Exhibit (non-trial)

Case PROT0-DMG-AGR Document 738 Filed 03/27/20 Page 1 of 31 Page ID #:34453 1 2 3 4 5 6 7 8 CENTER FOR HUMAN RIGHTS & CONSTITUTIONAL LAW Peter A. Schey (58232) Carlos R. Holguín (90754) 256 South Occidental Boulevard Los Angeles, CA 90057 Telephone: (213) 388-8693 Email: pschey@centerforhumanrights.org Attorneys for Plaintiffs Additional counsel listed on following page 9 10 UNITED STATES DISTRICT COURT 11 CENTRAL DISTRICT OF CALIFORNIA 12 WESTERN DIVISION 13 14 15 Jenny Lisette Flores., et al., Plaintiffs, 16 17 18 19 20 Case No. CV 85-4544-DMG-AGRx Notice of Filing of Supplemental Exhibits v. William Barr, Attorney General of the United States, et al., Defendants. Hearing: March 27, 2020 Judge: Hon. Dolly M. Gee 21 22 23 24 25 26 27 28 NOTICE OF FILING SUPPLEMENTAL EXHIBITS CV 85-4544-DMG-AGRX Case PROT1-DMG-AGR Document 738 Filed 03/27/20 Page 2 of 31 Page ID #:34454 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Counsel for Plaintiffs, continued USF SCHOOL OF LAW IMMIGRATION CLINIC Bill Ong Hing (Cal. Bar No. 61513) 2130 Fulton Street San Francisco, CA 94117-1080 Telephone: (415) 422-4475 Email: bhing@usfca.edu LA RAZA CENTRO LEGAL, INC. Stephen Rosenbaum (Cal. Bar No. 98634) 474 Valencia Street, #295 San Francisco, CA 94103 Telephone: (415) 575-3500 UNIVERSITY OF CALIFORNIA DAVIS SCHOOL OF LAW Immigration Law Clinic Holly S. Cooper (197626) One Shields Avenue, TB 30 Davis, CA 95616 Telephone: (530) 754-4833 Email: hscooper@ucdavis.edu 21 THE LAW FOUNDATION OF SILICON VALLEY Jennifer Kelleher Cloyd (Cal. Bar No. 197348) Katherine H. Manning (Cal. Bar No. 229233) Annette Kirkham (Cal. Bar No. 217958) 4 North Second Street, Suite 1300 San Jose, CA 95113 Telephone: (408) 280-2437 Email: kate.manning@lawfoundation.org 22 Of counsel: 23 ALDEA - THE PEOPLE'S JUSTICE CENTER Bridget Cambria 532 Walnut Street Reading, PA 19601 Phone: (484) 877-8002 Fax: (484) 926-2032 Email: bridget.cambria@cambriaklinelaw.com 17 18 19 20 24 25 26 27 28 ii Case PROT2-DMG-AGR Document 738 Filed 03/27/20 Page 3 of 31 Page ID #:34455 1 2 Plaintiffs' hereby give notice of the filing of exhibits O through S in support of their pending Ex Parte Application for Temporary Restraining Order [DOC #733.] 3 4 Exhibit O: Supplemental Declaration of Peter Schey in Support Of Ex Parte 5 Application for Temporary Restraining Order. 6 7 Exhibit P: January 31, 2020 Analysis of Class Members Held at AORR Facilities. 8 Exhibit Q: February 11, 2020 Flores Class Counsel correspondence to Defendants' 9 request for compliance data. 10 11 12 Exhibit R: Declaration of Michael Fassio describing his visit with 40 minor detainees at the Crittenton Family Services as a Flores monitor. 13 Exhibit S: Declaration of Alex Mendoza describing his visit to the Southwest Key 14 San Diego ORR Shelter in El Cajon as a Flores monitor. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -1- Case PROT3-DMG-AGR Document 738 Filed 03/27/20 Page 4 of 31 Page ID #:34456 1 Dated: March 27, 2020 CENTER FOR HUMAN RIGHTS AND CONSTITUTIONAL LAW Peter A. Schey Carlos R. Holguin 2 3 4 USF SCHOOL OF LAW IMMIGRATION CLINIC Bill Ong Hing 5 6 7 LA RAZA CENTRO LEGAL, INC. Stephen Rosenbaum 8 9 UNIVERSITY OF CALIFORNIA DAVIS SCHOOL OF LAW Immigration Law Clinic Holly S. Cooper 10 11 12 THE LAW FOUNDATION OF SILICON VALLEY LEGAL ADVOCATES FOR CHILDREN AND YOUTH Jennifer Kelleher Cloyd Katherine H. Manning Annette Kirkham 13 14 15 16 17 18 Of counsel: 19 ALDEA - THE PEOPLE'S JUSTICE CENTER Bridget Cambria 20 21 /s/ Peter Schey Peter A. Schey 22 23 Attorneys for Plaintiffs 24 25 26 27 28 2 Case Document 738 Filed 03/27/20 Page 5 of 31 Page ID #:34457 EXHIBIT 0 Case PROT4-DMG-AGR Document 738 Filed 03/27/20 Page 6 of 31 Page ID #:34458 1 2 3 4 5 SUPPLEMENTAL DECLARATION OF PETER SCHEY IN SUPPORT OF EX PARTE APPLICATION FOR TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE RE: PRELIMINARY INJUNCTION I, Peter Schey, hereby declare: 6 1. I am an attorney admitted to the bar of the United States District Court for 7 the Central District of California. I am one of the attorneys who serve as class counsel 8 for Plaintiffs in the above-captioned action. My business address is 256 S. Occidental 9 Blvd., Los Angeles, CA 90057. I execute this supplemental declaration in support of 10 Plaintiffs' ex parte application for a temporary restraining order and order to show 11 cause re: preliminary injunction protecting Flores class members from irreparable 12 injury during the COVID-19 national public health emergency. I declare that the 13 following statements are true to the best of my knowledge, information, and belief, 14 formed after reasonable inquiry of the circumstances. I have personal knowledge of 15 the facts set forth below and, if called as a witness, I could and would testify 16 competently as follows. 17 2. On a monthly basis, Defendants provide Class Counsel with data concerning 18 all class members detained during the previous month. Pursuant to a confidentiality 19 20 21 22 23 24 25 26 27 agreement, Class Counsel provide this data to Dr. Nancy Wang employed by the Stanford University Emergency Department and whose declaration is filed as Exhibit P to Plaintiffs' Ex Parte application for a Temporary Restraining Order [Doc. #733]. Dr. Wang supervises the preparation of reports for Class Counsel based on the monthly data provided by Defendants. The Exhibit filed here as Exhibit P was prepared by Dr. Wang and those working with her. 3. Class Counsel has encountered significant challenges receiving even the minimal monthly data required by the Settlements and prior Court Order. A true and correct copy of correspondence sent to Defendants' counsel on February 11, 2020, 28 -1- SCHEY DECL. ISO EX PARTE APPLICATION FOR TRO AND OSC RE: PRELIMINARY INJUNCTION CASE No. CV 85-4544-DMG-AGRx Case PROT5-DMG-AGR Document 738 Filed 03/27/20 Page 7 of 31 Page ID #:34459 1 2 addressing numerous shortcomings in Defendants' monthly data is filed here as Exhibit Q. 3 4 5 6 I declare under penalty of perjury under the laws of the United States that the foregoing is true and correct. Executed on this 27th day of March, 2020, at Ojai, California. 7 8 9 10 Peter A. Schey 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2- SCHEY DECL. ISO EX PARTE APPLICATION FOR TRO AND OSC RE: PRELIMINARY INJUNCTION CASE No. CV 85-4544-DMG-AGRx Case Document 738 Filed 03/27/20 Page 8 of 31 Page ID #:34460 EXHIBIT Case PROT6-DMG-AGR Document 738 Filed 03/27/20 Page 9 of 31 Page ID #:34461 Report for Flores Class Counsel Analysis of Class Members Held at All ORR Facilities January 31, 2020 Overview This report summarizes Department of Justice Office of Refugee Resettlement (DOJ ORR) data provided to Flores Class Counsel for Class Members held in the custody of ORR at any point during January 2018 to December 2019. The focus is on detention characteristics of the 121,748 Class Members whose DOJ records clearly indicate their age, date of placement into ORR custody, detention duration, and, when applicable, release from ORR custody. Abc Table 1. Overview of the volume of Class Members held in ORR Custody, by year of placement and release. Grand Total Released in 2018 Released in 2019 Still in ORR Custody on 12/31/2019 121,748 (100.0%) 45,956 (37.7%) 71,359 (58.6%) 4,433 (3.6%) 7,560 (6.2%) 7,183 (5.9%) 292 (0.2%) 85 (0.1%) Placed in ORR Custody in 2018 51,115 (42.0%) 38,773 (31.8%) 12,044 (9.9%) 298 (0.2%) Placed in ORR Custody in 2019, to date 63,073 (51.8%) 59,023 (48.5%) 4,050 (3.3%) Grand Total In ORR Custody on 1/1/2018 Demographics Figure 1. Basic demographics of Class Members held in ORR Custody. Sex Age Country of Origin 6 to 10 yrs 9.0K (7.4%) 11 to 13 yrs 11.7K (9.6%) Female 38.6K (31.7%) Male 83.2K (68.3%) 0 to 5 yrs 3.7K (3.1%) Mexico Other 3.3K (2.7%) 6.1K (5.0%) El Salvador 18.5K (15.2%) 14 to 17 yrs 97.4K (80.0%) Honduras 34.8K (28.6%) Guatemala 59.1K (48.5%) Case PROT7-DMG-AGR Document 738 Filed 03/27/20 Page 10 of 31 Page ID #:34462 All Facilities: Monthly Volume Trends of Class Members in Detention Figure 2. Class Members in ORR Custody by month. Top number above bar indicates total class members in custody that month; grey number above bar indicates average days in custody that months. Shading indicates length of custody to date; 121,747 Class Members in view. 24K Cumulative Days in ORR Detention 22K 61-90 days 21-30 days 91+ days 31-60 days 20K Class Members in ORR Detention 1-20 days 17.8K 17.0K 83.2 18K 84.5 16.1K 15.7K 15.4K 81.9 65.4 3.1K 16K 14.7K 73.4 14.8K 2.8K 79.1 64.6 3.0K 14K 3.8K 2.7K 2.5K 12.5K 1.3K 1.7K 71.2 11.4K 1.1K 4.8K 1.3K 12K 10.6K 10.6K 74.2 1.3K 69.6 74.9 2.3K 4.3K 4.4K 3.5K 3.8K 10K 3.2K 2.7K 2.4K 4.1K 2.2K 5.8K 1.6K 8K 0.9K 1.3K 1.4K 3.1K 3.2K 5.3K 3.5K 6K 3.6K 3.4K 2.7K 2.8K 3.5K 3.7K 0K 3.3K 18.8K 63.9 16.9K 16.8K 82.0 73.7 3.9K 1.4K 1.9K 1.3K 1.9K 2.2K 2.7K 1/18 2/18 3/18 1.3K 1.5K 2.7K 2.6K 2.7K 2.9K 4/18 5/18 6/18 7/18 3.5K 8/18 4.8K 9/18 5.5K 5.4K 7.7K 17.9K 63.2 7.3K 5.2K 12.3K 80.0 1.0K 4.9K 21.7K <--- Total Members in ORR Detention 55.1 <--- Average Days in ORR Detention 4.6K 2.6K 3.4K 3.7K 3.9K 3.9K 3.1K 3.2K 5.2K 3.6K 3.4K 1.7K 4.8K 4.9K 5.3K 5.5K 5.0K 2.8K 2.5K 2.2K 1.3K 1.7K 20.2K 57.1 7.7K 5.8K 2.0K 2.8K 4K 2K 19.0K 83.0 21.3K 55.4 5.4K 10/18 11/18 12/18 4.3K 1/19 3.7K 2/19 3.3K 3/19 1.9K 1.7K 8.8K 94.4 2.4K 7.2K 101.3 1.0K 2.2K 1.7K 0.8K 6.6K 96.3 2.5K 7.1K 83.6 3.1K 1.6K 1.8K 1.9K 2.7K 2.6K 2.6K 2.8K 2.9K 2.8K 2.4K 4/19 5/19 6/19 7/19 8/19 9/19 10/19 11/19 12/19 1.0K 1.2K 1.0K 1.9K 1.0K 1.1K 1.5K Case PROT8-DMG-AGR Document 738 Filed 03/27/20 Page 11 of 31 Page ID #:34463 All Facilities: Length of Detention Table 2. Overall detention characteristics grouped by age at time of placement into ORR Custody. Number of Class Members Released from ORR Grand Total 0 to 5 yrs 6 to 10 yrs 11 to 13 yrs 14 to 17 yrs 3,724 (3.1%) 8,969 (7.4%) 11,671 (9.6%) 97,384 (80.0%) 117,186 (96.3%) 3,493 (93.8%) 8,654 (96.5%) 11,215 (96.1%) 93,824 (96.3%) 4,562 (3.7%) 231 (6.2%) 315 (3.5%) 456 (3.9%) 3,560 (3.7%) Length of Detention >20 days 99,254 (81.5%) 3,097 (83.2%) 6,738 (75.1%) 8,778 (75.2%) 80,641 (82.8%) Length of Detention < days 22,494 (18.5%) 627 (16.8%) 2,231 (24.9%) 2,893 (24.8%) 16,743 (17.2%) Detention in days, median (IQR) 42 (24-74) 46 (25-84) 36 (21-67) 36 (21-66) 43 (25-75) Detention in days, average (std) 63.6 (79.1) 70.0 (96.5) 55.9 (71.5) 58.4 (92.4) 64.7 (77.2) 1-20 days 22,494 (18.5%) 627 (16.8%) 2,231 (24.9%) 2,893 (24.8%) 16,743 (17.2%) 21-30 days 19,896 (16.3%) 584 (15.7%) 1,569 (17.5%) 2,151 (18.4%) 15,592 (16.0%) 31-60 days 38,864 (31.9%) 1,109 (29.8%) 2,523 (28.1%) 3,383 (29.0%) 31,849 (32.7%) 61-90 days Still in ORR Custody 18,362 (15.1%) 572 (15.4%) 1,255 (14.0%) 1,525 (13.1%) 15,010 (15.4%) 91-120 days 8,679 (7.1%) 285 (7.7%) 537 (6.0%) 674 (5.8%) 7,183 (7.4%) 121-150 days 4,733 (3.9%) 203 (5.5%) 335 (3.7%) 358 (3.1%) 3,837 (3.9%) 151-180 days 2,740 (2.3%) 119 (3.2%) 201 (2.2%) 214 (1.8%) 2,206 (2.3%) 181-365 days 4,665 (3.8%) 188 (5.0%) 278 (3.1%) 367 (3.1%) 3,832 (3.9%) 12-<18 months 733 (0.6%) 20 (0.5%) 19 (0.2%) 35 (0.3%) 659 (0.7%) 18-<24 months 317 (0.3%) 9 (0.2%) 6 (0.1%) 17 (0.1%) 285 (0.3%) 24+ months 265 (0.2%) 8 (0.2%) 15 (0.2%) 54 (0.5%) 188 (0.2%) Figure 3. Distribution of length of detention grouped by age; a different visualization of Table 2 information. 30% 0 to 5 yrs 20% 10% 0% 16.8% 15.7% 29.8% 15.4% 7.7% 5.5% 3.2% 5.0% 0.5% 0.2% 0.2% 24.9% 17.5% 28.1% 14.0% 6.0% 3.7% 2.2% 3.1% 0.2% 0.1% 0.2% 24.8% 18.4% 29.0% 13.1% 5.8% 3.1% 1.8% 3.1% 0.3% 0.1% 0.5% 17.2% 16.0% 32.7% 15.4% 7.4% 3.9% 2.3% 3.9% 0.7% 0.3% 0.2% 30% 6 to 10 yrs 20% 10% 0% 30% 11 to 13 yrs 20% 10% 0% 30% 14 to 17 yrs 20% 10% 0% 1-20 days 21-30 days 31-60 days 61-90 days 91-120 da.. 121-150 .. 151-180 d..181-365 d.. 12-<18 m.. 18-<24 m.. 24+ mont.. Case PROT9-DMG-AGR Document 738 Filed 03/27/20 Page 12 of 31 Page ID #:34464 All Facilities: Transfer & Release Characteristics Table 3. Top 10 facilities where Class Members are first held in ORR Custody Table 4. Top 10 facilities where Class Members are last held in ORR Custody Grand Total Grand Total Homestead 14,173 (11.6%) Homestead 12,134 (10.0%) 11,283 (9.3%) Southwest Key Casa Padre 10,993 (9.0%) Southwest Key Casa Padre Cayuga Centers 7,716 (6.3%) Cayuga Centers 7,673 (6.3%) BCFS Harlingen 6,299 (5.2%) BCFS Tornillo 5,529 (4.5%) Southwest Key Antigua 3,456 (2.8%) BCFS Harlingen 5,289 (4.3%) Southwest Key Nueva Esperanza 3,042 (2.5%) Southwest Key Antigua 3,201 (2.6%) Southwest Key El Presidente 3,026 (2.5%) Southwest Key El Presidente 2,816 (2.3%) Southwest Key Rio Grande 2,681 (2.2%) Southwest Key Nueva Esperanza 2,700 (2.2%) Southwest Key Estrella 2,635 (2.2%) Southwest Key Estrella 2,597 (2.1%) CHSI Casa Norma Linda 2,452 (2.0%) Southwest Key Rio Grande 2,596 (2.1%) Figure 4. Release classification of Class Members Figure 5. Top 10 states of sponsors of Reunified Class Members TX 14,001 (13.3%) CA Age Out 3.4K (2.8%) Still in Custody Voluntary Departure 4.6K (3.7%) 1.8K (1.4%) 12,665 (12.0%) FL 11,103 (10.5%) NY Other 6.5K (5.3%) 9,132 (8.7%) MD 6,299 (6.0%) NJ 6,000 (5.7%) VA 5,739 (5.4%) GA 3,733 (3.5%) NC 3,602 (3.4%) TN Reunified 105.6K (86.7%) 3,234 (3.1%) LA 2,786 (2.6%) 0% 5% 10% 15% % of Class Members Table 5. Lengths of detention in ORR Custody by release classification Length of Detention Grand Total Reunified Still in Custody Other 105,560 (86.7%) 4,562 (3.7%) 6,450 (5.3%) 3,426 (2.8%) 1,750 (1.4%) 1-20 days 22,494 (18.5%) 18,767 (17.8%) 2,218 (48.6%) 604 (9.4%) 901 (26.3%) 4 (0.2%) 12-<18 months 733 (0.6%) 338 (0.3%) 136 (3.0%) 91 (1.4%) 125 (3.6%) 43 (2.5%) 18-<24 months 317 (0.3%) 113 (0.1%) 91 (2.0%) 59 (0.9%) 49 (1.4%) 5 (0.3%) 19,896 (16.3%) 18,786 (17.8%) 427 (9.4%) 360 (5.6%) 309 (9.0%) 14 (0.8%) 21-30 days Age Out Voluntary Departu.. 265 (0.2%) 80 (0.1%) 85 (1.9%) 72 (1.1%) 28 (0.8%) 31-60 days 38,864 (31.9%) 35,010 (33.2%) 530 (11.6%) 2,633 (40.8%) 639 (18.7%) 52 (3.0%) 61-90 days 18,362 (15.1%) 16,167 (15.3%) 215 (4.7%) 1,422 (22.0%) 413 (12.1%) 145 (8.3%) 91-120 days 8,679 (7.1%) 7,598 (7.2%) 102 (2.2%) 459 (7.1%) 253 (7.4%) 267 (15.3%) 121-150 days 4,733 (3.9%) 3,841 (3.6%) 100 (2.2%) 244 (3.8%) 203 (5.9%) 345 (19.7%) 151-180 days 2,740 (2.3%) 2,022 (1.9%) 122 (2.7%) 162 (2.5%) 126 (3.7%) 308 (17.6%) 181-365 days 4,665 (3.8%) 2,838 (2.7%) 536 (11.7%) 344 (5.3%) 380 (11.1%) 567 (32.4%) 24+ months Case PROT10-DMG-AGR Document 738 Filed 03/27/20 Page 13 of 31 Page ID #:34465 All Facilities: Turning 18 While in ORR Custody Table 6. Length of detention for 17-year-old Class Members released from ORR Custody Length of Detention Grand Total Age Out Other Status 47,263 (100.0%) 3,128 (6.6%) 44,135 (93.4%) 1-20 days 7,201 (15.2%) 873 (27.9%) 6,328 (14.3%) 21-30 days 7,224 (15.3%) 293 (9.4%) 6,931 (15.7%) 31-60 days 15,435 (32.7%) 622 (19.9%) 14,813 (33.6%) 61-90 days 7,604 (16.1%) 402 (12.9%) 7,202 (16.3%) 91-120 days 3,884 (8.2%) 247 (7.9%) 3,637 (8.2%) 121-150 days 2,078 (4.4%) 199 (6.4%) 1,879 (4.3%) 151-180 days 1,192 (2.5%) 119 (3.8%) 1,073 (2.4%) 181-365 days 2,123 (4.5%) 370 (11.8%) 1,753 (4.0%) 12-<18 months 290 (0.6%) 2 (0.1%) 288 (0.7%) 18-<24 months 131 (0.3%) 24+ months 101 (0.2%) 1 (0.0%) 100 (0.2%) 2,645 (5.6%) 373 (11.9%) 2,272 (5.1%) >6 mos 131 (0.3%) Figure 6. Monthly trends of release of 17-years-old Class Members held in custody by ORR, grouped by type of release. Vertical axis indicates percent of Class Members calculated within release type. Shading indicates length of detention. % of Class Members % of Class Members Other Status Age Out 707 694 155 144 20% 470 514 636 640 625 145 154 132 550 114 442 418 426 412 421 171 112 85 109 105 84 120 113 123 127 123 343 119 134 114 10% 127 116 130 94 223 110 77 80 86 91 92 91 74 86 166 71 127 83 200 223 234 233 205 196 170 157 143 146 145 130 139 134 136 121 119 117 127 100 85 70 0% 424 20% 397 426 408 422 137 132 155 74 42 Cumulative Days in ORR Detention 1-20 days 91+ days 21-30 days 7,8187,804 7,417 7,2537,572 7,0287,087 6,6946,568 6,613 6,353 6,014 5,5825,7795,822 61-90 days 5,073 4,3024,3124,667 4,282 31-60 days 10% 0% 2,916 2,191 1,716 1,016 995 1/18 2/18 3/18 4/18 5/18 6/18 7/18 8/18 9/18 10/.. 11/.. 12/.. 1/19 2/19 3/19 4/19 5/19 6/19 7/19 8/19 9/19 10/.. 11/.. 12/.. Case PROT11-DMG-AGR Document 738 Filed 03/27/20 Page 14 of 31 Page ID #:34466 All Facilities: Monthly Demographic Trends Country of Origin Guatemala Honduras El Salvador Other Mexico Country of Birth by Month Line color indicates age at admit. Number of Unaccompanied Children in view 1,747 21.7K 20K 19.0K 17.8K 17.0K 16.1K 15.7K 15K 10.6K 10.1K 10K 7.0K 6.9K 6.8K 5K 8.2K 8.4K 8.1K 2.0K 2.1K 7.1K 3.2K 4.0K 4.6K 4.5K 9.4K 9.0K 9.0K 8.3K 7.4K 7.9K 9.7K 9.8K 9.8K 5.2K 4.8K 5.6K 6.2K 3.1K 9.6K 6.6K 4.0K 5.9K 4.6K 4.9K 5.0K 2.4K 4.6K 1.9K 2.5K 1.4K 1.6K 1.6K 4.2K 3.6K 2.1K 2.3K 0.8K 1.9K 2.6K 0K 8.8K 7.2K 6.7K 7.2K 6.6K 7.1K 4.6K 3.2K 2.7K 2.9K 3.4K 3.4K 2.1K 1.9K 1/18 2/18 3/18 4/18 5/18 6/18 7/18 8/18 9/18 10/.. 11/.. 12/.. 1/19 2/19 3/19 4/19 5/19 6/19 7/19 8/19 9/19 10/.. 11/.. 12/.. Sex Female Male Sex by Month Line color indicates age at admit. Number of Unaccompanied Children in view 1,747 21.7K 20K 19.0K 17.8K 17.0K 16.1K 15.7K 15K 10.7K 10.6K 11.3K 10K 7.7K 7.8K 5K 0K 11.0K 8.4K 2.8K 12.0K 12.3K 4.2K 5.2K 5.2K 14.5K 11.8K 5.9K 8.8K 7.2K 6.5K 4.6K 5.0K 5.5K 14.4K 12.9K 5.9K 4.0K 4.5K 4.4K 3.3K 11.8K11.5K 10.6K 9.1K 3.1K 2.9K 11.5K 13.7K 13.1K 6.8K 8.0K 6.1K 4.2K 7.2K 7.1K 6.6K 5.8K 4.8K 4.8K 4.4K 2.3K 3.0K 2.4K 2.2K 1/18 2/18 3/18 4/18 5/18 6/18 7/18 8/18 9/18 10/.. 11/.. 12/.. 1/19 2/19 3/19 4/19 5/19 6/19 7/19 8/19 9/19 10/.. 11/.. 12/.. Case PROT12-DMG-AGR Document 738 Filed 03/27/20 Page 15 of 31 Page ID #:34467 All Facilities: Monthly Age Trends of Class Members in Detention Age At Admittance into ORR Dettention 0 to 5 years 6 to 10 years 11 to 13 years 14 to 17 years Age at Admit by Month: ALL Ages Line color indicates age at admit. Number of Unaccompanied Children in view 1,747 21.7K 20K 19.0K 17.8K 17.0K 16.1K 15.5K 15.7K 14.0K 13.3K 15K 11.6K 10.6K 12.0K 11.8K 10K 8.9K 8.9K 9.6K 17.4K 17.2K 16.4K 14.2K 15.5K 14.6K 14.1K13.9K 12.2K 10.4K 8.8K 9.5K 7.2K 6.7K 5K 0K 1.9K 1.9K 2.0K 1.3K 1.6K 1.6K 1.3K 1.5K 1.5K 1.7K 1.8K 1.4K 1.4K 1.6K 0.5K 0.8K 0.9K 1.0K 6.6K 7.1K 5.5K 5.5K 5.1K 1.2K1.0K 0.7K 0.7K 0.7K 1/18 2/18 3/18 4/18 5/18 6/18 7/18 8/18 9/18 10/.. 11/.. 12/.. 1/19 2/19 3/19 4/19 5/19 6/19 7/19 8/19 9/19 10/.. 11/.. 12/.. DETAIL: Ages < Unaccompanied Children in ORR Detention by month and age at admit. Line color indicates age at admit. Number of Unaccompanied Children in view $,364 4,254 4K 3,784 3,626 2,865 3K 2K 3,723 3,499 1,684 1,601 1,322 1K 795 529 0K 360 884 979 752 560 690 352 378 411 1,571 1,455 1,537 1,299 1,493 1,063 533 590 562944 977 377 381 424 1,883 1,769 1,194 1,079 447 2,768 1,425 536 952 984 1,688 1,8771,499 1,441 1,341 1,143 459 440 473 574 626 2,041 1,965 1,549 1,194 1,580 709 1,655 991 677 583 863 719 674 717 516 449 365 306 316 1/18 2/18 3/18 4/18 5/18 6/18 7/18 8/18 9/18 10/.. 11/.. 12/.. 1/19 2/19 3/19 4/19 5/19 6/19 7/19 8/19 9/19 10/.. 11/.. 12/.. Case PROT13-DMG-AGR Document 738 Filed 03/27/20 Page 16 of 31 Page ID #:34468 All Facilities: Influx & Efflux Trends of Class Members in Detention ORR Status this month Admitted into ORR Admitted & Discharged same m.. In ORR Detention entire month Released from ORR ORR Detention Status by Month Line color indicates detention status; children that are both admitted and released in the same month are counted in all 3 trend lines. Number of Unaccompanied Children in view 1,747 21.7K 20K 19.0K 17.8K 17.0K 16.1K 15.7K 15K 10.6K 10K 5K 4.8K 4.7K 4.8K 6.0K 6.6K 7.3K 4.3K 8.5K 9.4K 9.0K 7.8K 9.1K 3.7K 4.0K 4.1K 4.6K 6.9K 7.6K 6.4K 8.7K 9.1K 5.1K 5.8K5.8K 5.1K 4.3K 4.2K 4.2K 3.9K 3.9K 3.3K 3.8K 3.0K 0.5K 0.3K 0.1K 2.7K 3.2K 0.1K 0.1K 0.3K 0.2K 0.2K 0K 0.2K 0.3K 0.4K 0.1K 0.1K 5.2K 1.2K 0.4K 8.9K 8.8K 5.5K 5.3K 7.2K 5.9K 3.8K 5.6K 1.8K 1.9K 1.7K 8.8K 6.6K 3.1K 7.1K 3.0K 3.2K 1.4K 1.0K 0.7K 0.6K 0.6K 0.7K 1/18 2/18 3/18 4/18 5/18 6/18 7/18 8/18 9/18 10/.. 11/.. 12/.. 1/19 2/19 3/19 4/19 5/19 6/19 7/19 8/19 9/19 10/.. 11/.. 12/.. ORR Detention Unique Status by Month Line color indicates detention status; children appear in only one trend line. Number of Unaccompanied Children in view 1,747 21.7K 20K 19.0K 17.8K 17.0K 16.1K 15.7K 15K 10.6K 10K 6.6K 5K 4.8K 4.7K 4.4K 4.8K 7.3K 4.3K 8.5K 9.4K 9.0K 9.1K 4.6K 3.6K 3.9K 4.0K 7.8K 6.9K 4.9K 5.8K 6.4K 7.0K 7.3K 7.2K 7.5K 8.8K 7.2K 4.9K 6.6K 7.1K 3.1K 5.3K 5.1K 5.2K 5.5K 5.6K 2.1K 2.4K 4.1K 3.9K [repeated 3 times] 3.8K 3.7K 3.7K 1.2K 3.4K 2.2K 3.0K 3.1K 2.8K 3.0K 1.6K 2.7K 0.3K 0.2K 1.7K 1.8K 1.9K 1.4K 0K 0.2K 0.2K 0.3K 0.4K 0.5K 0.3K 0.1K 0.1K 0.1K 0.1K 0.1K 1.0K 0.4K 0.7K 0.6K 0.6K 0.7K 1/18 2/18 3/18 4/18 5/18 6/18 7/18 8/18 9/18 10/.. 11/.. 12/.. 1/19 2/19 3/19 4/19 5/19 6/19 7/19 8/19 9/19 10/.. 11/.. 12/.. Case PROT14-DMG-AGR Document 738 Filed 03/27/20 Page 17 of 31 Page ID #:34469 All Facilities: Discharge Type Trends of Class Members in Detention Discharge Type of Released Children Reunified Age Out Voluntary Departure Other ORR Discharge Type by Month: Released Children Only Line color indicates discharge type; ~90% of released children are reunified. Number of Unaccompanied Children in view 7,181 8,745 7,748 8K 8,123 6,905 6,009 6K 5,596 3,899 4K 2,923 2K 8,473 3,083 2,714 122 3,469 3,866 3,485 125 137 3,559 3,407 95 112 149 240 0K 2,498 2,823 2,729 2,207 69 5,670 5,284 175 238 176 127 213 227 175 98 91 155 157 89 67 75 129 2,341 58 4559 1/18 2/18 3/18 4/18 5/18 6/18 7/18 8/18 9/18 10/.. 11/.. 12/.. 1/19 2/19 3/19 4/19 5/19 6/19 7/19 8/19 9/19 10/.. 11/.. 12/.. DETAIL: Children Released but Not Reunified Line color indicates discharge type. Number of Unaccompanied Children in view ,625 516 500 457 424 407 400 294 300 230 248 316 122 100 0 47 43 68 88 109 101 63 77 79 71 346 263 95 68 175 81 46 69 64 98 47 91 57 277 245 182 170 165 213 127 325 328 227 202 209 176 175 112 125 61 149 354 308 315 313 240 238 137 133 113 66 324 241 200 376 155 79 157 89 97 74 75 186 109 110 67 129 60 70 91 37 203 99 45 1/18 2/18 3/18 4/18 5/18 6/18 8/18 9/18 10/1811/1812/18 1/19 2/19 3/19 4/19 5/19 6/19 7/19 8/19 9/19 10/1911/1912/19 Note: Discharge Type not provided in July 2018 report Case PROT15-DMG-AGR Document 738 Filed 03/27/20 Page 18 of 31 Page ID #:34470 All Facilities: Program Type Trends of Class Members in Detention ORR Program Type Foster Care Shelter Influx Therapeutic Secure ORR Program Type by Month Line color indicates program type. Number of Unaccompanied Children in view 1,665 21.7K 20K 19.0K 17.7K 17.0K 16.0K 15.7K 14.2K 15K 11.6K 10.6K 10K 9.0K 9.8K 12.2K 11.4K 10.3K 11.5K11.9K 11.0K 12.7K 12.3K 11.6K 14.2K 12.6K 13.4K 11.8K 11.0K 9.8K 8.9K 5K 3.3K 3.7K 2.5K 2.1K 1.4K 1.4K 1.4K 1.5K 1.7K 1.6K 4.3K 3.7K 1.8K 2.0K 2.0K 2.0K 0K 3.4K 4.4K 3.8K 4.0K 7.1K 6.6K 7.1K 2.7K 2.8K 2.9K 2.9K 2.3K2.5K 8.7K 7.1K 5.6K 5.7K 5.2K 1.9K 1.5K 1.3K 1.3K 1/18 2/18 3/18 4/18 5/18 6/18 7/18 8/18 9/18 10/.. 11/.. 12/.. 1/19 2/19 3/19 4/19 5/19 6/19 7/19 8/19 9/19 10/.. 11/.. 12/.. DETAIL: ORR Program Type other than Shelter Line color indicates program type. Number of Unaccompanied Children in view 4,223 8K 6.8K 6.7K 6K 5.5K 4.0K 4K 3.5K 3.0K 1.4K 0K 0.4K 3.3K 2.5K 2.1K 1.7K 1.7K 2K 1.6K 1.6K 1.6K 1.5K 1.4K 1.4K 0.2K 4.3K 3.7K 3.7K 2.1K 1.6K 1.7K 1.1K 0.2K 3.7K 1.8K 2.0K 3.8K 2.0K 4.0K 4.4K 3.4K 2.5K 2.2K 2.0K 1.9K 5.3K 4.9K 4.5K 7.4K 6.0K 5.9K 5.8K 7.0K 2.3K 2.8K 2.9K 2.9K 2.5K 2.7K 2.4K 1.9K 2.5K 1.6K 0.1K 0.1K 0.1K 0.1K 0.1K 0.1K 0.1K 0.1K 0.1K 0.1K 0.1K 1.4K 1.3K 1.4K 1.3K 1.5K 1.4K 0.4K 0.0K 0.0K 0.0K 0.0K 0.0K 0.0K 0.0K 0.0K 0.0K 0.0K 0.0K 0.0K 0.0K 0.0K 0.0K 0.0K 0.1K 1/18 2/18 3/18 4/18 5/18 6/18 7/18 8/18 9/18 10/.. 11/.. 12/.. 1/19 2/19 3/19 4/19 5/19 6/19 7/19 8/19 9/19 10/.. 11/.. 12/.. Case PROT16-DMG-AGR Document 738 Filed 03/27/20 Page 19 of 31 Page ID #:34471 All Facilities: Average LOS Trends of Class Members in Detention Average Length of ORR Detention by Month Number of Unaccompanied Children in view 1,665 Average Days in ORR Detention 100 91 80 60 73 79 71 84 84 82 79 72 69 68 82 93 77 72 64 63 98 80 62 62 55 54 54 40 20 0 1/18 2/18 3/18 4/18 5/18 6/18 7/18 8/18 9/18 10/.. 11/.. 12/.. 1/19 2/19 3/19 4/19 5/19 6/19 7/19 8/19 9/19 10/.. 11/.. 12/.. ORR Progr.. Foster Care Influx Secure Shelter Therapeutic Average Length of ORR Detention by Program Type Line color indicates program type. Number of Unaccompanied Children in view 1,665 349 Average Days in ORR Detention 324 327 300 289 287 316 298 311 347 336 325 300 297 297 133 160 160 147 149147 58 53 150 146 57 134 53 169 160 161 162 161 157 152 155 146 54 22 56 17 32 163160163 62 49 67 62 71 68 73 74 71 74 67 63 72 68 42 130 129 125 130 124 56 32 110 108 110 50 48 29 32 48 30 141 126 51 45 263 207 208 163 141 149 150 151 150143 77 297 260 192 151 0 329 289 297 294 200 100 309 327 314 155 154 145 141 141 74 68 59 71 197 63 51 1/18 2/18 3/18 4/18 5/18 6/18 7/18 8/18 9/18 10/.. 11/.. 12/.. 1/19 2/19 3/19 4/19 5/19 6/19 7/19 8/19 9/19 10/.. 11/.. 12/.. NOTE: The Average Length of ORR Detention is calculated for this report using ALL UACs, not just those that were released. This differs than the Average Length of ORR Detention in the IG report and the NCYL Congressional Briefing Book (12/2019), which only examined AVG LOS of released UACs. Case PROT17-DMG-AGR Document 738 Filed 03/27/20 Page 20 of 31 Page ID #:34472 All Facilities: Data Processing 1. Data shown are from DOJ files provided for months January 2018 through December 2019. 2. There are approximately 1400 more Class Members (~1% of all records) excluded from this analysis because their DOJ records were ambiguous due to duplicated, inconsistent, or missing data. 3. There are 461 individuals recorded in the DOJ files who were older than 18 at time of admittance into ORR Custody. They are not included in this analysis of Flores Class Members. 4. Length of detention is calculated as the elapsed days from date of placement into the custody of ORR to date of release. If there is no release information, the Class Member is assumed still in the custody of ORR at the end of <Parameters.End Report Date Month>, and the length of detention is calculated as the elapsed days from date of placement until <Parameters.End Report Date>, the date of the census for the latest file provided by the DOJ. The date of placement and last day in detention are included as days in detention. 5. Monthly trends of detained Class Members are the sums of all distinct Class Members held in the custody of ORR each month. These will differ from average daily census numbers provided by DOJ. Instead our numbers indicate how many Class Members the ORR system detains and is responsible for each month. Case Document 738 Filed 03/27/20 Page 21 of 31 Page ID #:34473 EXHIBIT Case PROT18-DMG-AGR Document 738 Filed 03/27/20 Page 22 of 31 Page ID #:34474 CENTER FOR HUMAN RIGHTS AND CONSTITUTIONAL LAW 256 SOUTH OCCIDENTAL BOULEVARD LOS ANGELES, CA 90057 Telephone: (213) 388-8693 Facsimile: (213) 386-9484 www.centerforhumanrights.org February 11, 2020 Via email William C. Silvis Assistant Director United States Department of Justice Office of Immigration Litigation - District Court Section Post Office Box 868 Ben Franklin Station Washington, D.C. 20044-0868 Re: Flores v. Barr, Case No. CV 85-4544-DMG-AGRx Plaintiffs' request for compliance data Dear William, As we have previously discussed, ¶ 28 of the Flores settlement requires DHS to "maintain an up-to-date record of all minors who are placed in proceedings and remain in [its] custody for longer than 72 hours. Statistical information on such minors shall be collected weekly from all . . . Border Patrol stations" and forwarded periodically to Plaintiffs' counsel. Pursuant to Paragraph 28A and the Court's Orders, Defendants' data provided to Class Counsel on a monthly basis must include: (1) biographical information such as each minor's name, date of birth, and country of birth, (2) date placed in [Defendants'] custody [which usually commences with CBP custody and sometimes with ICE custody], (3) each date placed, removed or released [by ORR, CBP, or ICE], (4) to whom and where placed, transferred, removed or released [by CBP, ORR, or ICE], (5) immigration status, and (6) hearing dates [if any]. See Paragraph 28A. The Juvenile Coordinator is also required for each detained class member to "collect information regarding the reasons for every placement of a minor in a detention facility ..." Paragraph 29 states that Defendants "shall" provide to Class Counsel "the information collected pursuant to Paragraph 28 ... and each ... policy or instruction issued to [Defendants'] employees regarding the implementation of this Agreement." All DHS and HHS components detaining class members are bound by the settlement. Inasmuch as CBP knows that the vast majority of class members it detains will be detained for more than 72 hours whether in CBP, ICE, or ORR custody (and about 100% of UAMs), it cannot isolate itself from the settlements terms by claiming class members were in its custody for less than 72 hours and thereby circumvent the reporting required for Case PROT19-DMG-AGR Document 738 Filed 03/27/20 Page 23 of 31 Page ID #:34475 William C. Silvis Page 2 Flores v. Barr February 11, 2020 all minors detained for more than 72 hours, regardless whether custody switched between the defendant agencies during that time. Defendants have not complied with the Settlement's reporting provisions. Please respond to the issues raised below. 1. Please forward to class counsel all current policies and instructions issued to Defendants' employees regarding implementation of the Agreement. 2. Please provide CBP data for all months from January 2019 to the present. 3. The CBP data we currently receive each month does not account for all Flores class members. Data has only been provided for class members who are ultimately transferred from CBP to ORR and who experienced an "action" during the month (the class member was referred, discharged or transferred). (a) Please include data for all class members in ORR for the entire month (currently reflected in the ORR census tab). (b) Except for minors released by CBP, ICE, or ORR within 72 hours of apprehension, please include data for all class members in CBP, whether or not in CBP's custody for longer than 72 hours, and regardless of whether or not they are subsequently transferred to ORR or iCE custody or removed to a third country. 4. The CBP data we receive has only 3 columns: Alien File Number, Apprehension/Inadmissible Date, and Component. (a) Please provide a 'read me' or data dictionary to clearly define the data and the columns ("Alien File Number," "Apprehension/Inadmissible Date," and "Component"). Please list total Unique Alien File Numbers contained in the report, definition of repeated instances of Alien File Numbers, and multiple Apprehension/Inadmissible Dates for unique Alien File Numbers. (b) Please provide the data required by Paragraphs 28-29 quoted from above: minor's name, date of birth, and country of birth to provide secondary data quality verification of Alien File Numbers. Pursuant to ¶ 28, the data must include date placed in CBP custody, date(s) moved or released, to whom and where placed, transferred, removed or released, reasons for every placement of the minor, immigration status, and any hearing dates. (c) Please explain why some class members have Apprehension/Inadmissible Dates that have no relationship to ICE or ORR entry into custody. (d) Please explain how MPP class members in CBP custody are being recorded. (e) Are class members released to any placement or location other than ORR or ICE custody? Please provide time and date of entry into and released from CBP custody for instances where a class member is not transferred to ICE or ORR custody. 5. The ICE data files contain Apprehension/Inadmissible Dates, however further information is needed for clarification. Case PROT20-DMG-AGR Document 738 Filed 03/27/20 Page 24 of 31 Page ID #:34476 William C. Silvis Page 3 Flores v. Barr February 11, 2020 (a) The data dictionary states that 'Initial Book-in date was substituted for apprehension dates with data quality issues.' Please clearly indicate which unique Alien File Numbers have 'apprehension dates with data quality issues.' 6. The ORR data files do not contain CBP dates. We match the CBP data files to the ORR data files. However, we have encountered data quality issues and therefore cannot identify ALL class members in CBP, ORR or ICE custody (ex: December 2019 report, Referrals Tab, first listed A-number). For accuracy in reporting we request a process for communication of data quality issues and for data reconciliation. We also request a monthly report with data on all CBP, ORR and ICE facilities holding class members to include the following: days in operation, total bed capacity, average daily census, maximum daily census, minimum daily census, and number of staff on duty at any one time. If beds are restricted by age, gender, country of birth, language spoken, or special needs, please provide the above measures for each subgroup. We request that you respond to this correspondence within ten days and provide the Special Master a copy of your response, and that the Special Master schedule a conference call to review the parties' positions and perform such tasks as she deems appropriate under the terms of her appointment. As class counsel, we believe Defendants' compliance with the reporting obligations under the Settlement is critically important and following a meet and confer as required by the local rules and the Settlement, hopefully joined by the Special Master, plaintiffs may petition the Court to involve itself in this aspect of compliance unless agreements are reached regarding Defendants' reporting. Please feel free to contact us by telephone or email if you have any questions or need clarification. We hope these issues can be resolved without litigation and to the satisfaction of all parties. Sincerely. Peter A. Schey Carlos R. Holguin Center for Human Rights and Constitutional Law Peter Schey ccs: Andrea Sheridan Ordin, Flores Special Master Sarah Fabian, Esq. Defendants' Counsel Nicole N. Murley, Esq. Defendants' Counsel Case Document 738 Filed 03/27/20 Page 25 of 31 Page ID #:34477 EXHIBIT Case PROT21-DMG-AGR Document 738 Filed 03/27/20 Page 26 of 31 Page ID #:34478 Declaration of Michael Fassio I, Michael Fassio, declare as follows: 1. I am an attorney licensed to practice law in the State of Washington. I have volunteered with the Center for Human Rights and Constitutional Law since 2018, during which time I have interviewed and prepared declarations for minors in detention and visited multiple Customs and Border Patrol and ORR facilities. This declaration is based on my personal knowledge of the following information. 2. On March 9, 2020, I visited the Crittenton Family Services ORR facility in Fullerton, California, as a Flores monitor on behalf of the Center for Human Rights and Constitutional Law. I was one of a group of monitors and interpreters. During this visit, we interviewed detained minors and were also given a tour of the facility. We spent approximately 8 hours there. 3. There were approximately 40 minor detainees in residence at the facility. 4. No COVID-19 protocols were given to us to follow during our interviews with individual children or on our tour. I was not asked to engage in social distancing. 5. No face masks or gloves were provided to us to use. 6. No face masks or gloves were in use by staff or minor detainees. 7. I did not observe social distancing between staff and minor detainees. 8. I did not observe social distancing between fellow minor detainees. 9. I saw no evidence of information available to detained minors to educate them about COVID19 and specific safety measures they should take to reduce the spread of the virus (such as handwashing and social distancing). 10. I observed that sinks were accessible to detained minors and staff and were well-stocked with soap and paper towels. We were not informed of the availability of hand sanitizer, so I do not know of its presence. 11. A maximum of three children sleep in the same room. Single rooms are reserved for children that are on a one-on-one watch, and those that are pregnant. 12. The only medical personnel at the Crittenton facility at the time of our visit was one nurse. We were told that the nurse is on duty full time and that a pediatrician visits the facility twice a week. Case Document 738 Filed 03/27/20 Page 27 of 31 Page ID #:34479 13. Communal spaces and surfaces appeared to be clean. I did not observe any communal rooms. furniture, and restrooms being cleaned or sanitized during our visit. No information was provided by staff concerning enhanced sanitation to minimize the transmission of 14. All detained minors, approximately 40 at the time of our visit, eat meals together. 15. Detained minors travel together in a van to and from classes at a school approximately 1 mile away. These trips put the children in close contact with each other and staff. We were not made aware of any measures during these trips to reduce the likelihood of transmission. 16. During our visit, we observed the children playing soccer in a small ?eld adjacent to the buildings. This put them in close proximity to one another in numbers greater than ten. I declare under penalty of perjury that the above is correct and true- Executed on the 26?? of March 2020, in Kent, Washington. Michael Fassio Case Document 738 Filed 03/27/20 Page 28 of 31 Page ID #:34480 EXHIBIT Case PROT22-DMG-AGR Document 738 Filed 03/27/20 Page 29 of 31 Page ID #:34481 Declaration of Alex Mendoza 1. I am an attorney licensed to practice in the State of California. This declaration is based on personal knowledge of the following information. 2. On March 10, 2020, I visited the Southwest Key San Diego ORR Shelter in El Cajon, California as a Flores monitor on behalf of the Center for Human Rights and Constitutional Law. I was one of a group of monitors and interpreters. The visit lasted from 9 a.m. to 5 p.m. 3. I did not observe social distancing among children and staff. 4. I did not observe social distancing among the children. 5. I was not asked to practice social distancing. 6. No face masks or gloves were provided to staff or children. 7. There was no hand sanitizer nor were there accessible hand-washing stations for children or staff. 8. There was no soap out on children's bathroom sinks. 9. Up to three children slept in each room. 10. Children's beds were about three feet apart. 11. We observed one nurse on duty. 12. I observed a staff bathroom being cleaned once during our visit. 13. We observed bedrooms being cleaned once during our visit. 14. We observed a communal office being cleaned once during our visit. 15. We did not observe communal outdoor tables being cleaned or sanitized during our visit. 16. Children ate meals and had class together - with approximately 30 people in the same room. 17. There were 2 other groups of more than 10 people visiting the facility during our visit, and neither group practiced social distancing or used face masks and gloves. 18. Children were not provided with verbal or written education on practices to protect their health and reduce the spread of COVID-19 - including washing their hands, not touching their faces, and practicing social distancing. There was one exception, explained below: Case PROT23-DMG-AGR Document 738 Filed 03/27/20 Page 30 of 31 Page ID #:34482 19. Two members of our group interviewed Victor Manuel Valdovnios Adame (from Mexico, born October 19, 2002, A# 203-606-569), a detained minor who wore a face mask because he had a cough. 20. Although Victor wore a mask, it was just an ordinary surgical mask rather than an N95. It was unclear how often he was able to change it. He coughed several times during his interview and repeatedly pulled the mask away from his nose for a few seconds at a time. The mask seemed to be bothering him. 21. Victor reported that he was held in a room by himself for 24 hours at a Customs and Border Protection facility when he was first apprehended. There, he was given a medical exam but no medication. He arrived at SWK El Cajon on March 6th, but because of his cough, he was kept from meeting many other children. On March 9th, he was finally given a vaccine and allowed to socialize. As of March 10th, he had two roommates. I declare under penalty of perjury that the above is correct and true. Executed on March 26, 2020 in San Diego, California. Name: Alex Mendoza Signature: Case PROT24-DMG-AGR Document 738 Filed 03/27/20 Page 31 of 31 Page ID #:34483 1 CERTIFICATE OF SERVICE 2 3 I, Peter Schey, declare and say as follows: 4 5 6 7 8 9 10 11 12 I am over the age of eighteen years of age and am not a party to this action. I am 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 March 27, 2020, I electronically filed the following document(s): Notice of Filing Supplemental Exhibits [O-S]. with the United States District Court, Central District of California by using the CM/ECF system. Participants in the case who are registered CM/ECF users will be served by the CM/ECF system. 13 14 /s/Peter Schey Attorney for Plaintiffs 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -1-