TUCSON, AZ — A federal court today ordered U.S. Customs and Border Protection to overhaul the way the agency detains people in its custody in its Tucson Sector. The court found that the conditions in CBP holding cells, especially those that preclude sleep over several nights, are presumptively punitive and violate the U.S. Constitution.
The court’s order enjoins CBP from holding detainees longer than 48 hours “unless and until CBP can provide conditions of confinement that meet detainees’ basic human needs for sleeping in a bed with a blanket, a shower, food that meets acceptable dietary standards, potable water, and medical assessment performed by a medical professional.”
The lawsuit, Doe v. Wolf, was filed by the National Immigration Law Center, the American Immigration Council, ACLU of Arizona, the Lawyers’ Committee for Civil Rights of the San Francisco Bay Area, and Morrison & Foerster LLP.
The following comments are from:
Individual formerly detained by CBP in the Tucson Sector, identified as Witness B during trial in this litigation: “I feel very happy to know that things are going to change in these detention centers and that people will not have to spend much time under the conditions I was detained in. It is really a joy to know that the necessary medical care will be available, that there will be other food available, and that those who have to be detained for longer periods of time will be held in a place where conditions are adequate. I am very happy to know that I helped make things better for all of the people who follow. So many people will benefit from being treated better during the time they have to be detained there.”
Alvaro M. Huerta, staff attorney at the National Immigration Law Center: “Today’s decision is a tremendous victory for communities everywhere fighting courageously to uphold human dignity and the rights enshrined in our Constitution. The court recognizes the grave injustices suffered by our brave plaintiffs and tens of thousands of others similarly detained by the Border Patrol in deplorable, dangerous conditions in the Tucson Sector. We are enthused that our justice system has intervened in a meaningful way to institute much-needed change and hold CBP accountable.”
Mary Kenney, directing attorney of litigation with the American Immigration Council: “Through this lawsuit, we have been able to shed light on the realities of the inhumane treatment of migrants in CBP detention facilities. In its decision, the court recognized that conditions in CBP’s Tucson Sector are ‘substantially worse’ than those afforded criminal detainees in jail facilities. Today’s monumental victory ensures that CBP cannot hold migrants in the Tucson Sector over 48 hours without providing conditions that meet basic human needs and serves as an example of the standards that should apply in all CBP facilities.”
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