US Customs and Border Protection Rescinds Vulnerability Policies
Recent internal communications from US Customs and Border Protection (CBP) reveal a significant policy shift that rescinds protections for vulnerable detainees. This decision particularly affects pregnant women, infants, the elderly, and those with serious medical conditions.
Details of the Policy Changes
On May 5, 2025, a memo signed by Acting Commissioner Pete Flores outlined the rescission of four Biden-era policies targeted at improving the care for detainees at risk. This memo was distributed internally among top agency officials but went largely unnoticed in public discourse.
CBP characterized these rescinded policies as “obsolete” and stated they were misaligned with the agency’s current enforcement strategies. The now-removed rules called for crucial support for detainees with heightened medical needs, including:
- Provision of water and food for pregnant detainees.
- Ensured privacy for breastfeeding mothers.
- Availability of diapers and unexpired formula in holding centers.
- Expedited processing of at-risk individuals to minimize their time in custody.
Expert Reactions
The decision has drawn sharp criticism from various advocacy groups. Sarah Mehta, deputy director of government affairs for the ACLU’s Equality Division, remarked, “It’s appalling and it’s just an extension of the culture of cruelty that the administration is trying to perpetrate.” She emphasized that this move reflects a disregard for the welfare of families with young children.
Challenges in CBP’s Detention System
As one of the world’s largest law enforcement agencies, CBP is pivotal in apprehending individuals who enter the US unlawfully. However, previous reports have highlighted serious shortcomings within CBP facilities, such as inadequate medical care and chronic overcrowding. A Senate Judiciary Committee report published in January 2025 exposed dysfunctions in medical operations, noting issues like chronic understaffing and poor guidance for treating vulnerable populations.
The report was triggered by the tragedy involving 8-year-old Anadith Danay Reyes Álvarez, who passed away in CBP custody in May 2023 despite having known medical issues. Her case underscores the urgency for enhanced care guidelines, as her family’s pleas for help were reportedly ignored.
Ongoing Oversight Issues
Senator Dick Durbin, chairman of the Senate Judiciary Committee, expressed grave concerns regarding transparency and humane treatment in CBP facilities. “This is unacceptable. We are a nation of values, and these values should be represented in the care of vulnerable people in our government’s custody,” he stated, voicing disappointment in the policy reversals.
Impact on Immigration Procedures
This recent policy reversal is part of a broader trend defining the Trump administration’s approach to immigration. Previous efforts aimed at revoking protections for certain immigrant groups have led to significant changes within the system, including efforts to remove legal status for hundreds of thousands from various countries.
Future Implications
While CBP maintains that personnel will adhere to broader standards under the National Standards on Transport, Escort, Detention, and Search (TEDS) and comply with the Flores agreement, critics argue that these measures may not adequately address the comprehensive needs of vulnerable detainees.
As the situation continues to evolve, further scrutiny and potential policy shifts may occur, shaping the landscape of US immigration enforcement and the treatment of those in custody.