A decade after a federal court ordered Customs and Border Protection (CBP) to improve conditions at its Tucson Station, recent inspections and detainee testimony indicate the agency is still falling short. Two Office of Inspector General (OIG) reports released this year document ongoing violations of the permanent injunction issued by U.S. District Judge David C. Bury in April 2020.
Background of the court order
The injunction stemmed from Doe v. Mayorkas, a 2015 class‑action lawsuit filed by the ACLU of Arizona on behalf of migrants held in CBP custody. Plaintiffs described sleeping on bathroom floors, inadequate food, and unsafe water. The court ordered CBP to provide raised cots or bunks with mattresses, washable blankets, functional showers, sufficient nutrition, potable water, and a medical assessment by a qualified professional for anyone detained longer than 48 hours. Failure to meet these standards would require the agency to release or transfer detainees.
Recent OIG findings
In May 2024 the DHS Office of Inspector General conducted unannounced inspections at five CBP facilities in the Tucson sector, including the Tucson Coordination Center, the “Soft‑sided” Facility, Nogales Processing Facility and Ajo Station. The final report, issued in January 2025, found numerous breaches of the court order.
- Medical care was deemed “dangerously unreliable.” CBP’s contracted providers lacked sufficient staff, a fact flagged in two internal medical‑office letters.
- At least 12 welfare‑check failures were recorded, including an unaccompanied minor who was 24 weeks pregnant.
- Detention periods exceeded the agency’s own 72‑hour standard in many cases.
- Electronic custody logs (ENFORCE3) showed gaps of six to 13 hours in 15 logs and duplicate entries that suggested forged or back‑dated records.
The OIG concluded that Border Patrol’s overlap with ICE limited its ability to address prolonged detention, but the agency still violated both the court order and its own national standards on transport, escort, detention and search.
First‑hand accounts
Norlan Flores, the original plaintiff, said the conditions he sued over remain unchanged. “I think this is never‑ending. Nothing has changed; things have gotten worse,” he told reporters.
Other detainees released in 2025 described freezing temperatures, overcrowded cells and lack of basic hygiene—conditions identical to those described in the 2015 lawsuit. University of Arizona student Yassine Halhoul, who was released from ICE custody in November 2025, called the temperature “a tool of torture.”
Agency response
A CBP spokesperson acknowledged awareness of the court order but declined to comment further. CoreCivic, the private contractor operating the Eloy ICE facility, also declined to comment.
Legal and policy implications
Because the injunction is a permanent federal order, continued non‑compliance may constitute a violation of federal law. Attorneys for immigrant‑rights groups argue that the lack of transparent records hampers oversight and slows reform. Senior attorney Ami Hutchinson of Green Evans‑Schroeder noted, “The government isn’t following court orders; they’re violating more now than ever.”
The reports underscore ongoing challenges in enforcing constitutional protections for detainees, including the right to humane treatment and access to medical care. While the Tucson sector covers roughly 262 miles of the Arizona‑Mexico border, the findings may have broader relevance for CBP facilities nationwide.
What’s next?
Advocacy groups such as the International Rescue Committee, the ACLU of Arizona and the Florence Immigrants and Refugee Rights Project plan to use the OIG findings to push for stricter oversight and possible contempt proceedings. Attorneys say that without reliable access to facility logs and transfer records, verifying compliance will remain difficult.
For now, migrants moving through the Tucson sector continue to face conditions that the court deemed inhumane a decade ago, raising fresh questions about federal accountability and the effectiveness of existing legal remedies.
Original reporting: Arizona Luminaria — read the source article.
