A federal judge extended the court agreement on Thursday ensuring safe and sanitary conditions for migrant children in federal custody, just one day after U.S. Customs and Border Protection (CBP) was set to begin self-monitoring. The agreement, originally set to end on January 29, 2025, was extended by District Judge Dolly M. Gee of California for another 18 months.
During her order, Judge Gee emphasized, "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." This statement highlights the court's concern over the welfare of children held under CBP authority.
CBP had not immediately responded to requests for comment following the judge's decision. The court-appointed monitor will continue to visit CBP facilities, particularly those located in the Rio Grande Valley and El Paso, Texas, to report on the living conditions for children.
Concerns surrounding the treatment of migrant children are not new. They were first raised during the initial Trump administration when reports emerged indicating children were being separated from families for weeks and housed under unsanitary conditions. A notable tragic incident occurred in 2019 when a Guatemalan teenager died from complications linked to inadequate medical care during their detention at the Weslaco, Texas facility.
Since then, stakeholders reached an agreement implemented in July 2022 allowing for close monitoring to track improvements by CBP. Nevertheless, the latest monitoring report filed last December noted some positive changes but highlighted tensions, including the continued practice of separating children from their parents for unspecified periods.
Internal discrepancies were also reported; the monitor shared findings indicating CBP may have underreported the number of migrant children detained beyond the recommended three-day limit.
Prior to this extension, CBP planned to initiate self-monitoring of their own facilities. The agency had asserted its readiness to assume this responsibility after issuing new guidelines centered on family unity and increasing training on detention practices. These guidelines aimed to relax the court oversight established during the Biden administration.
Despite the agency’s claims of readiness, plaintiffs contested this assertion, presenting evidence from testimonies of minors currently detained by CBP. They urged the court to renew the monitoring agreement, framing it as necessary for safeguarding the rights and health of children detained.
"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," stated Mishan Wroe, senior attorney for the National Youth Law Center. This statement encapsulates the emotional and ethical concerns surrounding migrant child detention practices.
The broader ramifications of policy changes might complicate current sentiments, especially as some Trump-era officials have pledged to end "catch-and-release" practices, aiming to restrict the release of migrants until their immigration cases are resolved. Such changes could likely lead to extended detention durations, potentially exceeding the federally recommended 72 hours for families.
Experts and advocates continue to keep their eyes on these developments, advocating for reforms to provide humane treatment to vulnerable populations seeking asylum and protection. The court's decision ensures continued oversight, hoping to navigate the treacherous waters of immigration policy reforms and the complex narratives surrounding migrant rights.