McALLEN, Texas — A recent report reveals that despite substantial improvements in the detention centers located in Texas, some migrant children continue to be separated from their parents after crossing the border. This information comes from a final report prepared by a court-appointed monitor as part of an ongoing oversight initiative.
The heightened oversight of the Border Patrol’s facilities in Texas has come under scrutiny from President-elect Donald Trump and his supporters as part of a broader conversation regarding immigration policy.
Released on Friday, the report provides an overview of the conditions in these facilities just as Trump prepares to assume office again. While it noted advancements in the areas of sanitation, nutrition, and medical services, it highlighted a concerning practice where U.S. Customs and Border Protection (CBP) agents frequently separated minors from their adult guardians while they were in custody.
Unlike the more severe separations that characterized Trump’s previous administration’s “zero tolerance” policy, the separations mentioned in this report were temporary. They did not involve sending adults to Immigration and Customs Enforcement (ICE) detention for criminal charges or relocating children to shelters designated for minors.
In September at a facility in Donna, Texas, the report stated that agents continued the practice of holding children apart from their parents or trusted adults. However, by November, a follow-up by the monitor found family visits at the same facility to be more regular and encouraging, attributed to the facility no longer being overcrowded.
CBP has responded by implementing new guidelines aimed at promoting family unity and enhancing training in detention procedures.
“Over the past two years, CBP has made significant efforts to broaden and improve support for individuals in custody, specifically focusing on vulnerable groups such as children,” the agency explained in a statement.
Advocacy groups filed a lawsuit against the Trump administration in 2019, referencing alarming reports of overcrowding and unsatisfactory living conditions for children in federal custody. That year, nearly 70,000 migrant children were placed into federal custody, surpassing the capacity of major sports stadiums.
A legal agreement established in 2022 mandated a monitoring system designed to ensure adequate medical care and oversight, as well as maintaining family connections or facilitating communication for those who were kept apart.
The latest report indicates improved medical care as of 2024, although it also highlighted a reluctance to transfer ill children to proper medical facilities. Tragically, in 2023, during a period of overcrowding at CBP facilities, an 8-year-old girl with heart issues passed away while in custody in the Rio Grande Valley.
The current monitoring agreement is set to expire on January 29, 2025, which significantly overlaps with Trump’s return to the presidency. Leecia Welch, deputy litigation director at Children’s Rights and representing children in CBP custody, voiced apprehensions about the future of child welfare once the agreement’s oversight concludes.
“The report underscores the essential role of independent monitors in safeguarding children and illustrates that CBP remains far from fulfilling its legal obligations, indicating it is ill-prepared for self-regulation,” Welch stated in her remarks.
The broader court oversight initiated in 1997 under the Flores settlement emerged from a case involving Jenny Flores, a child from El Salvador, who contested the U.S. government in the 1980s. While the settlement was partially lifted in June, the Justice Department argued that newly implemented protections might exceed those established by the Flores agreement.
