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16-year-old Guatemalan fifth minor to die in US custody

Teen was held twice as long as federal law allows

HOUSTON — A 16-year-old Guatemala migrant who died Monday in U.S. custody had been held by immigration authorities for six days — twice as long as federal law generally permits — then was transferred to another holding facility even after he was diagnosed with the flu.

The teenager, identified by U.S. Customs and Border Protection as Carlos Gregorio Hernandez Vasquez, was the fifth minor from Guatemala to die after being apprehended by U.S. border agents since December.

Advocates demanded that President Donald Trump’s administration act to safeguard the lives of children in detention as border crossings surge and the U.S. Border Patrol detains thousands of families at a time in overcrowded facilities, tents and outdoor spaces.

“We should all be outraged and demand that those responsible for his well-being be held accountable,” said Efren Olivares, a lawyer with the Texas Civil Rights Project.

“If these were white children that were dying at this rate, people would be up in arms,” he said.

John Sanders, CBP’s acting commissioner, said in a statement that his agency was “saddened by the tragic loss of this young man and our condolences are with his family.”

Border Patrol agents said Carlos was apprehended on May 13 in South Texas’ Rio Grande Valley after crossing the border illegally. He was taken to the agency’s central processing center in McAllen, Texas, a converted warehouse where hundreds of adults and children are held in large, fenced-in pens and sleep on mats.

CBP said Carlos was processed as a minor unaccompanied by a parent or legal guardian. Federal law and CBP’s guidelines generally require that unaccompanied youth be transferred within three days to a facility operated by the U.S. Department of Health and Human Services.

A CBP official who declined to be named in order to brief reporters said Carlos was awaiting transfer to HHS custody on Thursday, three days after his apprehension. At the time of his death, Carlos was supposed to be sent to Southwest Key Casa Padre, a 1,400-person facility inside an old Walmart in Brownsville, Texas, the official said.

Mark Weber, a spokesman for HHS, did not address in a statement why the teenager wasn’t transferred sooner, but said a “minority of cases exceeding 72 hours have generally involved exceptional circumstances.”

CBP said Carlos reported early Sunday morning that he was not feeling well and was diagnosed with the flu by a nurse practitioner.

He was prescribed the medicine Tamiflu, then transferred later Sunday to the Border Patrol station at Weslaco, Texas, to prevent his flu from spreading to other detainees.

He was not hospitalized, according to the agency official who briefed reporters. The official said CBP facilities have medical providers who can monitor detainees, though the official did not know what specific symptoms Carlos had.

Asked about the death, Trump blamed Democrats, saying they are refusing to approve changes that could improve the system.

“The Democrats are really making it very, very dangerous for people by not approving simple quick 15 minutes legislation, we could have it all worked out,” Trump said.

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