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'It was cold, very cold': migrant children endure border patrol 'ice boxes' 'It was cold, very cold': migrant children endure border patrol 'ice boxes'
(2 months later)
Imagine being taken into a room. It is cold – very, very cold – and you shiver under the single layer of clothes that is all you are allowed to wear. The room is concrete and entirely bare: nothing on the walls, no furniture, no bedding of any sort other than the thin sheet you have been given. The only window allows guards to look in at you, but gives you no view of the world outside.Imagine being taken into a room. It is cold – very, very cold – and you shiver under the single layer of clothes that is all you are allowed to wear. The room is concrete and entirely bare: nothing on the walls, no furniture, no bedding of any sort other than the thin sheet you have been given. The only window allows guards to look in at you, but gives you no view of the world outside.
You sit in the room, huddled on the cold, hard floor, seeking warmth under the sheet. The room is lit by neon lights that are kept on 24 hours a day, and after a while you lose track of time. Is it day, is it night – you no longer know. Though there are many other people in the room with you, they are all strangers and no-one speaks to you. You are utterly alone. You sit in the room, huddled on the cold, hard floor, seeking warmth under the sheet. The room is lit by neon lights that are kept on 24 hours a day, and after a while you lose track of time. Is it day, is it night – you no longer know. Though there are many other people in the room with you, they are all strangers and no one speaks to you. You are utterly alone.
And you are 7 years old. And you are seven years old.
Carla (not her real name) was 7 years old when she was picked up by officers of Customs and Border Protection (CBP) last June, after she crossed the Mexican border into the US near Hidalgo, Texas. At the end of a grueling 10-day journey from El Salvador, which she left to escape danger and poverty and in the hope of being reunited with her parents in New York, she was taken by border patrol officers to a temporary holding station. Carla (not her real name) was seven years old when she was picked up by officers of Customs and Border Protection (CBP) last June, after she crossed the Mexican border into the US near Hidalgo, Texas. At the end of a grueling 10-day journey from El Salvador, which she left to escape danger and poverty and in the hope of being reunited with her parents in New York, she was taken by border patrol officers to a temporary holding station.
For the first two days, Carla had the company of her cousin, a woman in her early 20s, who had made the journey with her. But then her relative was separated from her and released. For the following 13 days – as official immigration papers record – Carla was detained in the concrete room, surrounded by about 15 other undocumented immigrants like herself.For the first two days, Carla had the company of her cousin, a woman in her early 20s, who had made the journey with her. But then her relative was separated from her and released. For the following 13 days – as official immigration papers record – Carla was detained in the concrete room, surrounded by about 15 other undocumented immigrants like herself.
When she described the room to the Guardian she called it an “hielera” – “ice box” in Spanish. “It was cold, very cold,” she said, through a translator. “The lights were on all the time, and the floor was hard. I couldn’t sleep.” When she described the room to the Guardian she called it an hielera – “ice box” in Spanish. “It was cold, very cold,” she said, through a translator. “The lights were on all the time, and the floor was hard. I couldn’t sleep.”
She was fed an apple and milk for breakfast, the same for lunch, and a sandwich at night. “I was hungry all the time.”She was fed an apple and milk for breakfast, the same for lunch, and a sandwich at night. “I was hungry all the time.”
After her cousin left, she was scared. She had no idea what would happen to her or how long she would be kept there, and she feared she would never see her parents again. She cried a lot; so much so that other children in the room were irritated. “They told me to shut up,” she said.After her cousin left, she was scared. She had no idea what would happen to her or how long she would be kept there, and she feared she would never see her parents again. She cried a lot; so much so that other children in the room were irritated. “They told me to shut up,” she said.
In all, she spent 15 days in the border station, far longer than the 72-hour limit set out in federal guidelines. She was granted two calls to her parents, who were already living in Long Island, having themselves made the journey from El Salvador the previous year. Carla’s parents remember what she said to them when she phoned: “I’m cold, I’m very tired, I want to leave this place,” she said.In all, she spent 15 days in the border station, far longer than the 72-hour limit set out in federal guidelines. She was granted two calls to her parents, who were already living in Long Island, having themselves made the journey from El Salvador the previous year. Carla’s parents remember what she said to them when she phoned: “I’m cold, I’m very tired, I want to leave this place,” she said.
Related: Freezing cells and sleep deprivation: the brutal conditions migrants still face after captureRelated: Freezing cells and sleep deprivation: the brutal conditions migrants still face after capture
Carla’s recollections are all-too familiar to immigration lawyers and advocacy groups who have long complained about the brutal conditions in temporary holding cells for undocumented border-crossers of all ages. But of all the stories that have been recounted, those involving children are the most visceral. Carla’s recollections are all too familiar to immigration lawyers and advocacy groups who have long complained about the brutal conditions in temporary holding cells for undocumented border crossers of all ages. But of all the stories that have been recounted, those involving children are the most visceral.
Carla’s attorney, Bryan Johnson, runs a law firm in Bay Shore, Long Island that deals exclusively with immigration cases. He has more than 200 unaccompanied minors on his books. Since last summer he has seen more and more children passing through his office with harrowing stories to tell about their harsh treatment in border stations. Carla’s attorney, Bryan Johnson, runs a law firm in Bay Shore, New York, that deals exclusively with immigration cases. He has more than 200 unaccompanied minors on his books. Since last summer he has seen more and more children passing through his office with harrowing stories to tell about their harsh treatment in border stations.
Johnson grew increasingly concerned about what he believed to be flagrant violations of official guidelines about the care of children. Eventually he decided that he had to take action, in an attempt to deter government officials from continuing the breaches.Johnson grew increasingly concerned about what he believed to be flagrant violations of official guidelines about the care of children. Eventually he decided that he had to take action, in an attempt to deter government officials from continuing the breaches.
He has lodged a legal petition aimed at senior officials within the Obama administration. He has written to a federal prosecutor in Texas whose district covers the border zone, calling for the criminal prosecution of the Department of Homeland Security (DHS) secretary, Jeh Johnson, and his predecessor Janet Napolitano. He has lodged a legal petition aimed at senior officials within the Obama administration. He has written to a federal prosecutor in Texas whose district covers the border zone, calling for the criminal prosecution of the Department of Homeland Security (DHS) secretary, Jeh Johnson, and his predecessor Janet Napolitano.
The dramatic request for a criminal prosecution is justified, Johnson believes, because the DHS presides over a system that has deprived his child clients of their constitutional rights to adequate food, shelter, clothing and medical care while detained at border stations. The dramatic request for a criminal prosecution is justified, Bryan Johnson believes, because the DHS presides over a system that has deprived his child clients of their constitutional rights to adequate food, shelter, clothing and medical care while detained at border stations.
“We are talking here about a violation of the laws and of the US constitution which states very clearly how the government must treat people in its custody. It has been stunning to me to discover how bad the conditions are. I knew about the ‘hieleras’ but I didn’t know that children were being subjected to the same brutal conditions with no regard to the law,” he said. “We are talking here about a violation of the laws and of the US constitution which states very clearly how the government must treat people in its custody. It has been stunning to me to discover how bad the conditions are. I knew about the hieleras but I didn’t know that children were being subjected to the same brutal conditions with no regard to the law,” he said.
Last week, Jeh Johnson posted an open letter on the DHS website in which he explained the Obama administration’s current approach to immigration. He said that while the president had announced an executive action to allow up to 5 million undocumented immigrants to “come out of the shadows” and become taxpayers, that related only to those who have lived in the US for at least five years.Last week, Jeh Johnson posted an open letter on the DHS website in which he explained the Obama administration’s current approach to immigration. He said that while the president had announced an executive action to allow up to 5 million undocumented immigrants to “come out of the shadows” and become taxpayers, that related only to those who have lived in the US for at least five years.
Johnson went on to warn more recent arrivals that the administration has clamped down on border crossers. Anyone they found would be “apprehended, detained, and turned back in accordance with our laws”.Johnson went on to warn more recent arrivals that the administration has clamped down on border crossers. Anyone they found would be “apprehended, detained, and turned back in accordance with our laws”.
He had a particular message for children: “Children in Central America looking for family and a safer life in the United States must be … discouraged from the unlawful, dangerous path through Mexico, in the hands of a criminal smuggling organisation. Last summer I personally saw hundreds of children who made that journey. It brought tears to my eyes. No child should ever face that ordeal; it is not for children.” He had a particular message for children: “Children in Central America looking for family and a safer life in the United States must be … discouraged from the unlawful, dangerous path through Mexico, in the hands of a criminal smuggling organisation. Last summer I personally saw hundreds of children who made that journey. It brought tears to my eyes. No child should ever face that ordeal; it is not for children.”
The DHS secretary made no reference to the conditions that such children are forced to endure in US government holding cells along the border. Conditions like those experienced by Tatiana (not her real name), who is cited in the legal petition calling for Johnson to be prosecuted. Speaking through a translator, she described to the Guardian what happened to her and her nine-month-baby Rafael (also a pseudonym) when they were detained at a border station in Texas in July, having travelled by bus and boat to the US from Honduras. The DHS secretary made no reference to the conditions that such children are forced to endure in US government holding cells along the border. Conditions like those experienced by Tatiana (not her real name), who is cited in the legal petition calling for Johnson to be prosecuted. Speaking through a translator, she described to the Guardian what happened to her and her nine-month-old baby, Rafael (also a pseudonym), when they were detained at a border station in Texas in July, having travelled by bus and boat to the US from Honduras.
“I’d heard about the ice boxes, that they were very cold, but I had no idea they were quite that bad,” she said. “We were so cold all the time.”“I’d heard about the ice boxes, that they were very cold, but I had no idea they were quite that bad,” she said. “We were so cold all the time.”
She said she was shocked by the concrete cell in which she and her baby were kept for 10 days. “I thought of the US as a country where human rights are respected, especially of children. I thought of it as a place of freedom, full of sunlight, where you’d feel the wind like you were outside.”She said she was shocked by the concrete cell in which she and her baby were kept for 10 days. “I thought of the US as a country where human rights are respected, especially of children. I thought of it as a place of freedom, full of sunlight, where you’d feel the wind like you were outside.”
The Guardian has seen official documents that record the number of days both Tatiana and Carla spent in the holding cells. The documents also confirm the girls’ real names, which are not being disclosed here at the request of their legal representatives and families.The Guardian has seen official documents that record the number of days both Tatiana and Carla spent in the holding cells. The documents also confirm the girls’ real names, which are not being disclosed here at the request of their legal representatives and families.
Tatiana was 16 at the time of her detention, a child herself. “The room was so cold you almost couldn’t breathe, it made your nose hurt,” she said. There was no bedding, not even a blanket, and she slept fitfully with Rafael in her arms. After a few days the baby caught a cold and stopped eating solids, and for a couple of days he wouldn’t even take his mother’s milk. His weight fell from 23lbs when he arrived at the border station to 15lbs.Tatiana was 16 at the time of her detention, a child herself. “The room was so cold you almost couldn’t breathe, it made your nose hurt,” she said. There was no bedding, not even a blanket, and she slept fitfully with Rafael in her arms. After a few days the baby caught a cold and stopped eating solids, and for a couple of days he wouldn’t even take his mother’s milk. His weight fell from 23lbs when he arrived at the border station to 15lbs.
She said she didn’t ask for medical treatment for her son because of an incident she had witnessed involving another mother in the holding cell. The other woman had asked a guard for help with her infant child who was suffering from the cold, and the guard replied: “Why do you come here if you don’t like it? You should go back home.”She said she didn’t ask for medical treatment for her son because of an incident she had witnessed involving another mother in the holding cell. The other woman had asked a guard for help with her infant child who was suffering from the cold, and the guard replied: “Why do you come here if you don’t like it? You should go back home.”
After that, Tatiana decided to keep quiet about her own son’s difficulties. “It felt bad: your son is sick but you say nothing because you’re scared,” she said.After that, Tatiana decided to keep quiet about her own son’s difficulties. “It felt bad: your son is sick but you say nothing because you’re scared,” she said.
Both Tatiana and Carla were detained last summer during an exceptional surge of unaccompanied child immigrants crossing the border illegally. More than 50,000, largely from Honduras and other Central American countries, arrived in a matter of weeks, overwhelming the CBP and child services Both Tatiana and Carla were detained last summer during an exceptional surge of unaccompanied child immigrants crossing the border illegally. More than 50,000, largely from Honduras and other Central American countries, arrived in a matter of weeks, overwhelming the CBP and child services.
Since then, the numbers have receded. But groups working with undocumented immigrants warn that children continue to be subjected to harsh conditions in the “ice boxes” in border stations.Since then, the numbers have receded. But groups working with undocumented immigrants warn that children continue to be subjected to harsh conditions in the “ice boxes” in border stations.
“Nothing has changed in terms of the abuse and impunity of border agencies, and nothing has changed in terms of the brutal conditions that children endure in confinement,” said James Lyall, a staff attorney in the Tucson, Arizona office of the American Civil Liberties Union (ACLU). “Nothing has changed in terms of the abuse and impunity of border agencies, and nothing has changed in terms of the brutal conditions that children endure in confinement,” said James Lyall, a staff attorney in the Tucson, Arizona, office of the American Civil Liberties Union (ACLU).
He added: “We consistently continue to hear stories of people locked in ‘hieleras’ in isolation, without medical care, lights on all night, no blankets – that remains a constant theme.” He added: “We consistently continue to hear stories of people locked in hieleras in isolation, without medical care, lights on all night, no blankets – that remains a constant theme.”
In a statement to the Guardian, the CBP said that the border stations where Carla and Tatiana were held were “designed to provide for the security, safety and well-being of those in our custody and are maintained in accordance with applicable laws and policies. Temperatures are set at 70F (21C) and detainees are provided blankets. Facilities are illuminated to provide for the safety of those in custody and agency personnel.”In a statement to the Guardian, the CBP said that the border stations where Carla and Tatiana were held were “designed to provide for the security, safety and well-being of those in our custody and are maintained in accordance with applicable laws and policies. Temperatures are set at 70F (21C) and detainees are provided blankets. Facilities are illuminated to provide for the safety of those in custody and agency personnel.”
The statement goes on to say that the CBP “investigates all allegations of misconduct, and is committed to improving on the progress made in detainee treatment and continuing to emphasise policies that protect human life and treat individuals with dignity and respect”.The statement goes on to say that the CBP “investigates all allegations of misconduct, and is committed to improving on the progress made in detainee treatment and continuing to emphasise policies that protect human life and treat individuals with dignity and respect”.
That conflicts, however, with the ACLU’s account of events. Together with a coalition of immigration advocacy and civil rights groups, the organisation filed a complaint last summer on behalf of 116 unaccompanied minors aged 5 to 17 who it alleged had experienced “abuse and mistreatment” while in CBP custody.That conflicts, however, with the ACLU’s account of events. Together with a coalition of immigration advocacy and civil rights groups, the organisation filed a complaint last summer on behalf of 116 unaccompanied minors aged 5 to 17 who it alleged had experienced “abuse and mistreatment” while in CBP custody.
Despite early promises by the Obama administration to conduct a full investigation into the allegations, none has been forthcoming, and the Office of Inspector General, which oversees civil rights at the border, has yet to issue its response.Despite early promises by the Obama administration to conduct a full investigation into the allegations, none has been forthcoming, and the Office of Inspector General, which oversees civil rights at the border, has yet to issue its response.
Both Carla and Tatiana, now 8 and 17 respectively, eventually made it to Long Island to be reunited with their parents. Both are prospering: they are at school, and say that they are happy and are being treated well. Their American dream has begun.Both Carla and Tatiana, now 8 and 17 respectively, eventually made it to Long Island to be reunited with their parents. Both are prospering: they are at school, and say that they are happy and are being treated well. Their American dream has begun.
Tatiana said she doesn’t regret having come to the US, despite her experiences at the border. “I’m with my parents and my child,” she said. “I’m safe. You don’t get hurt or killed just by stepping outside in Long Island.”Tatiana said she doesn’t regret having come to the US, despite her experiences at the border. “I’m with my parents and my child,” she said. “I’m safe. You don’t get hurt or killed just by stepping outside in Long Island.”
But she still thinks about the 10 days she spent with her baby in an ice box. And she has a message for the government: “Have a little heart when you see children sleeping on the hard floor in the cold. Treat people better. Make changes. We are all human beings.”But she still thinks about the 10 days she spent with her baby in an ice box. And she has a message for the government: “Have a little heart when you see children sleeping on the hard floor in the cold. Treat people better. Make changes. We are all human beings.”