Critical Rights and Rule-of-Law Concern

Children in Detention: Overcrowded Border Facilities and Humanitarian Conditions

The DHS Inspector General's July 2019 report documented conditions at Border Patrol facilities in El Paso, Texas: some detainees held for over a month in single-occupancy holding rooms, standing room only conditions, limited access to showers and clean clothing, insufficient food, and inadequate medical care. The Clint facility conditions, documented by attorneys visiting to conduct interviews, included children sleeping on floors, a 2-year-old with dirty clothes, limited access to soap and toothbrushes, and sick children not separated from healthy ones. The administration's response was that the facilities were overwhelmed by a surge in arrivals and that Congress needed to provide additional funding.

Overview

The DHS's own Inspector General documented dangerous overcrowding in Border Patrol facilities holding children: 250 children in a facility designed for 104, children on concrete floors, sick children not separated from healthy ones, inadequate access to soap and food. This was not disputed. It was in the government's own report.

The administration's position was that it had been overwhelmed by a surge. The Inspector General's position was that the conditions were dangerous regardless of the cause.

Clint, Texas

The Clint, Texas facility became the focal point because immigration attorneys who visited to conduct legal interviews provided specific, documented accounts: a 2-year-old without clean diapers, teenagers managing toddlers because there were not enough adults, flu spreading through the facility without adequate medical response, children sleeping on concrete floors under mylar sheets.

The attorneys could not compel the government to act. They could document what they saw.

The term "children in cages" referred to chain-link holding areas photographed within Border Patrol facilities. The administration initially claimed the photographs were from the Obama era (some were; some were from the Trump era). The DHS's own records confirmed children were held in these structures under the Trump administration.

The Inspector General's Finding

The DHS Inspector General is a federal official whose job is to document and report government failures. Their management alert — the government's own internal assessment — found dangerous overcrowding, prolonged detention in facilities designed for 72-hour holds, and conditions that did not meet minimum care standards.

The alert was titled "DHS Needs to Address Dangerous Overcrowding and Prolonged Detention of Children and Adults."

Timeline

Sequence of events

  1. Surge in border crossings strains detention capacity

    A surge in asylum-seeking families and unaccompanied minors overwhelms Border Patrol holding capacity. Administration characterizes it as a crisis requiring additional resources.

  2. Attorneys document Clint, Texas conditions

    Immigration attorneys visiting Clint, Texas to interview detained children document 250 children in a facility designed for 104, with inadequate food, hygiene, and medical care. Their accounts are published nationally.

  3. DHS Inspector General issues management alert

    DHS OIG issues a management alert finding 'dangerous overcrowding' and prolonged detention of children and adults at El Paso Border Patrol facilities, documenting conditions violating minimum care standards.

  4. Congress passes $4.6 billion emergency supplemental

    Congress passes a $4.6 billion emergency humanitarian supplemental to address detention conditions. The funds are directed to food, medical care, and alternative detention programs.

  5. Continued reporting on facility conditions

    Investigative reporting and inspector general reports continue documenting substandard conditions at immigration detention facilities; the DHS OIG issues additional reports finding persistent deficiencies.

Sources

  1. Hungry, Scared and Sick: Inside the Border Patrol Detention of Migrant Children — The New York Times
  2. DHS watchdog finds 'dangerous' overcrowding at some Border Patrol stations — The Washington Post
  3. AP analysis: CBP holding more than 2,500 children as inspector general reports dangerous conditions — The Associated Press
  4. DHS OIG — Management Alert: DHS Needs to Address Dangerous Overcrowding and Prolonged Detention of Children and Adults in the Rio Grande Valley — DHS Office of Inspector General

Verification

Publication provenance

Related records

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