Advocates say children are held in immigration custody beyond legal limits
In December, Khelin Marcano was preparing for a routine Immigration and Customs Enforcement appointment when she debated packing a bag for her 1-year-old daughter, Amalia. Though she and her husband had attended previous appointments without incident, they knew some families were being detained at government facilities. Shortly after arriving, the family was taken into custody and sent from El Paso to Texas’s Dilley immigration detention center, where they were held for 60 days — far exceeding the 20-day limit generally allowed under the Flores Settlement, a 1997 court agreement designed to protect children in immigration custody.
During their time at Dilley, Marcano says the family faced difficult conditions. She described unsanitary facilities, poor nutrition, and limited access to medical care. Early in detention, Amalia developed a persistent fever, but staff dismissed her symptoms. After collapsing from weakness, Amalia was transported by ambulance to a hospital, where she was diagnosed with COVID-19 and a respiratory virus. Her treatment, including a nebulizer and Albuterol, was confiscated upon their return to the facility. The family was released shortly after filing a habeas petition, with their first court date set for 2027. Advocates and attorneys say prolonged detention continues to affect children seeking asylum, citing other cases where minors have been held for weeks or months. Marcano said her daughter is now recovering, though the family remains anxious about what comes next.
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