As migrant youth continue to suffer in harmful detention conditions, federal judge extends enforcement of needed reforms

Court orders government to adhere to terms of 2022 settlement, which keeps migrant families together and sets standards for the conditions in which children are held

LOS ANGELES — A federal judge on Thursday granted an 18-month extension of a key settlement agreement that requires the government to adhere to basic humanitarian standards for children held in certain U.S. Customs and Border Protection (CBP) facilities. The court’s order was issued after years of noncompliance by CBP, which has continued to deny detained children of their basic rights.

The 2022 settlement agreement established a 2.5-year period for CBP to make critical changes at its Rio Grande Valley and El Paso sector facilities and was set to expire this week. It clarifies CBP’s obligations under the Flores Settlement Agreement, which establishes a baseline of care for youth in federal immigration custody. It outlines several provisions, including: extensive medical protocol requirements to address dangerously substandard medical care in custody; provisions requiring that children be held with their families and have visitation if separated; and access to basic sanitation and hygiene, a child-friendly, trauma-informed environment, phones and legal service providers, and a caregiver program.

However, CBP has never fully complied with the settlement agreement. The motion for its extension was filed by attorneys with the National Center for Youth Law (NCYL), Children's Rights, and Center for Human Rights and Constitutional Law (CHRCL), who represent youth in federal immigration custody. 

"We are relieved the Court affirmed the rights of detained immigrant children under the Flores Settlement and required the government to comply with its legal obligations. Children should never be subjected to spending weeks confined in windowless rooms with no opportunity to go outside," said Mishan Wroe, Senior Attorney at the National Center for Youth Law who argued the motion last week. "This ruling makes it possible for Flores counsel and the independent monitors to continue to hold CBP accountable. We will never stop fighting for the safety and dignity of all children."

Attorneys representing youth and an independent monitor, appointed as part of the settlement, have consistently found CBP to be not in compliance with the settlement’s terms. NCYL, Children’s Rights, and CHRCL initially filed a motion on Dec. 20 to extend the settlement's enforcement.

"The settlement outlines basic rights like adequate food, the opportunity to sleep, and access to medical care for vulnerable children in CBP custody,” said Sarah Kahn, Interim Director at CHRCL. “We are heartened that children will not lose these protections.”

The 2022 settlement also establishes a process for transitioning from independent third-party monitoring to self-monitoring by CBP. The court has already extended the independent monitor on three occasions due to CBP's lack of sufficient progress.

CBP has a long history of violating the 2022 settlement agreement. Violations include:

• Routine separation of children from their families while in custody;
• Insufficient or no visitation for children separated from family members;
• Providing youth with insufficient clean, warm clothing;
• Holding children for days or weeks in windowless pods without outdoor access or activities;
• Limited or no access to phones or counsel;
• Insufficiently robust medical practices that can leave children without adequate care in urgent or high medical risk situations; and
• A fundamental lack of internal monitoring, oversight, and compliance enforcement by CBP 

A new investigative report published last week by the Senate Judiciary Committee echoed similar concerns. The report found that CBP had “systemic problems such as understaffing, lengthy detention of children, the failure to document and assess medical records, unclear and inadequate guidance for treating children and other vulnerable individuals, and [a] failure to conduct meaningful oversight of its medical contractor."

“Under multiple administrations, CBP has woefully failed to protect the health, safety and wellbeing of children," said Leecia Welch, Deputy Litigation Director at Children’s Rights. "While extension of the 2022 settlement is good news, there is no excuse for separating children from their parents, forcing them to wear the same dirty clothes for a week, giving them cheerios for dinner or denying them access to adequate health care and family visits. We are grateful to the independent monitors for their tireless efforts to ensure that CBP meets its legal and moral obligations to children."