Detention of Migrant Children Subject of Public and Government Criticism and Controversy

Immigrant detention continues to be in the national news.  The conditions of detention have become an issue of great concern in recent days and monts.

NPR reports that the Department of Homeland Security’s Office of Inspector General is warning about “dangerous overcrowding” in Border Patrol facilities in the Rio Grande Valley of South Texas. In a report, the inspector general said the prolonged detention of migrants without proper food, hygiene or laundry facilities — some for more than a month — requires “immediate attention and action.”  The report concludes as follows:

“We recognize the extraordinary challenges [Customs and Border Protection (CBP)] faces, and welcome the information that [Department of Homeland Security (DHS)] has been able to reduce the number of [unaccompanied children] in custody. However, we remain concerned that DHS is not taking sufficient measures to address prolonged detention in CBP custody among single adults. Although an additional 500 beds in the Rio Grande Valley may reduce overcrowding among single adults, DHS must transfer single adults to [Immigration and Customs Enforcement] custody as quickly as possible; within DHS, long-term detention is ICE’s responsibility.”

With increasing numbers of deaths of detainees, there has been great concern about the medical care provided to the detained migrants.  CNN reports that pediatricians who have volunteered to work with migrants in El Paso, Texas, reportedly are walled off from any contact with “whoever is providing the medical care to these individuals” in government run migrant detention centers.  “That is not medical care. That’s malpractice,” said pediatrician Dr. Carlos Gutierrez

CNN further reports that pediatricians shared disturbing images drawn by migrant children who were recently separated from their parents while in custody. The drawings show people behind bars and in cages. The pictures were drawn last week by three children, ages 10 and 11, at Catholic Charities Humanitarian Respite Center in McAllen, Texas, after being released.

A child’s drawing depicting time spent in US Customs and Border Protection custody.

If Illegal Immigrants are unhappy with the conditions in the quickly built or refitted detentions centers, just tell them not to come. All problems solved!

— Donald J. Trump (@realDonaldTrump) July 3, 2019

Detention of asylum seekers is one of the tools to deter migration.  The President’s response to the concerns (“just tell them not to come”) with whether rhe conditions of detention are safe, sanitary, and humane suggests that the horrible conditions are being used as a tool of deterrence.  The appropriate response would seem to be to respond to the DHS Inspector General concerns, as well as the concerns of the medical community and the public.  We have already seen considerable litigation on mass detention as well as conditions of detention.  Expect more — and soon.

KJ