Page 6 - ARUBA TODAY
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A6   U.S. NEWS
               Thursday 20 February 2020
             U.S. judge sides with migrants in case against Border Patrol



            PHOENIX  (AP)  —  Condi-                                                                                            control,  such  as  whether
            tions  at  most  Border  Patrol                                                                                     other agencies involved in
            facilities  in  Arizona  are  pu-                                                                                   taking  migrants  have  ca-
            nitive and unconstitutional,                                                                                        pacity.
            a U.S. judge in Arizona said                                                                                        Its  facilities  were  built  of
            Wednesday  while  ruling  in                                                                                        short-term  stays,  for  adults.
            favor of migrants who have                                                                                          Holding  cells  are  in  odd
            long-complained      about                                                                                          shapes, reducing the num-
            inhumane  and  unsanitary                                                                                           ber  of  sleeping  mats  that
            conditions in holding cells.                                                                                        can comfortably fit on the
            The  ruling  came  weeks                                                                                            ground.  On  nights  when
            after  the  conclusion  of  a                                                                                       agents  arrest  large  groups
            seven-day trial in which at-                                                                                        of  people,  or  when  other
            torneys  for  migrants  who                                                                                         agencies  involved  in  im-
            sued  in2015  argued  that                                                                                          migration  don't  have  the
            the  agency  holds  immi-                                                                                           capacity to pick them up,
            grants  in  extremely  cold,                                                                                        cells  become  extremely
            overcrowded,     unsanitary                                                                                         overcrowded.
            and inhumane cells.                                                                                                 A  video  displayed  on  the
            The  order  makes  perma-                                                                                           opening  day  of  the  trial
            nent  a  preliminary  injunc-                                                                                       showed  a  man  walking
            tion  that  U.S.  District  Court                                                                                   over body after body as he
            Judge David C. Bury issued                                                                                          tried to make his way to the
            in  2016  requiring  the  Tuc-   In this Aug. 9, 2012, file photo, suspected illegal immigrants are transferred out of the holding area   bathroom. Once there, he
            son Sector to provide clean   after being processed at the Tucson Sector of the U.S. Customs and Border Protection headquar-  realized  all  stalls  had  peo-
            mats  and  thin  blankets  to   ters in Tucson, Ariz.                                                               ple sleeping in them.
            migrants  held  for  longer                                                                        Associated Press  Migrants  have  long  de-
            than 12 hours and to allow                                                                                          cried  conditions  in  Border
            them to clean themselves.    al Immigration Law Center,  some  of  the  challenges  who  are  considered  civil  Patrol  facilities,  now  infa-
            It also bars the agency from  said in a statement.        posed  when  migrants  are  detainees,  not  criminal  —  mously  known  as  hieleras,
            holding migrants more than  The center was one of the  detained,       especially   if  are  subjected  to  after  12  or iceboxes. And although
            48 hours if they've been ful-  advocacy   groups    that  they  are  children.  Reports  hours  are  "presumptively-  the  Tucson  Sector  hasn't
            ly processed, which is com-  brought  the  case  forward.  of  hellish  conditions  cir-  punitive  and  violate  the  experienced  the  massive
            mon when other agencies  It  was  argued  in  court  by  culated  in  many  parts  of  Constitution," and are even  number of immigrants that
            involved  in  taking  the  mi-  attorneys  for  the  law  firm  the Texas border last year,  worse than a criminal jail or  other  parts  of  the  South-
            grants, such as Immigration  Morrison & Foerster.         where  thousands  of  immi-  prison, the judge wrote.     west border has, the num-
            and Customs Enforcement,  "We are enthused that our  grants — largely families —  Bury has been critical of the  ber  of  hours  that  migrants
            don't have the capacity to  justice  system  has  inter-  crossed  over  from  Mexico.  agency, saying it has done  spend in custody there has
            pick  them  up  in  a  reason-  vened in a meaningful way  In  El  Paso,  an  inspection  little to remedy issues, espe-  continued to grow.
            able amount of time.         to  institute  much  needed  by  the  government's  inter-  cially  around  overcrowd-  About 12,000 people were
            Bury is also banning the use  change and hold CBP ac-     nal watchdog found there  ing  and  migrants'  inability  in custody for more than 72
            of  bathrooms  for  sleeping,  countable," Huerta said.   were 900 people crammed  to sleep.                        hours  in  the  Tucson  Sector
            which  came  to  light  dur-  Customs  and  Border  Pro-  into a 125-person facility at  "Nobody  has  done  any-   last year, or about 20%. The
            ing the trial this year, when  tection  didn't  immediately  one point in May.         thing.  Is  that  why  a  court  average  time  in  custody
            video was shown of a man  respond  to  a  request  for  In  his  order  Wednesday,  has to jump in?" Bury asked  was nearly 54 hours.
            trying to reach a bathroom  comment.                      Bury wrote that the Border  during  the  last  day  of  trial  On Friday, another federal
            but  failing  to  because  mi-  In his order, Bury said there's  Patrol and its parent agen-  on Jan. 22. "It just seems like  judge  ruled  in  favor  of  im-
            grants  were  sleeping  in  no evidence CBP intends to  cies,  or  the  defendants  the  lack  of  a  response  to  migrant  s  and  against  the
            them.                        create punitive conditions,  in  the  case,  "administer  a  these numbers just calls for  government.  The  judge
            "Today's  decision  is  a  tre-  but  that  the  agency  has  detention  system  that  de-  a court order."         found the U.S. government
            mendous  victory  for  com-  stretched resources to "pro-  prives  detainees,  who  are  Government attorneys said  in  contempt  after  authori-
            munities  everywhere  fight-  vide the best conditions of  held  in  CBP  stations,  Tuc-  in  their  closing  arguments  ties  deported  five  young
            ing courageously to uphold  confinement  available  un-   son  Sector,  longer  than  48  last  month  that  plaintiffs  immigrants who were seek-
            human  dignity  and  the  der the circumstances."         hours, of conditions of con-  didn't  prove  the  agency  ing to remain in the coun-
            rights enshrined in our Con-  Although  the  lawsuit  pre-  finement  that  meet  basic  violated  any  constitutional  try  under  a  program  for
            stitution," Alvaro M. Huerta,  dates last year's surge in im-  human needs."           rights.  It  says  many  things  abused and neglected im-
            staff attorney at the Nation-  migrant arrivals, it illustrates  Conditions that migrants —  are  out  of  the  agency's  migrant children.q

             Guatemalan woman gives birth at U.S. Border Patrol office




             CHULA  VISTA,  Calif.  (AP)  old woman and her family  made  the  arrest  noticed  ined for a routine medical  tal and were in stable con-
             —  A  pregnant  Guatema-     were  spotted  walking  just  the woman was pregnant  assessment when she went  dition, the newspaper said
             lan  woman  arrested  on  east of the Otay Mesa Port  but  said  she  did  not  ap-   into labor, officials said.  Wednesday.
             suspicion  of  crossing  the  of Entry near San Diego on  pear  to  be  in  distress  and  "The  medical  staff,  along  "Our   agents   are   well
             border  from  Mexico  with-  Sunday,  the  Union-Tribune  did not request any medi-   with  agents,  prepared  an  trained to manage the un-
             out  authorization  gave  reported. It is believed they  cal attention, officials said.   area for the mother to give  expected,  and  I'm  proud
             birth  a  short  time  later  at  used a ladder to get over  Once they got to the Chula  birth,"  the  Border  Patrol  of the work they did in car-
             a U.S. Border Patrol station  the border fence, said Bor-  Vista  station,  the  woman,  said in a statement.     ing  for  this  mother,"  Chief
             in  Southern  California,  au-  der  Patrol  spokesman  Jar-  the baby's father and two  The woman and her baby  Patrol Agent Aaron Heitke
             thorities  said.  The  27-year-  rett Decker. The agent who  children were being exam-  girl were taken to a hospi-  said in a statement.q
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