Featured Issue: Conditions in CBP Custody

A recent review by Politico found that, “The Department of Homeland Security's inadequate medical technology and record-management for the thousands of migrants who pass through its custody are contributing to poor care and even deaths, according to lawsuit records reviewed by POLITICO.” Further, the reporting found “persistent complaints from experts and advocates for migrants rights who say attention to the medical needs of asylum seekers is indifferent at best. Recent reports indicate that Customs and Border Patrol rejected a CDC recommendation to administer flu shots to people in its custody; two children later died of flu in the agency's facilities.”

As of May 20, 2019, five migrant children have died since December 2018 after being apprehended at the southern border. So far, all of these children have been from Guatemala. This increase in mortality corresponds with record numbers of families from Guatemala and other northern Central American countries coming to the United States seeking asylum, with nearly 100,000 crossing in April 2019, the highest monthly total in a decade.

On December 25, 2018, DHS issued a statement, “DHS has continued to see a dramatic increase in unaccompanied children and family units arriving at our borders illegally or without authorization. Consistent with existing law, these individuals are held at federal facilities pending their removal or release into the interior of the United States with a notice to appear at a court hearing. During their period of detention they received medical screenings and further treatment as needed.”

As a result of a second death of a child in December 2018, the Washington Post reports that CBP Commissioner Kevin K. McAleenan said the Border Patrol would conduct health checks of all children in its “care and custody,” whether they arrived in the United States as part of a family or were unaccompanied. The health reviews will focus on children under 10.

Government Announcements | Government Reports | Congressional Action | AILA Resources | Responses and Resources from Advocates | Media Response

Government Announcements

• CBP Releases Statement Regarding Agent-Involved Collision Death in Calexico - November 7, 2020
• CBP Releases Statement Regarding Fatality at U.S. Border Patrol Checkpoint – November 2, 2020
• CBP Releases Statement on Agent-Involved Fatal Shooting in Laredo - October 24, 2020
• CBP Releases Statement on Agent-Involved Fatal Shooting in San Diego - October 24, 2020
• CBP Issues Statement Regarding Death in Custody in Laredo - October 18, 2020
• CBP Issues Statement Regarding Death in Custody in Arizona – September 22, 2020
• CBP Issues Statement Regarding Death in Custody in Arizona – August 2, 2020
• CBP Releases Statement on Death in Custody in South Texas – July 16, 2020
• CBP Issues Statement Regarding Death in Custody in South Texas – July 8, 2020
• CBP Issues Statement on Death in Custody at the San Ysidro Port of Entry – March 30, 2020
• CBP Releases Statement Regarding Death of a Mexican Citizen – March 20, 2020
• CBP Statement on the Death of a 19-Year-Old Guatemalan Woman – March 11, 2020
• CBP Releases Statement on Death in Custody of 32-Year-Old U.S. Citizen – February 5, 2020
• CBP Issues Statement on Death of Congolese National in Laredo - December 26, 2019
• CBP Issues Statement After Mexican Citizen Dies in CBP Custody – December 22, 2019
• CBP Reports Death of 22-Year-Old Honduran Man After Being Struck By a Vehicle - October 23, 2019
• CBP Reports Death of 49-Year-Old Mexican Man in Custody - October 22, 2019
• CBP Reports Death of Salvadoran Man in CBP Custody in New Mexico - August 1, 2019
• CBP Reports Death of Nicaraguan Man in Arizona in CBP Custody - July 5, 2019
• CBP Issues Statement Regarding Death of Salvadoran Man - June 29, 2019
• CBP Issues Statement on Stillbirth in RGV - June 26, 2019
• CBP Announces 16-Year Old Guatemalan National Died in Rio Grande Valley - May 20, 2019
• CBP Releases Data on Increase in Medical Emergencies on the Southern Border – December 31, 2018
• DHS Secretary Issues Statement on Death of Eight-Year-Old Guatemalan Child – December 26, 2018
• CBP Shares Additional Information of Death of Guatemalan Child While in Custody – December 25, 2018
• DHS Announces Death of Guatemalan Child at Gerald Champion Regional Medical Center – December 25, 2018
• CBP Releases Interim Procedures on Notification of a Death in Custody – December 17, 2018
• CBP Issues Statement on the Death of a Seven-Year-Old Child While in Custody – December 14, 2018

Government Reports

• DHS OIG Says CBP Did Not Adequately Oversee FY2019 Appropriated Humanitarian Funding – September 28, 2020
• DHS OIG Issues Report on Early Experiences with COVID-19 at CBP Border Patrol Stations and OFO Ports of Entry – September 4, 2020
• DHS OIG Says CBP Should Award a Medical Services Contract Quickly to Ensure No Gap in Service – September 3, 2020
• DHS OIG Finds Five Texas CBP Facilities Generally Complied with National TEDS Standards – September 1, 2020
• DHS Inspector General Testifies on Children in CBP Custody - July 15, 2020
• GAO Says CBP Needs to Increase Oversight of Funds, Medical Care, and Reporting of Deaths – July 14, 2020
• DHS OIG Reports That CBP Struggled to Provide Adequate Detention Conditions During 2019 Migrant Surge - June 12, 2020
• GAO Says CBP Misused Appropriations for Food and Medical Care for Migrants – June 11, 2020
• GAO Releases Report on CBP’s Management of a Temporary Detention Facility in Texas - April 9, 2020
• DHS OIG Finds No Misconduct or Malfeasance by DHS Personnel in Death of Seven-Year-Old Guatemalan Child in CBP Custody – December 20, 2019
• DHS OIG Finds No Misconduct or Malfeasance by DHS Personnel in Death of Eight-Year-Old Guatemalan Child in CBP Custody – December 20, 2019
• DHS OIG Issues Report on Training Needs for Hiring 15,000 Border Patrol Agents and Immigration Officers – November 26, 2018

Congressional Action

• New Mexico Delegation Demands Oversight Hearing on Death of Seven-Year old Child in CBP Custody

AILA Resources

• Policy Brief: Protect Children by Ending Family Detention and Separation

Responses and Resources from Advocates

• Advocacy Groups Update Website Exposing Border-Related Abuse and Litigation – July 6, 2020
• Deprivation of Medical Care to Children in CBP Custody – September 4, 2019
• Southern Border Communities Coalition: Deaths by Border Patrol Since 2010
• Center for Migration Studies: Immigration Authorities Systemically Deny Medical Care for Migrants Who Speak Indigenous Languages – December 21, 2018
• American immigration Council’s Immigration Impact: How to Prevent More Deaths in Border Patrol Custody – December 17, 2018
• ACLU Report on Neglect and Abuse of Unaccompanied Immigrant Children by CBP – May 23, 2018
• Human Rights Way: Systemic Indifference: Dangerous and Substandard Medical Care in Immigration Detention – May 8, 2017
• American Immigration Council: Photo Exhibits in Doe v. Johnson

Media Response

• Los Angeles Times: Immigration Officials Bought Dirt Bikes and Boats Instead of Food and Medicine, Report Says - June 11, 2020
• Courthouse News: After Deaths of Immigrant Children, Border Officials Defend Detention System – January 14, 2020
• Politico: 'Black hole' of medical records contributes to deaths, mistreatment at the border – December 1, 2019
• The Washington Post: CDC recommended that migrants receive flu vaccine, but CBP rejected the idea - November 26, 2019
• Newsweek: Trump Administration Ignored Offer of Free Flu Clinic for Migrants Despite Child Deaths, Physicians Say – November 20, 2019
• Buzzfeed News: Investigators Found Immigrant Kids And Families Locked In Disgusting Conditions In Border Camps - June 26, 2019
• ABC News: CBP Says It's Not Low on Supplies After Claims of "Appalling" Conditions for Migrant Children - June 25, 2019
• CBS News: Incoming CBP Chief Denies "Systemic Problem" at Migrant Detention Facilities - June 25, 2019
• ABC News: Doctor Compares Conditions for Children at Immigrant Holding Centers to "Torture Facilities" - June 24, 2019
• Huffington Post: Guatemalan Teen Becomes 5th Migrant Child To Die After Being Detained By Border Patrol - May 20, 2019
• CNN: Another migrant has died in CBP custody - the 4th in recent months - May 19, 2019
• CNN: Another migrant has died in CBP custody – the 4th in recent months – March 19, 2019
• Immigration Impact: A Second Child Died in Border Patrol Custody. Why Is the Government Doubling Down on Deterrence? - January 2, 2019
• New York Times: ‘A Breaking Point’: Second Child’s Death Prompts New Procedures for Border Agency – December 26, 2018
• Politico: Nielsen deflects blame for boy's death in Border Patrol custody – December 26, 2018
• Washington Post: Migrant boy dies in U.S. custody; Trump vows shutdown will last until border wall is funded – December 26, 2018
• CBS News: “We need a different approach," says CBP chief after 2nd migrant child dies in U.S. custody – December 26, 2018
• NBC News: Guatemalan boy, 8, dies in immigration custody after being diagnosed with a cold – December 25, 2018

Cite as AILA Doc. No. 18122608.