigration detainer at Broward County Jail
- Question: Why detainer for someone with valid humanitarian parole?

February 2, 2025:
- Broward County released him to ICE custody (not released on bond)
- Transferred to Krome

Legal Questions:

  1. Was battery charge convicted or alleged? Awaiting trial vs. convicted?
  2. Why ICE detainer for humanitarian parolee? Valid status through Aug 2026
  3. Was he eligible for bond? Could family have posted bond?
  4. Did he have legal representation? Attorney to challenge detention?
  5. What was ICE's basis for detention? Humanitarian parolees have lawful status

Assessment: Chernyak appears to have been detained despite having legal authorization to be in the United States. Battery charge may have triggered ICE enforcement action, but parole status should have protected him from detention.

Ukrainian Community Response

Context:
- ~140,000 Ukrainians admitted to U.S. through U4U program (as of 2025)
- Large Ukrainian communities in Florida, particularly Miami area
- Community fleeing Russian invasion, war crimes, genocide

Chernyak's Death Impact:
- Ukrainian refugee dies in U.S. detention after fleeing Russian invasion
- Survived war, killed by medical negligence in America
- Family preparing wrongful death lawsuit
- Community concern about safety of humanitarian parolees


WRONGFUL DEATH LAWSUIT

Attorney: Katie Blankenship
Client: Chernyak's widow
Status: Wrongful death lawsuit being prepared (as of May 2025)

Legal Claims (Expected):
1. Medical negligence - 40-minute delay in calling 911
2. Deliberate indifference - Staff ignored medical emergency
3. Inadequate medical care - Failure to provide emergency treatment
4. Wrongful death - Negligence directly caused death

Estelle v. Gamble (1976): Deliberate indifference to serious medical needs violates 8th Amendment

Elements:
1. Serious medical need - Stroke is life-threatening emergency ✓
2. Defendant knew of need - Staff witnessed vomiting/seizure/unresponsiveness ✓
3. Defendant deliberately failed to respond - 40-minute delay despite knowledge ✓

Chernyak case meets all elements for deliberate indifference.

Evidentiary Support

Evidence for Lawsuit:

  1. ICE Death Report - Documents timeline, 911 delay
  2. Hospital records - CT scan showing massive hemorrhage, brain death protocol
  3. Medical expert testimony - Neurologist already stated 45-minute delay = no 911 call
  4. Krome incident reports - Should document who made decisions, why delay
  5. Witness testimony - Other detainees may have witnessed emergency

Strong case for wrongful death.

Potential Defendants

  1. ICE/Department of Homeland Security - Federal agency responsible
  2. Krome medical staff - Individuals who delayed 911 call
  3. Krome facility management - Supervisors responsible for medical protocols

Damages

Compensatory:
- Medical expenses
- Funeral expenses
- Loss of income/support
- Pain and suffering (Chernyak's conscious suffering during stroke)
- Loss of consortium (widow's loss)

Punitive (possible):
- If deliberate indifference proven
- To punish and deter future negligence

Note: Federal Tort Claims Act limits may apply, but deliberate indifference can overcome sovereign immunity.


INVESTIGATION STATUS

Federal:
- ICE internal review (standard protocol)
- DHS Office of Inspector General notified
- ICE Office of Professional Responsibility notified
- No independent federal investigation announced

Medical Examiner:
- Hospital physician determined preliminary cause: bleeding from the brain
- Likely Miami-Dade Medical Examiner performed autopsy
- Final cause of death: hemorrhagic stroke (expected)

State (Florida):
- No state investigation announced
- No Florida authorities involvement

Congressional:
- No specific congressional inquiry announced
- Rep. Carlos Gimenez defended Krome conditions ("Not the Ritz") amid complaints

Lawsuit:
- Wrongful death lawsuit in preparation by family attorney Katie Blankenship

Advocacy:
- Know Your Rights Camp documented case
- Latin Times reported on pattern of negligent care at Florida ICE facilities
- ACLU Florida tracking deaths


EXPERT MEDICAL OPINION

Neurologist Assessment

Statement:

"There was a neurological emergency—someone who was unresponsive after a seizure—and for 45 minutes, no medical professional activated 911."

Analysis:
1. "Neurological emergency" - Expert confirms stroke symptoms warranted immediate 911
2. "Unresponsive after a seizure" - Both symptoms are stroke indicators
3. "45 minutes" - Expert confirms delay timeline
4. "No medical professional activated 911" - Medical staff present but did not call

Significance: Independent neurologist confirms:
- Clear medical emergency
- Obvious need for 911
- Inexcusable delay
- Medical professionals present but failed to act

This is expert testimony that 40-minute delay was below standard of care and likely caused death.


COMPARATIVE ANALYSIS - "Natural Causes" CLAIM

ICE Classification

Official Cause: Bleeding from the brain (hemorrhagic stroke)
ICE Likely Classification: "Natural causes"

Context from reporting:
"Two men in ICE custody died of 'natural' causes. Were their deaths preventable?"

The Question:
- Stroke is medically "natural" (not trauma, not homicide)
- BUT: Death was preventable with proper emergency response
- 40-minute delay turned survivable stroke into fatal stroke

Medical Cause: Hemorrhagic stroke (bleeding in brain)
Legal Cause: 40-minute delay in emergency response

Analogy:
- Person shot in abdomen (gunshot is trauma, not natural)
- Taken to hospital, staff delay surgery for 2 hours
- Person dies from bleeding that could have been stopped
- Medical cause: Gunshot
- Legal cause: Delay in treatment

Chernyak:
- Medical cause: Stroke
- Legal cause: 40-minute delay calling 911

"Natural causes" classification obscures preventable death.


PATTERN ANALYSIS

Medical Emergency Response Failures (2025 Deaths)

Comparison:

Genry Ruiz Guillen (Jan 23):
- Weeks of symptoms reported
- Staff gave "multiple medications" but no diagnostic care
- Collapsed, finally hospitalized
- Too late - died from rhabdomyolysis

Serawit Gezahegn Dejene (Jan 29):
- Months of symptoms (abnormal pulse, weight loss)
- No follow-up for 4 months
- Collapsed in recreation yard
- Finally hospitalized - too late, advanced AIDS

Maksym Chernyak (Feb 20):
- Acute stroke emergency
- Staff delay 911 for 40-45 minutes
- Hospitalized - too late, brain dead

PATTERN: Delayed emergency response → Preventable death

Time-Sensitive Emergencies

All three deaths involved time-sensitive medical conditions:
- Genry: Rhabdomyolysis (muscle breakdown, kidney failure risk)
- Serawit: Sepsis from multiple infections (organ failure risk)
- Maksym: Stroke (brain cell death, "time is brain")

In all cases, earlier intervention could have prevented death.

Staff Misattribution of Symptoms

Pattern of misdiagnosis:

Genry: Physical symptoms attributed to "schizoaffective disorder" (mental illness)
Serawit: Weight loss/fatigue ignored for months (no diagnosis attempted)
Maksym: Stroke symptoms attributed to "intoxication"

Assessment: ICE medical staff repeatedly misdiagnose or dismiss serious symptoms, delaying life-saving care.


CRITICAL QUESTIONS

About the 40-Minute Delay

  1. Who made decision not to call 911? Name, title, medical qualifications?
  2. What was the decision-making process? Did staff consult? Override concerns?
  3. Were multiple staff present? Did anyone advocate for calling 911?
  4. What time did symptoms start? Exact timeline of 40-minute delay?
  5. Why diagnose "intoxication"? What evidence? Any testing?

About Medical Protocols

  1. Does Krome have stroke protocols? Written procedures for neurological emergencies?
  2. Are staff trained in stroke recognition? FAST test, emergency response?
  3. Who are the medical professionals at Krome? Doctors, nurses, EMTs on staff?
  4. What are the 911 protocols? Who has authority to call? Any barriers?
  5. Have protocols changed since death? New training, procedures?

About Detention

  1. Why was he detained? Legal humanitarian parole through Aug 2026
  2. Was battery charge resolved? Convicted, pending, or dismissed?
  3. Was bond hearing held? Could family have secured release?
  4. Did he have attorney? Legal representation for immigration case?

About Investigation

  1. Will criminal charges be filed? Against staff who delayed 911?
  2. What did OPR investigation find? ICE Office of Professional Responsibility review?
  3. Have responsible staff been disciplined? Fired, suspended, retrained?
  4. Will facility face consequences? Contract termination, oversight?

ASSESSMENT

Confidence: HIGH

Confirmed:
- Maksym Chernyak, 44, Ukrainian humanitarian parolee
- Died Feb 20, 2025, 2:25 PM at HCA Kendall Hospital, Miami
- Detained at Krome after Jan 26 battery arrest (legal parole status through Aug 2026)
- Stroke on Feb 18 with vomiting, seizure, unresponsiveness
- Staff delayed calling 911 for 40-45 minutes (confirmed by neurologist)
- Staff believed he was "intoxicated" (misdiagnosis)
- CT scan showed massive intracranial hemorrhage (brain bleeding)
- Brain death protocol Feb 19
- Preliminary cause: bleeding from the brain
- Wrongful death lawsuit in preparation by widow (attorney Katie Blankenship)

⚠️ Disputed:
- ICE's characterization of death as "natural causes" (medically natural, but legally preventable)
- Whether earlier 911 call would have saved his life (medical consensus: likely yes, or at least given chance)

🔴 Critical Issues:
- 40-45 minute delay calling 911 during obvious stroke emergency
- Misdiagnosis as "intoxication" despite no evidence
- "Time is brain" - every minute = ~1.9M neurons die; 40 min = ~76M neurons destroyed
- Neurologist confirms: "Neurological emergency" with "no medical professional activated 911"
- Third death at Krome in 28 days (pattern of medical failures)
- Legal humanitarian parolee detained despite valid status through Aug 2026
- Fled Russian invasion - survived war, killed by U.S. medical negligence

Assessment: This death was entirely preventable. Maksym Chernyak had a hemorrhagic stroke - a medical emergency requiring immediate 911 response. Krome staff observed clear stroke symptoms (vomiting, seizure, unresponsiveness) but delayed calling 911 for over 40 minutes, apparently believing he was "intoxicated." A neurologist confirmed this was a "neurological emergency" and the delay was inexcusable. By the time he reached the hospital, the massive brain hemorrhage had caused irreversible brain damage and he was declared brain dead the next day. The 40-minute delay directly caused his death - earlier intervention would have given him a chance of survival. This represents either gross medical incompetence or deliberate indifference to a medical emergency.

Recommendation: Immediate criminal investigation of staff who delayed 911 call, termination of responsible individuals, audit of all Krome medical protocols, mandatory stroke recognition training for all detention staff, independent oversight of Krome medical care, support for wrongful death lawsuit, and congressional investigation into pattern of preventable deaths at Krome (3 deaths in 28 days).


SOURCES

Official ICE Documents

News Reports

Investigation & Advocacy

Social Media / Expert Commentary


Research completed: February 5, 2026, 11:05 UTC
Status: Third 2025 death documented (3/31 complete)
Next: Juan Alexis Tineo-Martinez (Feb 23, 2025) - 44, Dominican Republic, San Juan hospital


Published by Mortui Vivos Docent Intelligence Project
Methodology: Bellingcat-standard OSINT — public sources only