A federal judge has extended a court agreement ensuring that migrant children in federal custody are kept in safe and sanitary conditions. This decision came just a day after U.S. Customs and Border Protection (CBP) was set to begin self-monitoring its facilities. District Judge Dolly M. Gee in California announced the extension of the agreement for an additional 18 months, originally scheduled to end on Wednesday.
In her ruling, Judge Gee stated, “CBP is not yet capable of wholly fulfilling its responsibilities under the 2022 Settlement and the FSA (Flores Settlement Agreement) without the additional support provided by the JCM (Juvenile Care Monitor) and the Court).” As a result, a court-appointed monitor will continue visiting CBP facilities in the Rio Grande Valley and El Paso, Texas, to assess conditions for children in custody.
Concerns regarding the treatment of migrant children surfaced during the early months of the Trump administration. Reports indicated that children were being separated from their families for extended periods and held in unsanitary conditions. A significant incident occurred in 2019 when a Guatemalan teenager died in custody owing to a flu outbreak and inadequate medical care at a facility in Weslaco, Texas.
Following these incidents, an agreement was reached and implemented in July 2022 that allowed a court monitor to oversee CBP’s progress for two and a half years. The monitor's last report filed in December indicated both positive changes and ongoing issues, including the separation of some parents from their children while in custody. Furthermore, discrepancies were noted in CBP’s data, which suggested the agency had underreported the number of children who surpassed the recommended three-day limit in detention.
CBP was prepared to transition to self-monitoring its facilities on Wednesday, claiming readiness after issuing new guidelines aimed at family unity and enhancing training on detention policies. However, plaintiffs argued that the agency was not prepared, citing testimony from minors held in CBP facilities. This led to a request for the renewal of the court agreement.
Mishan Wroe, a senior attorney for the National Youth Law Center, expressed relief over the court's decision, stating, “No child should be forced to spend weeks inside a windowless pod in dirty clothes with no access to the outdoors. We are relieved the Court ruled to force CBP to meet its obligations under the settlement.”
Additionally, officials from the Trump administration indicated plans to abolish “catch-and-release” policies, which allow the temporary release of migrants into the U.S. while awaiting immigration hearings. This policy shift could result in increased detention times, potentially exceeding the court-recommended 72 hours for families in custody.
