McAllen, Texas — A federal judge has decided to prolong an agreement aimed at ensuring the well-being and sanitary treatment of migrant children held in federal facilities. This decision was made a day before U.S. Customs and Border Protection (CBP) was meant to start monitoring its own conditions. The agreement, which was set to lapse on Wednesday, has now been extended by District Judge Dolly M. Gee for an additional 18 months.
In her ruling, Judge Gee pointed out that CBP has not fully met its obligations as stipulated in the 2022 Settlement and the Flores Settlement Agreement (FSA) without the ongoing assistance offered by the Juvenile Care Monitor and the court system.
Currently, a court-appointed monitor will continue to assess and report on the living conditions for minors in CBP facilities located in regions such as the Rio Grande Valley and El Paso, Texas. The need for oversight became particularly pressing during the Trump administration, when alarming reports came to light regarding children who had been separated from their families for extended periods and held in unsatisfactory conditions. A tragic incident in 2019 saw a Guatemalan teenager pass away due to a flu outbreak and inadequate medical care in a Texas facility.
An agreement was established in July 2022, designed to last for two and a half years, which allowed for ongoing monitoring of CBP’s progress in managing the treatment of these vulnerable children. The latest report from December highlighted some improvements, but it also continued to show that some parents were still being separated from their children while in custody.
Furthermore, discrepancies were reported regarding CBP’s data, which appears to indicate that the agency has been underreporting the number of children who have spent longer than the intended three days in detention. CBP had planned to initiate its own self-monitoring program as of Wednesday, asserting its preparedness for this task since December, owing to new guidelines on family unity as well as enhanced training concerning detention policies and regulations. This approach was seen as a means to reduce court oversight under the Biden administration. However, plaintiffs contested that CBP was not adequately equipped for self-monitoring, citing testimonials from minors and advocating for the renewal of judicial oversight.
Mishan Wroe, a senior attorney with the National Youth Law Center, expressed relief over the ruling, 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.” This judicial decision highlights ongoing tensions surrounding immigration policy, especially as some officials from the previous Trump administration seek to eliminate “catch-and-release” strategies and halt the release of migrants awaiting immigration court proceedings, potentially leading to longer detention periods exceeding the recommended 72 hours for families.
