Overview

US Customs and Border Protection (CBP) has withdrawn several internal policies aimed at protecting individuals with heightened vulnerabilities in its custody. This decision, documented in a May 5 memo signed by Acting Commissioner Pete Flores, refers to actions taken during the Biden administration to improve conditions for pregnant women, infants, and those with serious medical conditions.

Reason Behind Policy Changes

The memo, titled Rescission of Legacy Policies Related to Care and Custody, claims that the abolished policies were deemed “obsolete” and “misaligned” with current CBP enforcement strategies. These prior measures were designed to provide a minimum standard of care, including access to essential resources for vulnerable detainees.

Detailing the Rescinded Policies

The rescinded policies established critical standards for at-risk detainees, requiring:

• Access to food and water for pregnant individuals.
• Privacy provisions for breastfeeding mothers.
• Availability of diapers and unexpired formula in holding facilities.
• Expedited processing for vulnerable individuals to reduce time in custody.

Reactions from Advocates

Critics argue that the reversal exemplifies a continuing trend of neglect towards vulnerable individuals in custody. “It’s appalling and it’s just an extension of the culture of cruelty that the administration is trying to perpetrate,” remarked Sarah Mehta, deputy director of Government Affairs for the ACLU’s Equality Division. She emphasized that this decision reflects a lack of concern for families with young children.

Context of CBP Operations

As a major law enforcement entity, CBP is primarily responsible for apprehending individuals crossing the US border unlawfully. While Immigration and Customs Enforcement (ICE) manages longer detention periods, CBP oversees immediate custody stages, often criticized for inadequate medical care and overcrowding in short-term facilities.

Previous Reports and Incidents

A recent report from the Senate Judiciary Committee highlighted significant shortcomings within CBP’s medical operations, uncovering chronic understaffing and ineffective treatment protocols for vulnerable populations. This scrutiny was ignited by the tragic death of 8-year-old Anadith Danay Reyes Álvarez at a CBP facility in May 2023. Despite a known medical history, she did not receive the necessary care when she sought help.

Continuing Legislative Concerns

U.S. Senator Dick Durbin, chairman of the Senate Judiciary Committee, expressed grave concerns regarding the implications of these rescinded policies. “This is unacceptable. We are a nation of values, and these values should be represented in the care of vulnerable people in our government’s custody,” he stated, emphasizing the need for greater transparency and humane treatment in detention facilities.

Implications on Current Practices

Despite the rollback of these specific measures, CBP asserts that its personnel will still adhere to broader guidelines under the National Standards on Transport, Escort, Detention, and Search (TEDS) and comply with existing provisions of the Flores agreement, which mandates safe conditions for children in custody.

Conclusion

The recent policy rescissions by CBP underscore a significant shift in the treatment of vulnerable populations in immigration detention settings, prompting ongoing dialogue about humane practices and accountability within the agency.