CBP Recinds Four “Legacy” Policies Related to Care and Custody

On Monday, the Acting Commissioner of US CBP issued a memorandum rescinding four “legacy” policies related to care and custody. The memo characterizes these memos as “obsolete or misaligned with current Agency guidance and immigration enforcement priorities.”

The four affected policies are:

1. Processing of Pregnant, and Postpartum Noncitizens and Infants, January 28, 2022.
2. Custodial Considerations for Medically At-Risk Individuals, May 19, 2023.
3. Additional Guidance on Custodial Considerations for Medically At-Risk Individuals, October 12, 2023.
4. Monitoring of Vulnerable Individuals in CBP Custody, March 19, 2024.

I was only able to locate one of the four policies online (#2 above, which is hyper-linked). I did located a July 2022 policy regarding pregnant, postpartum, and infant noncitizens that cross-references a November 2021 policy on the same topic–I’m not sure if this is what #1 references.

According to WIRED magazine, the rescinded policies:

• required giving pregnant people access to water and food
• ensured privacy for breastfeeding mothers
• mandated that diapers and unexpired formula be stocked in holding facilities
• instructed agents to process at-risk individuals as quickly as possible to limit their time in custody

-KitJ