Migrant children detained at Customs and Border Protection (CBP) facilities in the Rio Grande Valley and El Paso sectors are currently protected by a court-ordered settlement agreement that requires federal immigration authorities to provide them with "safe and sanitary" conditions. The court agreement is set to expire nine days after Donald Trump takes office, as first reported by the New York Times, and immigration experts predict it will not be renewed.
The settlement requires CBP facilities to provide minors with essentials such as emergency medical care, clothing, toothbrushes, drinking water, blankets, and age-appropriate meals. It was established in July 2022, following the back-to-back deaths of three Guatemalan children in custody. Official reports indicate the children died of transmissible diseases.
The document also mandates that minors be kept with their parents when apprehended together, unless deemed "operationally infeasible." In such cases, agents must allow family contact while minors are in custody, though the agreement does not specify the type or frequency of this contact.
Although, one of the document's most significant provisions was the appointment of an independent monitos to oversee compliance with the agreement. Dr. Paul Wise, a pediatrician serving in this role, reported numerous issues, including instances of family separation, overcrowded facilities operating beyond capacity, and most tragically, the "preventable" death of an 8-year-old girl who passed away in her mother's arms after being detained for eight days.
In an interview with The New York Times, Wise noted that he observed improvements during his time as monitor. These advancements included deploying caregivers to child holding areas and implementing a protocol to help agents identify children with "elevated medical risk." The protocol further mandates that on-site healthcare providers consult a pediatric specialist for complex cases.
However, he emphasized that "sustaining those improvements is the challenge."
Citing previous Trump policy positions, immigration attorney Rosanna Berardi told the Latin Times that the President-elect is "unlikely to renew these protections." Berardi explained that without renewal, facilities would no longer be legally bound by the agreement's specific requirements for children's medical care, living conditions, and detention duration limits.
Trump has promised to begin his mass deportation operation on the first day of his second term. In a recent NBC interview, the Republican leader stated that his team is considering building camps and deporting entire families together to avoid their separation.
Immigration advocates have warned that "U.S. citizen children [could] get caught up in the deportation machine" as well. As of now, it remains unclear whether Trump's migrant detention expansion plans will include specific protections for minors.
Child health experts have expressed concern over the lack of accountability in child detention facilities, suggesting that an entirely new system is needed to ensure the consistent protection of children, regardless of whether the 2022 settlement agreement is renewed.
The wellbeing of detained migrant children has been a longstanding issue accross the country. Earlier this year, a report released by two immigrant rights organizations revealed systematic abuse experienced by minors in CBP custody along the U.S.-Mexico border in Arizona and California.
The abuses reported include children being subjected to hunger, physical abuse such as pushing, kicking, and punching by federal agents, and the brandishing of weapons to instill fear. The report compiles hundreds of such complaints.
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