Under the agreement, the government also agreed to release the detained children quickly. To bypass the floors and detain adults traveling with children, the Trump administration has separated families at the border. When the policy responded, the administration formulated rules to replace Flores, but the federal judge eventually rejected the attempt.
Despite the Trump administration’s dislike for the deal, it still meets the floor’s food and water needs. The Inspector General’s report for 2018, 2019 and 2020 found that all Border Patrol facilities visited by researchers provided infant formula. A CBP press release in 2019 also stated that the facility provided a prescription.
Congress itself exemplified the infant formula in legislation that would fund customs and border protection. For example, lawmakers set aside $ 40.2 million in 2019 to buy the agency “items such as food, baby formula and diapers.”
Like most government agencies, the CBP usually makes large purchases months or years in advance. For example, in 2015 the agency entered into a multi-million dollar agreement with a food distributor to provide food for five years to detained migrant children in the Rio Grande Valley area.
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Customs and Border Protection did not respond to questions about its formula collection process. But the agency said in a statement that “ensuring that the basic needs of migrants, including children and infants in our custody are being met, is in line with this administration’s commitment to ensuring a safe, orderly and humane process at the border.” The Agency is “subject to all terms and conditions applicable to the purchase of products used in CBP facilities.”
Steven L., a professor of government procurement law at George Washington University. Schooner doubted the agency’s purchase would have any impact on the current infant formula supply.
“I strongly believe that the market share of any formula purchased through DHS / CBP is statistically equal to zero,” he wrote in an email referring to the agency and the Department of Homeland Security. “Actually, I’m shocked if the government buys so many products.”