Trump’s Justice Department argued on Tuesday in front of a Ninth Circuit panel that the government is not obligated to provide migrant children in detention centers with regular beds, toothbrushes or soap, according to Courthouse News.
While the Federal Court has yet to issue a judgment, the three-judge panel is likely to deny the request of Justice Department attorney Sarah Fabian, according to the outlet.
Fabian is seeking to challenge a Los Angeles District Court ruling that held that the administration had breached the 1997 settlement of Jenny Lisette Flores v. Edwin Meese by failing to provide children with adequate food, drinking water, soap, toothbrushes, and towels.
That court also said the children were being deprived of sleep and access to bathrooms and were subjected to near-freezing temperatures.
“Are you arguing seriously that you do not read the agreement as requiring you to do anything other than what I just described: cold all night long, lights on all night long, sleeping on concrete and you’ve got an aluminum foil blanket?“I find that inconceivable that the government would say that that is safe and sanitary,” said U.S. Circuit Judge William Fletcher
U.S. Circuit Judge Marsha Berzon mirrored Fletcher’s opinions, saying “you’re really going to stand up and tell us that being able to sleep isn’t a question of safe and sanitary conditions?'”
Flores was filed in 1985 for a group of unaccompanied Central American children. Its settlement was unsuccessfully challenged in 2015 by the Obama administration, which claimed the detainees were not entitled to a bond hearing.