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    Home » Children are being kept in immigration custody longer than allowed, advocates say
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    Children are being kept in immigration custody longer than allowed, advocates say

    FreshUsNewsBy FreshUsNewsFebruary 16, 2026No Comments6 Mins Read
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    As Khelin Marcano was making ready for her routine scheduled appointment with Immigration and Customs Enforcement in December, she debated packing a bag filled with her 1-year-old daughter’s garments. Whereas she and her husband had been attending appointments with out concern, she knew others have been being detained at government buildings by immigration authorities. 

    “Once they instructed us we have been being detained, it felt like we already knew, all alongside,” Marcano instructed ABC Information.

    The household, together with 1-year-old Amalia, was shortly despatched from El Paso to Texas’ Dilley immigration detention middle, the place they have been detained for 60 days — becoming a member of a whole lot of different households that the federal government has held for durations that advocates say exceed the boundaries established by federal courtroom rulings.

    These restrictions stem from the Flores Settlement, a 1997 authorized settlement {that a} federal courtroom has interpreted to imply that the federal government typically shouldn’t maintain youngsters in immigration custody for greater than 20 days.

    As of final month, there have been about 1,400 individuals being held at Dilley, together with youngsters and oldsters, in keeping with RAICES, a authorized immigrant advocacy group. The ability was closed throughout the Biden administration and was re-opened final 12 months because the Trump administration’s immigration crackdown ramped up. 

    The 60 days that Marcano, her husband Stiven Prieto, and their daughter have been held there may be 3 times the final authorized restrict permitted by the settlement.

    “The Trump administration is holding youngsters and households in detention for extended durations of time, weeks, months,” Elora Mukherjee, the household’s lawyer, instructed ABC Information. “Youngsters and households on the Dilley facility do not have entry to enough clear ingesting water, the place they do not have entry to enough nutritious meals, [and] do not have entry to satisfactory medical care.

    ‘Why does this occur to us?’

    The household entered the U.S. utilizing the Biden-era Customs and Border Safety app in 2024, in keeping with courtroom paperwork. They have been processed and granted parole to reside within the nation whereas making use of for asylum. The household was launched final week after their 60-day detention and their first courtroom date is scheduled for 2027, in keeping with their lawyer. 

    A spokesperson for the Division of Homeland Safety mentioned the household “was launched into the nation beneath the Biden administration,” and confirmed their detention. 

    “For years, the Flores consent decree has been a instrument of the left to advertise an open borders agenda,” the DHS spokesperson mentioned. “It’s lengthy overdue for a single district in California to cease managing the Government Department’s immigration features. The Trump administration is dedicated to restoring frequent sense to our immigration system.”

    Early on throughout their detention, the household says 1-year-old Amalia developed a persistent fever. Marcano instructed ABC Information that regardless of her repeated pleas for remedy, the medical workers dismissed the signs.

    “The physician instructed me that fever was signal as a result of it meant she was actively combating a virus,” Marcano mentioned in Spanish. “I bought actually upset … and instructed her that regardless of the case was, a fever shouldn’t be factor. If she did not know that fever might kill individuals, or that fever might trigger convulsions, fever would by no means be good.”

    In a habeas petition Marcano filed towards the federal government, she and her lawyer claimed the Dilley facility lacked primary hygiene and diet, and that they noticed bugs within the meals. They alleged that the faucet water smelled so strongly of chlorine that the household spent their restricted funds on bottled water for his or her daughter. 

    Khelin Marcano, Stiven Prieto and their one-year-old daughter Amalia have been launched from immigration detention this month.

    ABC Information

    Marcano instructed ABC Information that at one level throughout their detention, Amalia appeared to lose her power and collapsed in her arms.

    “I grabbed her and I dressed her and I took her again to the clinic, and I started to argue with the medical doctors, asking who can be accountable for my daughter if one thing occurred to her,” Marcano mentioned.

    Marcano mentioned it was solely then that workers at Dilley transported her and Amalia by ambulance to a regional hospital, and later to a bigger hospital in San Antonio. The 1-year-old was identified with COVID-19 and a respiratory virus.  in keeping with the household and their habeas petition.

    In keeping with Marcano’s criticism, hospital workers offered her with a nebulizer and Albuterol to deal with Amalia’s respiratory misery — however once they returned to the Dilley facility, the workers instantly confiscated each the nebulizer and the remedy.

    “They took her therapy away,” Marcano mentioned. “Why does this occur to us if we’ve carried out every little thing proper? I used to be begging the officers to please assist me get out of there, and nobody listened to me.”

    The household was launched collectively shortly after they filed a habeas petition. Marcano instructed ABC Information that, whereas inside the power, she met households with pregnant girls and noticed youngsters as younger as 2 months previous.

    Lengthy-term results

    A number of immigrant advocates and attorneys instructed ABC Information that the Trump administration is retaining youngsters and households who’re searching for asylum and different types of authorized reduction in extended detention.

    In Minneapolis, the place 5-year-old Liam Conejo Ramos was detained alongside along with his father on their means house from college final month, native college officers instructed ABC Information that immigration authorities had detained 4 different college students from the district. Certainly one of them, 11-year-old Elizabeth Zuna Caisaguano, was detained alongside along with her mom for a couple of month, in keeping with the household’s lawyer, Bobby Painter.

    “They have been pulled over by ICE and pulled out of their automobile, thrown on an airplane and despatched to Dilley, all within the span of perhaps 24 hours,” the lawyer mentioned.

    Some households have been held for months, attorneys instructed ABC Information.

    “The results of detention are long-term on youngsters,” Mukherjee, Marcano’s lawyer, instructed ABC Information. “Youngsters who’re with their dad and mom and who’re protected with their dad and mom ought to by no means be detained when it isn’t in a toddler’s finest curiosity.”

    The one-year-old was identified with COVID-19 and RSV throughout their immigration detention in keeping with a lawsuit.

    Lawyer Elora Mukherjee

    The DHS, in an announcement, mentioned “being in detention is a alternative.”

    “We encourage all dad and mom to take management of their departure with the CBP Dwelling App,” the spokesperson mentioned. “The US is providing unlawful aliens $2,600 and a free flight to self-deport now.”

    Since being launched, Marcano mentioned her daughter hardly cries at evening anymore like she did once they have been on the detention middle.

    “We’re feeling superb and thank god for his blessings,” she instructed ABC Information. “We’re nonetheless a little bit on edge about what we have been planning on doing given every little thing forward. So we’re left right here desirous about what’s going to occur to us and that provides us a little bit of concern.”

    “Are they going to go away us alone?” Marcano mentioned. “That is what we hope, however we do not know.”



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