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- Title
No More Hieleras: Doe v. Kelly's Fight for Constitutional Rights at the Border.
- Authors
Marquez-Avila, Mitzi
- Abstract
U.S. Customs and Border Protection's (CBP) short-term holding cells have received mass media attention because of their inhumane and punitive conditions. CBP agents and immigration detainees alike refer to these cells as hieleras, Spanish for freezers or iceboxes, because these cells, which hold migrants arrested while crossing the U.S.-Mexico border, have unbearably cold temperatures--as low as 58.8 degrees Fahrenheit. Along with freezing temperatures, detainees must endure overcrowded and unsanitary cells, prolonged detention, deprivations of basic human needs such as food, water and hygiene, and inadequate medical care. Despite widespread media attention, legal scholarship has not yet explored the constitutional and policy issues raised by the deplorable hielera conditions. This Comment draws attention to rights violations inside hieleras and is the first to analyze a groundbreaking class action lawsuit brought by an immigrants' rights coalition to challenge the conditions in CBP holding cells. In addition to analyzing this promising litigation strategy, this Comment also argues that the U.S. Congress should explore solutions, such as federal legislation and independent monitoring, to improve confinement standards.
- Subjects
U.S. Customs &; Border Protection; PRISON conditions; JAIL overcrowding; JAIL management; IMMIGRANTS' rights
- Publication
UCLA Law Review, 2019, Vol 66, Issue 3, p818
- ISSN
0041-5650
- Publication type
Article