That is exactly where the able USDC Judge Dolly Gee is headed — again. During Tangerine 1.0 she appointed an independent monitor — and things improved, so by the middle of Mr. Biden’s term… that monitor appointment automatically sun-setted (in no small part to avoid wasting federal taxpayer funds on no longer needed oversight).
But the Tangerine 2.0 status reports offered by ICE and border agents are rife with errors, ommissions and it would seem… even intentional non-compliance with the settlement terms Tangerine 1.0 himself agreed to. So back to exacting third party oversight we will shortly go (as set out in Judge Gee’s opinion tonight, in Flores):
…While Defendants consistently maintain that CBP is in substantial compliance with the FSA and CBP Settlement, Plaintiffs point to an alarming number of minors subject to prolonged detention in CBP facilities and backsliding conditions of confinement. Based on census data provided in the CBP JC’s supplemental reports, the average TIC for minors in CBP custody for over 72 hours has increased since August 2025.
For example, in August 2025, the average TIC was 112.93 hours, whereas in March 2026, the average TIC was 130.46 hours. [Doc. ## 1692-1 at 2, 1767-1 at 2.] While in January 2026 there were 58 minors held in CBP custody for over 72 hours, by March 2026, that number jumped to 155 minors. [See Doc. ## 1735-3, 1767-3.] These numbers are unacceptable.
Moreover, the Court has not been satisfied, so far, by Defendants’ explanations as to why they have been detaining class members for extended periods of time. Defendants assert that in “the majority of cases” where minors are held for over 72 hours, the reasons for delay have to do with awaiting transportation, travel documents, or for other agencies, such as ICE, to take custody. [See Doc. # 1767-1 at 2.] Defendants also justify delays in situations where an individual or family makes an asylum claim of fear and awaits appropriate screening. Id. These generalized circumstances are not unique, nor do they appear to reasonably justify prolonged detention in CBP facilities….
The issues identified in the Court’s August 15, 2025 MTE Order (e.g., cold temperatures, inadequate sleeping conditions, lack of soap), have continued to materialize in Plaintiffs’ responses to the CBP Juvenile Coordinator’s supplemental reports…. [In addition,] Plaintiffs continue to raise issues pertaining to inadequate medical care, family separation, lack of access to the outdoors, and exposed toilets…. Since the parties are unable to come to a consensus about basics facts on the ground, it appears even more important to have an Independent Monitor/Special Master to objectively monitor these issues….
The world-views of Trumpists and MAGA generally… are dying. The non-reputable non-deal “memo” from Trump on Iran tonight proves it. And even more so, the boisterous, joyful and uplifting opening ceremonies for the Obama Center, in the Southside’s Bronzeville ‘hood today — with Bush 43 and Laura clapping and singing right along… are that proof, too. Onward.
नमस्ते
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