-
Original Date Announced
May 5, 2025CBP Acting Commissioner Pete Flores issued a memo titled "Rescission of Legacy Policies Related to Care and Custody" to rescind immediately four policies on custody and monitoring of pregnant, postpartum and medically at-risk individuals. The memo states that these 2022, 2023, and 2024 policies are misaligned with current agency guidance and immigration-enforcement priorities. The memo instructs CBP personnel to continue following National Standards on Transport, Escort, Detention and Search (TEDS) while transferring immigrants from CBP custody and to follow the medical procedures outlined in the Flores Settlement Agreement.
Trump 2.0 [ID #1754]
2025.05.05 CBP - Rescission of Legacy Policies Related to Care and CustodyEffective Date
May 5, 2025Subsequent Trump and Court Action
May 26, 20262026.05.26 Habeas Petition and Complaint - Gyasi v. Scott
A pregnant mother and her disabled child filed a habeas petition and complaint after CBP detained the family at Washington Dulles Airport when they arrived in the U.S. on valid tourist visas to seek medical care for the child. The complaint alleges that the family has been locked in a windowless cell inside the airport for 24 hours a day for more than a week, without adequate food and medical care, in violation of the INA, the Flores settlement, federal regulations, CBP detention standards, and the Fifth Amendment. It discusses the CBP memo described above, alleging that attorneys and medical professionals have seen a “shocking number of detained postpartum and pregnant women” in immigration detention since then. The family seeks declaratory relief and immediate release or an injunction to prevent the government from detaining them under conditions that threaten their health and safety. Gyasi v. Scott, No. 1:26-cv-01436 (E.D. Va.).
**Link to case here. Our litigation entries generally report only the initial complaint and any major substantive filings or decisions. For additional information, CourtListener provides access to PACER and all available pleadings. Other sites that track litigation in more detail or organize cases by topic include Civil Rights Clearinghouse, Justice Action Center, National Immigration Litigation Alliance, and Just Security**
View DocumentCurrent Status
NoneOriginal Trump Policy Status
Status: Final/ActualTrump Administration Action: Agency DirectiveSubject Matter: DetentionAgencies Affected: CBPAssociated or Derivative Policies
- May 24, 2019 CBP issues memo addressing transport, escort, and detention standards and clarifying hold room monitoring provisions for at-risk populations.
- March 20, 2020 COVID-19: CDC order under Title 42 authorizes CBP expulsion of persons arriving by land from Mexico or Canada without valid documents
- March 20, 2020 COVID-19: CBP issues memo on turning away migrants at borders, including unaccompanied minors and asylum seekers
Pre Trump-Era Policies
Documents
Trump-Era Policy Documents
To provide information, corrections, or feedback, please email IPTP.feedback@gmail.com
Commentary
2025.05.08 Wired - CBP Quietly Revokes Protections for Pregnant Women and Infants
Wired reports that CBP rolled back four policies meant to protect some of the most vulnerable people in its custody, like pregnant women, babies, elderly people, and individuals with serious medical conditions. These policies, instituted by the Biden administration, included required timely medical care, access to formula and diapers, and faster processing of at-risk individuals. Advocates and lawmakers are pushing back on these rescissions, especially after repeated reports of neglect and preventable deaths in CBP custody.
Go to article