Case 2:85-cv-04544-DMG-AGR Document 481 Filed 08/24/18 Page 1 of 7 Page ID #:24646

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CENTER FOR HUMAN RIGHTS & CONSTITUTIONAL LAW
Peter A. Schey (Cal. Bar No. 58232)
Carlos Holguín (Cal. Bar No. 90754)
256 South Occidental Boulevard
Los Angeles, CA 90057
Telephone: (213) 388-8693
Facsimile: (213) 386-9484
Email: pschey@centerforhumanrights.org
crholguin@centerforhumanrights.org
ORRICK, HERRINGTON & SUTCLIFFE LLP
Elena Garcia (Cal. Bar No. 299680)
egarcia@orrick.com
777 South Figueroa Street, Suite 3200
Los Angeles, CA 90017
Telephone: (213) 629-2020
Attorneys for plaintiffs (listing continues on following page)

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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA, WESTERN DIVISION

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)
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Plaintiffs,
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- vs )
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JEFFERSON B. SESSIONS, ATTORNEY
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GENERAL OF THE UNITED STATES, et al., )
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Defendants.
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)

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JENNY LISETTE FLORES, et al.,

Case No. CV 85-4544 DMG (AGRx)

PLAINTIFFS’ MEMORANDUM RE CBP
FACILITIES SUBJECT TO MONITORING

HEARING: N/A

 Case 2:85-cv-04544-DMG-AGR Document 481 Filed 08/24/18 Page 2 of 7 Page ID #:24647
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Plaintiffs’ counsel, continued
:
LA RAZA CENTRO LEGAL, INC.
Michael S. Sorgen (Cal. Bar No. 43107)
474 Valencia Street, #295
San Francisco, CA 94103
Telephone: (415) 575-3500
THE LAW FOUNDATION OF SILICON VALLEY
LEGAL ADVOCATES FOR CHILDREN AND YOUTH
PUBLIC INTEREST LAW FIRM
Jennifer Kelleher Cloyd (Cal. Bar No. 197348)
Katherine H. Manning (Cal. Bar No. 229233)
Annette Kirkham (Cal. Bar No. 217958)
152 North Third Street, 3rd floor
San Jose, CA 95112
Telephone: (408) 280-2437
Facsimile: (408) 288-8850
Email: jenniferk@lawfoundation.org
kate.manning@lawfoundation.org
annettek@lawfoundation.org
Of counsel:

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YOUTH LAW CENTER
Virginia Corrigan (Cal. Bar No. 292035)
200 Pine Street, Suite 300

San Francisco, CA 94104
Telephone: (415) 543-3379

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Memorandum re CBP Facilities to Monitor

CV 85-4544 DMG

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 Case 2:85-cv-04544-DMG-AGR Document 481 Filed 08/24/18 Page 3 of 7 Page ID #:24648
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Because Plaintiffs’ evidence in support of its motion to compel relating to
conditions in Customs and Border Protection (CBP) facilities largely focused at the
time on CBP facilities in the Rio Grande Valley Sector (“RGV Sector”) where
Plaintiffs’ monitoring took place, this Courts June 2017 Order [Dkt. # 363] limited its
finding of noncompliance to those CBP facilities:

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Though Plaintiffs have submitted a plethora of detainee declarations in

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support of their motion, the Court notes that the overwhelming majority of

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them come from detainees who stayed at CBP stations located within the

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Rio Grande Valley Sector (“RGV Sector”). One or two declarations from
detainees located within other sectors that span over one hundred miles
and have multiple CBP stations is not enough to satisfy the preponderance

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of the evidence standard regarding the conditions at those facilities.
As such, the Court limits its discussion of conditions and the scope of any
resultant monitoring [by a newly appointed CBP monitor] to those CBP

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facilities located within the RGV Sector … While the Court certainly did
not limit the scope of its August 21, 2015 Order in this way, there is
insufficient evidence to suggest that any other CBP stations in locales

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outside of the RGV Sector have failed to comply with the Court’s earlier

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order that they should “comply with the Agreement and Defendants’ own

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acknowledged standards and procedures.” 212 F. Supp. 3d at 915.

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June 2017 Order [Dkt. # 363] at 8.

MEMORANDUM RE CBP FACILITIES TO MONITOR

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CV 85-4544 DMG

 Case 2:85-cv-04544-DMG-AGR Document 481 Filed 08/24/18 Page 4 of 7 Page ID #:24649
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Based upon the over 200 declarations obtained in June and July 2018 as a
result of Plaintiffs’ monitoring and filed with Plaintiffs’ Memorandum Re Status
Conference and Response to Third Government Monitors’ Reports [Dkt. # 462],

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there is ample unrefuted evidence of ongoing and widespread violations of the

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Agreement in five additional CBP facilities. Id. Numerous declarations evidencing

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persistent non-compliance were executed by Class Members and their parents

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detained in the following Border Patrol stations: El Centro, Chula Vista, and San

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Ysidro, California; Santa Teresa, New Mexico; Yuma and the Tucson

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Coordination Center, Arizona. These facilities are relatively small and easily
subject to monitoring.
As the filed declarations disclose, Class Members and their parents detained

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in these CBP facilities consistently report that they are not fed sufficient amounts
of food, food has been served in an inedible condition, either spoiled or partially
frozen, available water is highly chlorinated and not drinkable, Class Members are

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held in unsanitary cells, they suffer sleep deprivation because of lack of mats,
blankets and because of overcrowding, room temperatures are extremely cold, and
Class Members have not been provided with notice of their rights. These are

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precisely the same non-compliance issues Class Members have testified to in the

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RVG Sector and that are addressed in the Court’s August 21, 2015 Order [Dkt. #

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189] and its June 2017 Order [Dkt. #363]. See, e.g., Plaintiffs’ Exhibits 23, 31-32,

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39-43, 45, 47, 49-56, 59-61, 63, and 65 (32 declarations re CBP El Centro) [Dkt.

MEMORANDUM RE CBP FACILITIES TO MONITOR

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CV 85-4544 DMG

 Case 2:85-cv-04544-DMG-AGR Document 481 Filed 08/24/18 Page 5 of 7 Page ID #:24650
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## 462-3, 462-4, 462-5]; Plaintiffs’ Exhibits 28, 34, 44, 129-148 (24 declarations

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re CBP San Ysidro Land Port of Entry) [Dkt. ## 462-3, 462-4, 462-8, 462-9];

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Plaintiffs’ Exhibits 38, 149-52 (six declarations re CBP Chula Vista Station) [Dkt.

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## 462-4, 462-9]; Plaintiffs’ Exhibits 153, 197, 216, 217 (4 declarations re CBP

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Santa Teresa Station) [Dkt. ## 462-9, 462-11, 462-12]; Plaintiffs’ Exhibits 26 and

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67-82 (17 declarations re CBP Tucson Coordination Center) [Dkt. ## 462-3, 462-5,

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462-6]; Plaintiffs’ Exhibits 103-128 (26 declarations re CBP Yuma Station) [Dkt.

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## 462-7, 462-8].1

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Defendants’ CBP Juvenile Coordinator also monitored and reported on CBP

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facilities outside of the Rio Grande Sector, including CBP stations where

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Plaintiffs’ declarations were executed in Sante Teresa, Yuma, Chula Vista, and the

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CBP San Ysidro Land Port of Entry, and CBP’s Management Inspections Division
of the Office of Accountability also saw fit to monitor the Tucson Coordination
Center as well as the CBP stations identified above. See U.S. CBP Juvenile

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Coordinator Report [Dkt. # 430-1], at 5, 16, 22, 24, 29, 30, 31.

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///

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Plaintiffs have prepared examples by way of excerpts of these declarations filed
herewith Exhibit 1.
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MEMORANDUM RE CBP FACILITIES TO MONITOR

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CV 85-4544 DMG

 Case 2:85-cv-04544-DMG-AGR Document 481 Filed 08/24/18 Page 6 of 7 Page ID #:24651

Based on the foregoing, Plaintiffs request that the Court authorize the

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Special Master to monitor the limited number of CBP facilities identified above

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where the record makes clear monitoring is required.

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Dated: August 24, 2018

Respectfully submitted,

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CENTER FOR HUMAN RIGHTS &
CONSTITUTIONAL LAW
Peter A. Schey
Carlos Holguín

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ORRICK, HERRINGTON & SUTCLIFFE LLP
Elena García

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LA RAZA CENTRO LEGAL, INC.
Michael Sorgen

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LAW FOUNDATION OF SILICON VALLEY LEGAL ADVOCATES FOR CHILDREN & YOUTH
Jennifer Kelleher Cloyd
Katherine H. Manning
Annette Kirkham

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Of counsel:

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YOUTH LAW CENTER
Virginia Corrigan

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/s/Peter Schey
Attorneys for Plaintiffs

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///

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MEMORANDUM RE CBP FACILITIES TO MONITOR

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CV 85-4544 DMG

 Case 2:85-cv-04544-DMG-AGR Document 481 Filed 08/24/18 Page 7 of 7 Page ID #:24652
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CERTIFICATE OF SERVICE

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I, Peter Schey, declare and say as follows:

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I am over the age of eighteen years of age and am a party to this action. I am

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employed in the County of Los Angeles, State of California. My business address is
256 S. Occidental Blvd., Los Angeles, CA 90057, in said county and state. 

On August 24, 2018, I electronically filed the following document(s):

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• PLAINTIFFS’ MEMORANDUM RE CBP FACILITIES SUBJECT TO MONITORING

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with the United States District Court, Central District of California by using the

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CM/ECF system. Participants in the case who are registered CM/ECF users will be
served by the CM/ECF system.

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/s/Peter Schey
Attorney for Plaintiffs

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MEMORANDUM RE CBP FACILITIES TO MONITOR

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CV 85-4544 DMG