The settlement resolves a row prompted three years ago by the humanitarian crisis at border stations in the CBP's El Paso and Rio Grande Valley sectors, where children were housed for weeks on end in deplorable conditions in makeshift jails, without access to soap, clean water, showers, clean clothing, toilets, toothbrushes, adequate nutrition or adequate sleep.
U.S. District Judge Dolly Gee, who has been overseeing implementation of the landmark 1997 Flores settlement regarding detention of minors by federal agencies, on Friday approved the new settlement with CBP that calls for treatment of minors in its custody with dignity, respect and with special concern for their particular vulnerability as minors.
The settlement calls for the placement of children in juvenile priority facilities, where they will be given, among other things, access to toilets and showers, age-appropriate meals and snacks, adequate heating and ventilation, medical evaluations and treatment, clothing and blankets, caregivers and adequate supervision to protect minors from others.
Children who were apprehended at the border with adult family members will remain with these where it is feasible, and if it isn't, they'll have contact with their family members while in CBP custody.
"After three years of negotiations we were pleased today that federal judge Dolly Gee gave final approval to a comprehensive settlement that will substantially improve the conditions of detention for minors in border patrol custody," said Peter Schey, president of the Center for Human Rights and Constitutional Law and the lead attorney representing detained minors in the Flores case. "The settlement will result in unaccompanied minors being promptly turned over to the Office of Refugee Resettlement which will then take steps to reunite them with family members living in the U.S. Children accompanied by parents will be promptly released from Border Patrol custody rather than being turned over to ICE for further detention."
The Flores settlement was a major obstacle to President Donald Trump's "zero tolerance" policy for immigrants crossing into the U.S. from Mexico illegally. It resulted in the ill-fated separation of thousands children from their families at the border in 2018 because, unlike their parents or other adult family members, they couldn't be detained. A federal judge subsequently ordered the government to reunite the children and their families.
In 2019, the Center for Human Rights and Constitutional Law, backed by other immigrant rights groups and pro bono attorneys, asked Judge Gee to issue a temporary restraining order to force CBP to address the conditions under which children where detained in its facilities in Texas.
These conditions in which the children were detained not only endangered their health and welfare, according to the Center for Human Rights, it also undermined their human dignity and violated their human rights.
Sarah Fabian, an attorney with the Justice Department who for years defended the Trump administration's draconian immigration policies in court, said at Friday's hearing that CBP was standing by to start implementing the terms of the agreement.
The San Diego County Board of Supervisors voted 4-1 Tuesday to accept nearly $19.6 million from the Federal Emergency Management Agency to pay for a migrant transition day center to help immigrants entering the United States travel to their final destinations.
Supervisors on April 30 voted 4-1 to advance the proposal, after directing Sarah Aghassi, interim chief administrative officer, to begin programs to temporarily provide shelter, food, transportation, acute medical care, personal hygiene supplies and labor to support migrants recently released from federal Department of Homeland Security custody.
The board voted Tuesday after hearing an update from Barbara Jimenez of the county's Department of Homeless Solutions and Equitable Communities. She went through the steps county officials have taken since the FEMA money was first made available, including a meeting with nonprofits that assist migrants.
More people are crossing the U.S.-Mexico border than the Border Patrol can manage, which is a safety concern, Desmond said. He said more than 80% of migrants claiming asylum don't qualify, and there's no recourse for those who don't show up to their court date.
"I know that we never get to say the stuff that's really going on; we just sit there and have theater every day," said Lawson-Remer, who praised the CAO's office for working to prevent migrants from being stuck in the county.
SEVP is a part of the National Security Investigations Division and acts as a bridge for government organizations that have an interest in information on nonimmigrants whose primary reason for coming to the United States is to be students.
Immigration is a complex issue, and gridlock in Congress has resulted in states venturing deeper into a legal area reserved solely for the federal government. In a state like Oklahoma, this means that lawmakers introduce punitive immigration policies meant to deter immigrants from making Oklahoma their home. However, these policies are unconstitutional and unnecessarily punish Oklahoma families. Instead of pushing through anti-immigrant bills that hurt all Oklahomans, lawmakers should pass inclusive policies that positively impact all Oklahomans, including immigrants.
Punitive laws like HB 4156 will not address the root causes of migration or affect the southern border. Instead, they punish families for daring to make Oklahoma the place they call home as they work for a better life for themselves and their children. Oklahoma lawmakers need to focus on inclusive immigration policies that have positive spillover effects for all residents. When we build systems that work for marginalized populations, we ensure no one falls through the cracks, and we honor Oklahomans who contribute to our economy and communities. We have a responsibility to look after all Oklahoma residents, regardless of their immigration status.
Gabriela joined OK Policy as an Immigration Policy Analyst in August 2021. Raised in Oklahoma City, she graduated from the University of Oklahoma with a Bachelor of Arts in International Studies with minors in German, Arabic, and International Security Studies. During college Gabriela had internships at the Council on American-Islamic Relations Oklahoma, the Office of former Congresswoman Kendra Horn, and she took part in events to help educate first-generation Latinx students on how to attend college. Gabriela looks forward to using her skills at OK Policy to work towards a more equitable future for all Oklahomans.
Immigrant asylum-seekers wait for aid at the Catholic Charities Humanitarian Respite Center after being released by U.S. Customs and Border Protection in McAllen, Texas. Migrants told NPR conditions in the CBP holding cells were unhealthy. John Moore/Getty Images hide caption
U.S. Customs and Border Protection shut down its largest migrant processing center in South Texas for 24 hours on Tuesday after 32 detainees got sick with the flu. This is the same location where a 16-year-old Guatemalan boy became sick, and died Monday at another Border Patrol station.
"There are sick people. They have coughs and colds. Mainly the children, who are the most vulnerable to becoming ill," said Darwin Caballero, a 31-year-old construction worker from San Pedro Sula, Honduras, who was traveling with his 5-year-old daughter.
He and more than a dozen other migrants were interviewed at the Catholic Charities Respite Center in central McAllen. They were recently discharged from CBP's McAllen Central Processing Center, located a few miles north of the Rio Grande.
"Thank God we're OK," said Carmen Juarez, who trekked from Chiquimula, Guatemala, with her 6-year-old daughter. "We slept on the hard ground, under the stars. No mattresses, just a silver blanket. My daughter had a fever and that's why they asked us to sleep outside." She said medical personnel took her daughter, Estefani, to the hospital, where she was given medicine and gradually improved.
This is where Carlos Hernandez Vazquez was taken after he crossed the river into Texas on May 13. The 16-year-old from Baja Verapaz, Guatemala, spent six days in CBP custody, even though federal law says underage migrants must be transferred to child-friendly shelters within 72 hours.
On Sunday, a nurse practitioner diagnosed Hernandez with the flu and gave him Tamiflu. Then he was moved to the nearby Weslaco Border Patrol station because he was contagious. There, medical personnel checked on him at 6 a.m. Monday and found him "unresponsive."
Ana Lucia Fernandez, third secretary at the Guatemalan consulate in McAllen, said she has talked to the teen's older brother, who made the trek from Guatemala with him. They were separated at the border.
"They're overflowing. They're just putting them outside, on the gravel, on the pavement. We don't have places for them," said a veteran Border Patrol agent who works inside the Central Processing Center. He asked not to be named because he's not authorized to speak for the agency.
He said he's not at all surprised that a flu outbreak happened in the facility. "There are no hand-washing facilities, no showers. The smell is horrendous. Our buildings weren't built to handle this type of stuff."
"But the Border Patrol didn't cause this problem; it got dumped in our lap," he said, referring to the large number of immigrants who cross the border without authorization. He blames Congress for refusing to "get off their butts and fix the problem" by changing laws that he says attract asylum-seekers.
This grueling migrant trail from Central America to CBP detention facilities creates "the perfect storm" for getting sick, says Dr. Dolly Sevier, a Brownsville pediatrician. She has treated patients, including children, released from Border Patrol custody.
She says she's not surprised, either, by the flu outbreak at Central Processing. "What I do know is [the migrants] come out of there very dehydrated and I think they're not just getting enough fluids."
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