S1: Welcome in San Diego. It's Jade Hindman on this episode of KPBS Midday Edition. The story of migrant children held in San Diego's short term immigration detention for weeks. This is KPBS Midday Edition. Connecting our communities through conversation. Under federal guidelines , migrants should not be detained in temporary border facilities for more than three days. But here in San Diego , some families with children have been detained at these stations for weeks at a time. That's caught the attention and concern of a federal judge. Joining me to talk about it is Sophia mejias Pasco. She's investigative reporter and immigration reporter for eNews source. Sophia , welcome.
S2: Thanks for having me.
S1: Glad to have you here. So this story has to do with temporary holding facilities at border stations. And these are are different than immigration detention centers. So help us understand what we're talking about here specifically. Yeah.
S2: Yeah. That's right. So these are holding cells inside ports of entry , like the Otay Mesa or Seattle Port of Entry , for example , or border stations , border patrol stations within the US. And they're used to hold people who are encountered by immigration authorities , either within the US or at the border. It could be migrants who don't have documents to be in the US and could be subject to deportation , or it could be other people , including U.S. citizens detained at ports of entry , for example , for on suspicion of smuggling drugs or something like that. They could also be detained at these holding facilities. But like you said , what's important to understand here is that these are facilities that are separate and distinct from the Ice detention centers , which much more often detain immigrants for weeks or for months. These holding facilities , the government's own standards , say that they should not hold people longer than 72 hours.
S1: So it sounds like there's a difference in maybe who is detained at these facilities. Beyond that though. Is there is there much of a distinction? Yeah.
S2: Yeah. I mean , these are between , you know , the Ice detention centres and these facilities. They're only meant to be held , um , hold individuals for three days. So they're not sort of designed for the longer term , um , detention like Ice detention facilities are and CBP is required to make or the government is required to make every effort possible to move people quickly out of these holding facilities. Um , as the government is working to transfer or deport or release people from their custody.
S1: So how do children end up in these temporary holding facilities? Yeah.
S2: Yeah. So many of the children and families that that this reporting is centered on our families with children who have crossed the border recently and then been detained by Border Patrol. So they crossed the border. At some point they encounter immigration authorities , and then they're taken to these stations , um , to be processed. That could mean that they're transferred to a different facility , like an Ice facility , or that they're removed from the United States back to their home countries. And what's different about what's happening now compared to previous administrations? I mean , this issue with with families , with people being held in these detention centers past three days , it's been an issue for a long time. But , um , you know , it's significant now , attorneys say , because there are so few people crossing the border , uh , which , you know , attorneys say should mean that it's not as as challenging to transfer people , families quickly out of these facilities.
S1: And so you say these facilities are not only meant to hold individuals for three days , but according to your recent reporting , people are staying there for much longer. What did you find? Yeah.
S2: Yeah. So , um , in , in , uh , court documents , the government has filed data on how long it's holding families with children , and that shows that dozens of kids have been held in these temporary holding facilities in San Diego longer than three days. So , for example , earlier this year in March , the average length of time that kids and families spent in these facilities was 146 hours. So that's six days. That's double the amount of time that the government has set as a target. And that's just the average. So that means that some families might have spent less time in these facilities , but some have spent much longer weeks , even up to a month in these facilities.
S1: How old are these children?
S2: Yeah , they they really run the gamut from infants to , um , teenagers. Uh , we we saw , you know , one mother who described being detained in these facilities with four of her children , the youngest of which was five months old at the time. Um , and yeah , she she described being in this freezing cell , only having the the clothes that she crossed in for her and her children , um , her baby only having the diaper and the thin shirt that she was wearing. Though she did say that the government at some point gave her a onesie for the baby. But , um , yeah , the children really are of all ages. Hmm.
S1: Hmm. And what about children who crossed the border alone? I mean , what do we know about them? Yeah.
S2: Yeah. So , um , you know , the number of children crossing the border alone right now is lower than it has been in other years , though it has fluctuated somewhat under the second Trump administration. But , for example , in , uh , 2023 , I think in August , there were 14,000 kids who crossed the border alone. And this fiscal year , at least , that number has been under a thousand each month. So , you know , there is some variation from month to month , but in general , there are fewer kids crossing the border. Right now , though , there are some that are still ending up in these holding facilities. And there are even some cases of unaccompanied minors who have been held longer than three days , though typically they end up getting processed out of these temporary holding facilities faster than kids and families.
S1: And what kind of experience , you know , or impact has this experience of detention had on children?
S2: Yeah , I think attorneys would say that it's been really traumatizing for children , you know , being locked in these cells with their parents , sometimes they're separated from the father and just detained with their mother. They have described migrants have described having limited time outside in the outdoors , um , you know , limited toys to play with while they're detained , even for days at a time. And just being in that environment has been traumatizing for them , attorneys say. And it's part of the reason why , um , there exists these these standards and requirements for how long the government can hold people in custody. You know , in acknowledging that these situations are traumatizing for children. Mhm.
S1: Mhm. Well , and all of this brings us to last month when a US district judge took issue with these facilities violating something called the Flores settlement. So can you explain what that what the Flores settlement is for those who may not know. Yeah.
S2: Yeah. So this is a legal settlement , a legal agreement stemming from a case in the 1990s. And this settlement really set the standards for the detention and release of children in federal immigration custody. So it means that the government has to remove kids from its custody as expeditiously as possible. Um , and that when kids are held , um , you know , whether as minors who cross the border alone or in families , that the conditions need to be safe and sanitary. So what's happened now is , you know , through this settlement , attorneys , um , representing migrant children have said that they believe the government may be violating this agreement because of , in part , the length of time that kids are spending in detention. So they've essentially asked the judge to enforce this settlement and order additional oversight of these facilities where kids are being held.
S1: What other problems did that judge find with San Diego facilities? Yeah.
S2: Yeah. So in her order , she specifically cited the length of time that kids were spending in custody , that many were spending more than 72 hours in custody. But she also talked about the , you know , cold conditions that migrants have described. Um , she talked about limited access to soap and sanitizer in these cells in San Diego. And then also the the reports of the lights being on all night long in these cells where families were trying to sleep.
S1: So this order establishes an independent monitor for facilities in San Diego , among other places. What does that mean? Yeah.
S2: Yeah. So the judge has ordered oversight , at least for the next 12 months. And the independent monitor and the what's referred to as a special master will oversee facilities in San Diego and other places and report every um , quarter to to the court on how , um , what conditions are looking like. And if the independent monitor believes that the government may be in violation , they can report that as well. They can also request data from the government , and that will last for at least a year.
S1: What's been the response from Customs and Border Protection in regards to these concerns over children being detained? Yeah.
S2: Yeah. So the government has blamed these lengthy detentions on logistical challenges , which could mean , you know , um , arranging flights for deportation and travel documentations for these families , transferring them to other facilities. And they've mostly defended their treatment of kids in detention. They've said that , you know , in general , they provide access to food and water and showers and hygienic products and , you know , medical care and all the other things. And they have acknowledged some issues in court , like in San Diego. Um , they've acknowledged that at one point , appropriate food wasn't provided for children , that some facilities don't have showers and families had to be brought somewhere else to shower. But overall , the government has insisted that it's not only meeting but exceeding the standards set by the Flores settlement. And , you know , obviously that argument did not convince the judge because she later found that the government was likely violating the Flora settlement and ordered additional oversight.
S1: You know , we can't forget , in Trump's first term , the family separation policy that ultimately left hundreds of children not being returned to their parents. They could not find their parents. But I want to zoom out here to this term and ask , how have the immigration policies of Trump's second term here affected the way children are treated in immigration detention? Yeah.
S2: Yeah. So , you know , attorneys for migrant children in the Florida settlement say that part of the reason why kids are spending longer in these facilities is , is because the government has a no release policy in which the government is essentially not releasing anyone who crosses into the US illegally , even if that person , be it an individual or a family with kids , has legitimate fear of returning to their home country. Um , there are other policies that have affected children. Um , in in immigration proceedings in the US , one that has been in the news a lot has been the lack of funding for attorneys for unaccompanied minor children. So earlier this year , the Trump administration has essentially stopped funding for attorneys who represent migrant kids in court. And those are just a few of the ways that policies under this administration have affected children.
S1: You know , what are you following next? What questions do you have moving forward?
S2: Yeah , I think we will definitely keep an eye out for those reports to the court over how conditions improve inside these detention facilities in San Diego , particularly the length of time that kids are spending in these temporary holding facilities , attorneys say that is really the biggest issue here is that children should not be spending , um , any amount of time in these facilities much less longer than , than three days. So we'll be following whether the government is able to make improvements and how long they're detaining children , and whether the conditions for them improve while they're there.
S1: I've been speaking with Sofia mejias Pasco. She's investigative reporter and immigration reporter for eNews source , and you can find her full story on our website , pbs.org. Sofia , thank you so very much.
S2: Thanks for having me.
S1: That's our show for today. I'm your host , Jayde Hindman. Thanks for tuning in to Midday Edition. Be sure to have a great day on purpose , everyone.
