400 Immigrant Children Held Beyond Legal Detention Limit: Reports of Poor Conditions and Medical Neglect

Advocates documented injuries sustained by children and insufficient access to adequate medical care

Hundreds of immigrant children remained in federal detention exceeding a court-mandated time limit, with some held for more than five months, according to court filings that have raised serious concerns among legal advocates who argue the government is failing in its duty to protect children.

Legal representatives for detainees highlighted the government's own acknowledgment of extended custody periods for immigrant children, reports of contaminated food, inadequate access to medical care and legal representation reported by families and monitors at federal facilities, and a renewed use of hotels for detention purposes.

The attorneys' reports were submitted late Monday as part of a civil lawsuit initiated in 1985 that resulted in the establishment of court-ordered supervision standards in 1997 and eventually set a 20-day detention limit. The Trump administration is seeking to terminate this agreement.

A December 1 report from US Immigration and Customs Enforcement revealed approximately 400 immigrant children were detained beyond the 20-day limit between August and September. Officials informed the court that this issue was widespread and not confined to any specific region or facility. The primary factors extending their detention were categorized into three groups: transportation delays, medical requirements, and legal processing.

Legal advocates representing the children argued these reasons do not constitute lawful justifications for delaying their release. Through interviews with detained families, advocates identified five children who had been held for 168 days. The report did not specify the ages of these children.

ICE did not provide an immediate response to a request for comment on Tuesday.

While the federal court permits hotel use for temporary detention up to 72 hours, attorneys questioned the government's data, which they believe inadequately explained why children were kept in hotel rooms beyond the three-day limit.

Conditions at detention facilities remain an ongoing concern since the family detention center in Dilley, Texas, reopened this year.

Advocates documented injuries suffered by children and lack of access to proper medical attention. One child with a bleeding eye injury wasn't seen by medical staff for two days. Another child suffered a broken foot when a staff member dropped a volleyball net pole, according to court documents. "Medical staff instructed one family whose child experienced food poisoning to only return if the child vomited eight times," the advocates stated in their response.

"Children suffer from diarrhea, heartburn, stomach pains, and they are provided food that literally contains worms," wrote one person with family staying at the Dilley facility in a declaration submitted to the court. Another reported being served "broccoli and cauliflower that were moldy and contained worms."

Chief US District Judge Dolly Gee of the Central District of California is scheduled to hold a hearing on these reports next week, where she may decide if court intervention is necessary.