CNN
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Migrant families with young children, including toddlers, were held for days and sometimes weeks in US Customs and Border Protection facilities, some with jail-like conditions, according to interviews conducted by attorneys tied to immigrant advocacy groups and submitted Tuesday in federal court.
The filings reveal details of families being detained this year in border facilities, which are not designed for that purpose, for extended periods of time despite a steep drop in migrant crossings, raising alarm among attorneys who argue CBP detention is not equipped to care for people, especially children.
The court filings are part of a decades-old legal agreement governing conditions for migrant children in government custody. Tuesday’s motion requests that CBP stop detaining children for prolonged periods of time in poor conditions and requests more precise data from the agency after recent discrepancies.
“During their extended detention, CBP holds children in increasingly harsh conditions, including in ports of entry (‘POE’), which are meant to hold individuals for only a few hours, in violation of (the settlement). Children are particularly vulnerable to the trauma caused by the confusion, cruelty, and deprivation endemic to CBP custody,” the motion reads.
The 1997 Flores settlement, as it’s known, requires the government to release children from government custody without unnecessary delay to sponsors, such as parents or adult relatives, and dictates conditions by which children are held. It applies to children who crossed the US-Mexico border alone, as well as those who arrived with family.
Attorneys who represent the Flores settlement class are permitted to meet with children and their family members in government custody to interview them.
In one case, a mother and her toddler, separated from her father, were held at a border facility in California for 42 days, according to the family’s telling in a court declaration. The officers allowed the father to visit two times.
“Since being separated from her father, (redacted)’s behavior has changed. She used to speak a lot before, and now she’s not speaking anymore. She previously used five or six words, like ‘mom’ ‘dad’ and ‘yes,’ now she doesn’t talk at all,” the filing states, detailing a room where 23 women and children were held with no windows.
“It was so crowded that we couldn’t even step forwards or backwards,” the declaration says. “We spent all 42 days in that same place. We didn’t see the daylight. We only went outside when we went to the different place where the showers are.”
CNN has reached out to CBP for comment.
The Flores settlement agreement doesn’t prohibit the federal government from deporting a child and their family, but it states that children can’t be kept in immigration detention for prolonged periods and should be considered for release.
According to Tuesday’s filings, “Instead, CBP keeps accompanied children in its custody until it removes them from the United States or transfers them to ICE custody where they can request parole from ICE.”
Attorneys found that even though migrant crossings have plummeted at the US southern border, 301 children were detained in CBP custody for more than 72 hours in February. Of those, the majority were detained for more than seven days.
In April, when US Border Patrol encounters hovered around 8,300, 213 children were held more than 72 hours and 14 children were held for more than 20 days, including toddlers, according to the filing. The data is based on reports provided by CBP.
“The number of children crossing our borders is the lowest in decades, but the cruelty they are experiencing in government custody is at an all-time high,” said Leecia Welch, deputy litigation director at Children’s Rights, who interviewed some of the families and children in custody.
“We are heaping trauma on defenseless children who came here seeking our protection. With this motion, we return to court once again asking for nothing more than government accountability to ensure the humane treatment of children,” she added.
Previous administrations, including the Biden administration, wrestled with border surges that strained federal resources and resulted in unaccompanied children, families and adults staying in border custody for days. Border facilities are intended for relatively short stays.
CBP generally releases or transfers those in custody within 72 hours as a matter of practice, though that can often be extended in the event of space limitations for transfers to other agencies, such as Immigration and Customs Enforcement. In the past, CBP has also paroled people into the United States on a case-by-case basis, depending on the individual or family circumstance.
The Trump administration has moved to terminate the Flores settlement, arguing that it has hamstrung the federal government’s policymaking and ability to respond to changing conditions along the border, including surges in recent years.
“The Executive has not been able to react fully and meaningfully to these changes because the (Flores settlement agreement) has ossified federal-immigration policy,” the Trump Justice Department said in a recent court filing. “Successive Administrations have tried unsuccessfully to free themselves from the strictures of the consent decree and this Court’s gloss on it. But detention of juvenile aliens continues to be—as it has been for more than a generation—dominated by the strictures of a 1997 agreement.”
But the combination of low border numbers and extended stays in CBP facilities has raised questions for attorneys, including whether some people are coming into CBP facilities from interior enforcement actions.
“The lengths in detention are lengthening despite the requirements of Flores and CBP policies and practices themselves. We’re seeing a broader variety of troubling sites being put into play,” said Sergio Perez, executive director of the Center for Human Rights and Constitutional Law and part of the Flores legal team.
A family with a 5-year-old son was taken into custody after a traffic stop in Ohio. The parent and child were taken to an office building in the state where they stayed in a room for five days, according to a court declaration.
“The room had no windows to the outside. We couldn’t tell whether it was day or night. There was a large window that looked out on the office space and agents working on their computers. All the agents were men,” the declaration states.
“The room had a toilet that was completely visible to anyone walking by the room. We could only go pee because it was so uncomfortable to go to the bathroom within the view of all those men,” it continues, adding that lights were left on at night.
In another case, an 11-year-old and their mother were apprehended when they landed in the United States. They were held at O’Hare International Airport for five days, according to a court declaration.
The filings include descriptions from migrants of border facilities with cold rooms, limited access to sanitary items, thin mattresses on the floor, mylar blankets, and limited or no access to the outdoors. The filings also include allegations that CBP officers used profanity, and in one case, told children to “go home” when they asked for food.
One family with two sons, including a 1-year-old and an infant who’s only a “few months,” was detained in a border facility for a month.
“It was extremely cold. My sons both got sick there because it was so cold. They did not allow us extra clothes for the kids. We had only aluminum blankets,” the declaration reads, adding: “The lights were on all night, they never turned off. We spent these days inside without even seeing the sun.”
