Panel rules soap, sleep essential for migrant kids
Immigrant children detained by the U.S. government should get edible food, clean water, soap and toothpaste under a longstanding agreement over detention conditions, a federal appeals panel ruled Thursday in dismissing a Trump administration bid to limit what must be provided.
A three-judge panel for the 9th U.S. Circuit Court of Appeals in San Francisco tossed out the U.S. government’s challenge to a lower court’s findings that authorities had failed to provide safe and sanitary conditions for the children in line with a 1997 settlement agreement.
The government argued that authorities weren’t required to provide specific accommodations, such as soap, under the settlement’s requirement that facilities be “safe and sanitary.” The appellate judges disagreed.
“Assuring that children eat enough edible food, drink clean water, are housed in hygienic facilities with sanitary bathrooms, have soap and toothpaste, and are not sleep-deprived are without doubt essential to the children’s safety,” the panel wrote.
The ruling followed a June hearing at which a U.S. government lawyer said the agreement was vague and might not require that a toothbrush and soap be provided to children during brief stays in custody. Requiring these items, the government said, would be a change in the agreement.
Leecia Welch, senior director of legal advocacy and child welfare at the National Center for Youth Law, said the panel’s ruling wasn’t surprising. “It should shock the conscience of all Americans to know that our government argued children do not need these bare essentials,” she said.
U.S. District Court Judge Dolly Gee in Los Angeles ruled in 2017 that authorities had breached the agreement — widely known as the Flores settlement — after young immigrants caught on the border said they had to sleep in cold, overcrowded cells and were given inadequate food and dirty water.
Since then, problems in the facilities have persisted. Gee has appointed an independent monitor to evaluate conditions.