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Original Date Announced
May 24, 2019On May 24, 2019, U.S. Customs and Border Protection (CBP) issued a policy memorandum entitled, "Clarification of At-Risk Population and Hold Room Monitoring Provisions in the CBP National Standards on Transport, Escort, and Detention." The policy memo updated transport, escort, and detention provisions related to the care and custody of certain at-risk populations, specifically individuals with a known or reported contagious disease, illness, or injury or who have been isolated or quarantined within a CBP facility. The memo also directed CBP’s Office of Accountability to work with components to develop a method to ensure compliance with these requirements prior to the end of fiscal year 2019.
Effective Date
May 24, 2019Biden Administration Action: Modified
November 30, 2021Policy Statement and Required Actions Regarding Pregnant, Postpartum, Nursing Individuals, and Infants in Custody
On November 30, 2021, U.S. Customs and Border Protection (CBP) issued a policy statement announcing a new overarching policy for managing persons held in custody who are pregnant, postpartum, or nursing or may have other humanitarian or public health needs. In addition to listing concrete provisions, the statement called on the Office of Field Operations (OFO) and the United States Border Patrol (USBP) to submit policy implementation plans for approval within 45 days of the CBP Commissioner's approval of the policy.
This policy statement supplements the 2019 policy directive entitled, "Clarification of At-Risk Population and Hold Room Monitoring Provisions in the CBP National Standards on Transport, Escort, and Detention."
View DocumentCurrent Status
Fully in EffectMost Recent Action
November 30, 2021 Action: Modified Policy Statement and Required Actions Regarding Pregnant, Postpartum, Nursing Individuals, and Infants in CustodyNovember 30, 2021Acted on by Biden Administration
Original Trump Policy Status
Status: ReportedTrump Administration Action: Agency DirectiveAgencies Affected: CBPAssociated or Derivative Policies
Commentary
CBP Needs to Strengthen Its Oversight and Policy to Better Care for Migrants Needing Medical Attention
On July 20, 2022, the Department of Homeland Security (DHS) Office of Inspector General (OIG) issued a memorandum calling on U.S. Customs and Border Protection (CBP) to exercise better oversight and adherence to prescribed policy in order to adequately safeguard migrants experiencing medical emergencies or illnesses along the southwest border. The OIG report found that CBP was not completing health interviews and "regular and frequent" welfare checks for individuals experiencing serious medical conditions as required by CBP's policy memo issued in 2019. It called on CBP to provide better oversight and training for staff conducting medical screenings.
Go to articleCBP Oversees Short- Term Custody Standards, but Border Patrol Could Better Monitor Care of At-Risk Individuals
In September 2022, the United States Government Accountability Office (GAO) issued a report reviewing U.S. Customs and Border Protection (CBP) processes for overseeing its personnel’s adherence to Transport, Escort, and Detention Standards (TEDS). The report addressed the 2019 memo included in this post and examined the extent to which personnel were following published guidelines for managing at-risk populations. GAO recommended that CBP develop and implement a mechanism for monitoring the agency’s compliance with welfare-check requirements for these particularly vulnerable populations.
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