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St. Louis Judges Embrace Ankle Monitors Amid Calls to Reform Bail
In the heat of an argument last spring, Khyla Mason raised a handgun into the air on a neighbor’s porch. She was acting in self-defense, she said, and never fired, but the confrontation was captured on video, and some children were nearby. Ms. Mason wound up in a St. Louis jail charged with unlawful use of a weapon.
Just a few years ago, someone facing the same charge in St. Louis was likely to pay a small bond and resume life as usual until trial, local attorneys said. But Ms. Mason, who was then 21, was released from jail with a box the size of a deck of cards strapped to her right ankle. It tracked her every move.
For weeks, the device alerted officials each time she missed her court-imposed curfew or left her house without approval. Sometimes, she was buying food or diapers for her 2-year-old son, or taking him to the hospital, she said. After more than two dozen violations, she was sent back to jail.
She remained there for a month.
More and more defendants across the country are being placed on electronic monitors, part of an ambitious effort to prevent overcrowding in the nation’s jails and keep people from being imprisoned while awaiting trial for minor offenses.
Like courts in Baltimore, Dallas and Los Angeles, the St. Louis city circuit court is among those that have embraced electronic monitoring as a powerful reform of the cash bail system. The number of new monitors activated here more than doubled from the first half of 2021 to the first half of 2024, when it surpassed 550, a New York Times analysis found.
But in that time, St. Louis has had to grapple with some unforeseen complications — including technological mishaps, privacy concerns and high costs — that offer lessons to other courts. More significantly, the devices are now worn by hundreds of people who most likely would not have stayed in jail anyway.
The Times analysis found that about three-quarters of the people monitored in St. Louis in the first half of 2024, including a small number ordered to download monitoring apps, were charged with misdemeanors or lower-level felonies such as unlawful gun possession, driving while intoxicated and third-degree assault. In the past, people facing those kinds of charges would generally have been offered a cash bail, four local criminal attorneys said.
The devices have subjected some defendants to more scrutiny than those individuals would have otherwise faced. They have also made it more obvious that the defendants were accused of a crime, and several said that having a visible monitor cost them a job or made it hard to attend school or care for a child or an older relative.
In a statement, Joel Currier, a St. Louis city circuit court spokesman, acknowledged that monitoring was “an imperfect tool,” but said that the court’s program balanced “the rights of the accused as well as the safety of crime victims and the community.”
Michael K. Mullen, a retired St. Louis city circuit judge who supports monitors, said the devices were better for defendants than jail.
“That’s what they have to be reminded of when they come in front of me,” he said.
But Matthew Mahaffey, who runs the city’s public defender office, which represents people who cannot afford attorneys, said that monitoring was too often required of people who posed no flight risk or threat to public safety.
Making matters worse, he said, the devices have occasionally malfunctioned and provided inaccurate readings.
“Until it gets cleared, it looks like a violation, which can put the client in a tricky spot,” Mr. Mahaffey said, adding that defendants had been sent back to jail or issued harsher sentences as a result.
Research has also shown that electronic monitoring can lead to isolation and prejudice from landlords and employers, said Kate Weisburd, an expert on surveillance and technology who teaches at U.C. Law San Francisco. She raised further concerns about privacy.
“As there is a growing appetite to end incarceration, there’s this knee-jerk reaction to want to substitute incarceration with something,” she said. “We can’t just strip people of their privacy rights the moment they are arrested for a crime.”
Dead Batteries and Missed Curfews
Last year, The Times sat in on dozens of pretrial bond hearings, which are held to determine whether a person who has been arrested will be released or held in jail, and interviewed more than 20 people who wore ankle monitors. The charges against them ranged from harassment and property damage to domestic assault.
James Neal wore a monitor for about six months last year after he sped away from a traffic stop. He was later charged with fleeing, resisting arrest and drug and firearm possession, court records show.
Mr. Neal, 42, was not allowed to carry a weapon because of a past felony conviction. He said he kept one anyway because of the city’s high crime rates.
Once the monitor was installed, Mr. Neal had to charge the device by connecting it to an outlet and sitting tethered to the wall for hours at a time. That was especially difficult while he was looking after his young son, he said.
Mr. Neal received violations because the battery died and because he left his house without the court’s permission, court records show. Once, he was cited for spending two nights at his mother’s house after a death in the family, the records confirm.
Mr. Neal pleaded guilty in July and was sentenced to probation.
Ms. Mason, who was sent back to jail last summer for the violations her monitor flagged, fell behind on her rent while she was incarcerated, she said. By the time she was released in August, she had been evicted from her north St. Louis apartment. She was in the second trimester of a new pregnancy.
Ms. Mason said the monitor affected her life in other ways. After wearing it to the hospital where she worked as a dietary worker, she lost her job. The hospital said she was let go because of poor attendance, but Ms. Mason said she had covered her absences with sick time.
In the months that followed, she said, potential employers zeroed in on her ankle at job interviews.
“I can’t really get a job or any good opportunities because people instantly judge me,” she said in October.
In December, a judge reduced Ms. Mason’s felony charges to a single misdemeanor. If she stays out of trouble for two years, the remaining charge will be expunged from her record.
She had the ankle monitor removed two weeks before giving birth in the new year.
‘Least Restrictive’ Conditions
The St. Louis city circuit court began using devices with GPS technology to monitor a small number of defendants about a decade ago. At first, the initiative drew criticism because of how it was funded: The private company running the program charged defendants installation and surveillance fees, and those who could not afford those fees could be sent back to jail.
The program remained small for years. But in 2019, amid a wave of bipartisan bail reform policies, the Missouri Supreme Court directed judges across the state to seek out alternatives to incarceration for defendants who could not afford bond.
In St. Louis, the number of people ordered to wear monitors spiked, data shows. The numbers held steady during the pandemic, when public health officials called for fewer people to be held in jails, and then surged when Gabe Gore — who cast himself as a law-and-order candidate — became circuit attorney and ramped up prosecutions.
In the cases The Times observed last year, prosecutors regularly recommended monitoring for people being considered for release. In a statement, Mr. Gore’s office said that monitors were not the default, and that prosecutors evaluated the facts of each individual case.
While defense lawyers can weigh in on the recommendation, judges ultimately decide whether a defendant will be detained or released, and whether monitoring is necessary. Judges are supposed to impose the “least restrictive” conditions to ensure public safety as well as the defendant’s return to court.
Mr. Currier declined to make Judge Christopher E. McGraugh, who became the court’s presiding judge in January, available for an interview.
In many ways, the St. Louis court has done more than most to make the monitors less disruptive to defendants’ lives. It now covers the costs of monitoring for those who cannot afford to pay, something many other courts across the country, including the neighboring St. Louis County circuit court, do not do. In recent months, the city’s circuit court has paid for almost 90 percent of people who were being monitored, data shows.
In addition, the court’s pretrial services office offers bus passes and mental health and shelter referrals to people with pending cases, Mr. Currier said.
Total Court Services, a company based in Michigan, is the court’s contractor for monitoring services. It rents a small office across the street from the courthouse; there, four or five employees keep tabs on more than 400 defendants at a time.
The vice president for sales and marketing, Jason Tizedes, said the company was trying to make monitoring less intrusive. It recently released a smartphone app that judges in the St. Louis city circuit court have started to use in a limited number of cases.
“If folks are lower risk, you don’t want to overmonitor them,” Mr. Tizedes said in an interview. “If you oversupervise, overmonitor people that don’t need it, it’s essentially setting them up for failure.”
As for the privacy concerns, Mr. Tizedes said, the company shares people’s location data only with court officials and law enforcement officers who have warrants. He blamed the job loss and the discrimination people with monitors sometimes face on unsympathetic employers.
David D. Hemphill, who works in home renovation, said he felt that discrimination while wearing a visible monitor last year. After landing fewer contracts than he expected, he fell into a depression.
Mr. Hemphill, 38, said that he had been arrested after failing to pull over for a traffic stop and leading the police on a 30-minute chase. He said that the officer who had initiated the stop was a neighbor, and that he did not trust the police.
Four months after the arrest, the charges against Mr. Hemphill were dropped, he said. But in that time, Mr. Hemphill became increasingly paranoid. His monitor beeped constantly and issued loud voice alerts. Sometimes he did not know whether the noises meant that the equipment was faulty or that he had unknowingly violated the terms of his release.
Once he began wearing his monitor, he noticed just how many of his co-workers on construction sites were wearing the same kind of device. He started talking to them about their experiences and realized that many felt the same as he did.
“Each violation plays on your mental,” he said. “You don’t know what the outcome is going to be. These people have your life in their hands.”
A Record Budget
Though many see it as a reform, electronic monitoring has drawn wide-ranging criticism both in St. Louis and across the country.
Blake Strode, the executive director of ArchCity Defenders, a St. Louis civil rights law firm that has challenged the use of cash bail and inhumane jail conditions, called the city circuit court’s monitoring program “an incarceration scheme” that set people up to be jailed for technical violations.
Mr. Strode acknowledged that judges used cash bail less frequently now, and that the jail population had shrunk. But electronic monitoring starts punishing people as soon as they are charged with a crime, he said, not after a finding of guilt.
“We should ask whether that trade-off is worth it,” Mr. Strode said.
The policy has also faced a different critique: that letting people accused of crimes await trial at home undermines public safety. Some critics have also said that court officials and prosecutors have not been aggressive enough in punishing people for violations.
In St. Louis, that argument gained traction in 2023, after a man awaiting trial on robbery charges ran a red light and seriously injured a teenage pedestrian. The defendant, Daniel Riley, had amassed dozens of GPS violations before the crash, but was never ordered to appear in court over the infractions. The city’s circuit attorney at the time, Kim Gardner, resigned amid the controversy.
National proponents of electronic monitoring like Carl Wicklund, a former executive director of the American Probation and Parole Association, continue to see the value in the system. But Mr. Wicklund said that people with the devices must be able to hold jobs, secure housing and be involved with their families, churches and communities.
Without those things, he said, defendants become “higher risk, because they have nothing to lose.”
According to the St. Louis circuit court’s 2023 annual report — the most recent it has published — nearly 87 percent of defendants who wore monitors completed their pretrial periods without a new arrest. The figure was nearly the same for defendants who awaited trial at home without monitors. (The court cautioned against using the statistics to draw conclusions about the effectiveness of monitoring, saying that the figures did not account for factors such as age, criminal history and substance abuse.)
Court officials’ investment in the program continues to grow. This fiscal year, the city budgeted more than $850,000 for the initiative, a record high for St. Louis. Budget documents show the court is on track to spend more than $1 million on the initiative.
In the spring, the court plans to solicit proposals from contractors interested in providing monitoring services after its current contract expires. Mr. Tizedes said Total Court Services was likely to submit a bid.
Justin Mayo contributed reporting. Susan C. Beachy contributed research.
This article was reported in partnership with Big Local News at Stanford University.
ABOUT THE ANALYSIS
To calculate the number of new ankle monitors activated in St. Louis, The Times analyzed hundreds of pages of monthly invoices that Total Court Services sent to the St. Louis City 22nd Circuit Court from October 2020 through June 2024. The invoices, obtained through a public records request, show how much Total Court Services billed for each defendant (identified by case number) who used 24/7 ankle monitoring services. The Times excluded defendants monitored only via the company’s smartphone app, CourtFact, which has a limited GPS component. The invoices specify start and end dates, as well as whether the court or the defendant was responsible for payment.
To calculate the share of monitored defendants who were charged with misdemeanors or class D or E felonies, The Times analyzed the court’s monthly pretrial data reports. The reports, which are available online, include monthly counts of defendants released from jail with GPS monitors broken down by class of charge.
Discrepancies between the invoices and the court’s reports are because the reports indicate the month judges ordered defendants to wear GPS monitors while the invoices indicate when the monitors were activated, and the two dates can be different. Additionally, pretrial data reports included defendants released with CourtFact smartphone monitoring in the totals. Beginning in June 2024, the reports included only defendants with GPS ankle monitoring.
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Mojtaba Khamenei, son of former supreme leader, tipped to become Iran’s next head of state
Mojtaba Khamenei, the second son of the assassinated Ali Khamenei, is being heavily tipped to succeed his father as supreme leader of Iran, which would pitch a hardliner into the task of steering the Islamic republic through the most turbulent period in its 48-year history and offer a powerful signal that, for now, it has no intention of changing course.
No official confirmation has been given and the announcement may be delayed until after the funeral of Ali Khamenei, which was on Wednesday postponed.
His son is believed to have been the choice of the Islamic Revolutionary Guard Corps (IRGC), and the Israeli defence minister, Gideon Saar, has warned he will be assassinated.
Ayatollah Seyed Khatani, a member of the Assembly of Experts, the body that chooses the new supreme leader, said the assembly was close to selecting a leader.
Rigid in his anti-western views, Mojtaba Khamenei is not the candidate Donald Trump would have wanted. Marco Rubio, the US secretary of state, said on Tuesday that Iran was run by “religious fanatic lunatics” – and Khamenei’s appointment is hardly likely to dispel that opinion.
The choice of supreme leader is made by the 88-strong Assembly of Experts, who in this case are picking from a field of six possible candidates. His election would be a powerful if unsurprising symbol that the government is not looking to find an accommodation with America.
Trump has said the worst-case scenario would be if Khamenei’s successor was “as bad as the previous person”.
There has been speculation for more than a decade that he would be his father’s successor, which grew when Ebrahim Raisi, the elected president and favourite of Khamenei, was killed in a helicopter crash.
Mojtaba Khamenei was born in 1969 and studied theology after graduating from high school. At the age of 17, he went to serve in the Iran-Iraq war, but it was not until the late 1990s that he came to be recognised as a public figure in his own right.
After the landslide defeat of Khamenei’s preferred candidate, Ali Akbar Nategh Nuri, in the 1997 presidential election, where he won only 25% of the final vote, various conservative Iranian groups realised the need to make changes to their structures and Mojtaba Khamenei was central to that project.
He was also seen as instrumental by reformists in suppressing the protests in 2009 that came after allegations the presidential election had been rigged, with his name chanted in the streets as one of those responsible. Mostafa Tajzadeh, a senior member of Iran’s reformist parties who was imprisoned after the vote, alleged that his and his wife, Fakhr al-Sadat Mohtashamipour’s, legal case was under the direct supervision of Mojtaba Khamenei.
In 2022 he was given the title of ayatollah – essential to his promotion. By then he was a regular figure by his father’s side at political meetings, as well as playing an influential role in the Islamic Republic’s Broadcasting Corporation, the government’s official media outlet often criticised for churning out dull political propaganda that many Iranians reject in favour of overseas satellite channels. He has also played a central role in the administration of his father’s substantial financial empire.
His closest political allies are Ahmad Vahidi, the newly appointed IRGC commander; Hossein Taeb, a former head of the IRGC’s intelligence organisation; and Mohammad Bagher Ghalibaf, the current speaker of the parliament.
His rumoured appointment and its hereditary nature has long been resisted by reformists. The former prime minister Mir Hossein Mousavi, referring to the long history of rumours about Mojtaba Khamenei succeeding his father as leader, wrote in 2022: “News of this conspiracy have been heard for 13 years. If they are not truly pursuing it, why don’t they deny such an intention once and for all?”
The Assembly of Experts, in response, denounced “meaninglessness of doubts” and said the assembly would select only “the most qualified and the most suitable”.
Israel on Tuesday struck the building in the Iranian city of Qom, one of Shia Islam’s main seats of power, where the assembly was scheduled, but the building was empty, according to IRGC-affiliated media.
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Video: Senators Question Kristi Noem on ICE Immigration Tactics
new video loaded: Senators Question Kristi Noem on ICE Immigration Tactics
transcript
transcript
Senators Question Kristi Noem on ICE Immigration Tactics
Homeland Security Secretary Kristi Noem repeatedly refused to apologize for suggesting that Alex Pretti and Renee Good, two U.S. citizens shot and killed by agents, were domestic terrorists.
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What we’ve seen is a disaster under your leadership, Ms. Noem. A disaster. What we’ve seen is innocent people getting detained that turn out are American citizens. I could talk about the culture that’s been created here. After the killings of Renee Good and Alex Pretti, when I spoke to Alex’s parents, they told me that you calling him a domestic terrorist — this was directly from them — the day after he was killed, a nurse in our V.A., Alex — one of the most hurtful things they could ever imagine was said by you about their son. Do you have anything you want to say to Alex Pretti’s parents? Ma’am, I did not call him a domestic terrorist. I said It appeared to be an incident of — I think the parents saw it for what it was. In a hearing — recent hearing before the HSGAC committee, C.B.P. and ICE officials testified under oath that their agencies did not inform you that Pretti was a domestic terrorist — during that hearing, stated during that hearing, I was getting reports from the ground, from agents at the scene, and I would say that it was a chaotic scene. How did you think that calling them domestic terrorists at that scene was somehow going to calm the situation? The fact that you can’t admit to a mistake, which looks like under investigation, it’s going to prove that Ms. Good and Mr. Pretti probably should not have been shot in the face and in the back. Law enforcement needs to learn from that. You don’t protect them by not looking after the facts.
By Christina Kelso and Jackeline Luna
March 3, 2026
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Pregnant migrant girls are being sent to a Texas shelter flagged as medically risky
The Trump administration is sending pregnant unaccompanied minors to a South Texas shelter (above) flagged as medically inadequate by officials from the Office of Refugee Resettlement. The facility is run by a for-profit contractor called Urban Strategies.
Patricia Lim/KUT News
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Patricia Lim/KUT News
The Trump administration is sending all pregnant unaccompanied minors apprehended by immigration enforcement to a single group shelter in South Texas. The decision was made over urgent objections from some of the administration’s own health and child welfare officials, who say both the facility and the region lack the specialized care the girls need.
That’s according to seven officials who work at the Office of Refugee Resettlement within the U.S. Department of Health and Human Services, which takes custody of children who cross the border without a parent or legal guardian, or are separated from family by immigration authorities. The children remain in ORR’s care until they can be released to an adult or deported, or turn 18.
All of the officials asked not to be named for fear of retaliation.
Since late July, more than a dozen pregnant minors have been placed at the Texas facility, which is in the small border city of San Benito. Some were as young as 13, and at least half of those taken in so far became pregnant as a result of rape, the officials said. Their pregnancies are considered high risk by definition, particularly for the youngest girls.
“This group of kids is clearly recognized as our most vulnerable,” one of the officials said. Rank-and-file staff, the official said, are “losing sleep over it, wondering if kids are going to be placed in programs where they’re not going to have access to the care they need.”
The move marks a sharp departure from longstanding federal practice, which placed pregnant, unaccompanied migrant children in ORR shelters or foster homes around the country that are equipped to handle high-risk pregnancies.
The ORR officials said they were never told why the girls are being concentrated in a single location, let alone in this particular shelter in Texas. But they — along with more than a dozen former government officials, health care professionals, migrant advocates and civil rights attorneys — worry the Trump administration is knowingly putting the children at risk to advance an ideological goal: denying them access to abortion by placing them in a state where it’s virtually banned.
“This is 100% and exclusively about abortion,” said Jonathan White, a longtime federal health official who ran ORR’s unaccompanied children program for part of President Trump’s first term. White, who recently retired from the government, said the administration tried and failed to restrict abortion access for unaccompanied minors in 2017. “Now they casually roll out what they brutally fought to accomplish last time and didn’t.”
Asked if the administration is sending pregnant children to San Benito to restrict their access to abortion, HHS said in a statement that the allegation was “completely inaccurate.”
In an earlier statement, the department said that “ORR’s placement decisions are guided by child welfare best practices and are designed to ensure each child is housed in the safest, most developmentally appropriate setting, including for children who are pregnant or parenting.”
But several of the ORR officials took issue with the department’s statement. “ORR is supposed to be a child welfare organization,” one of them said. “Putting pregnant kids in San Benito is not a decision you make when you care about children’s safety.”
ORR’s acting director, Angie Salazar, instructed agency staff to send “any pregnant children” to San Benito beginning July 22, 2025, according to an internal email obtained as part of a six-month investigation by The California Newsroom and The Texas Newsroom, public media collaboratives that worked together to produce this story.
A copy of the July 22, 2025, email notifying ORR supervisors of the directive to send pregnant unaccompanied minors to a single shelter in San Benito, Texas. The move comes over objections from the government’s own health and child welfare officials.
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Several of the officials said a handful of pregnant girls have mistakenly been placed in other shelters because immigration authorities didn’t know they were pregnant when they were transferred to ORR custody.
Since the July order, none of the pregnant girls at the San Benito facility have experienced major medical problems, according to the ORR officials and Aimee Korolev, deputy director of ProBAR, an organization that provides legal services to children there. They said several of the girls have given birth and are detained with their infants.
But ORR officials interviewed for this story said they worry the shelter is only one high-risk pregnancy away from catastrophe.
“I feel like we’re just waiting for something terrible to happen,” one of the officials said.
‘Blown away by the level of risk’
There are dozens of ORR shelters or foster homes across the country that are designated to care for pregnant unaccompanied children, according to several of the ORR officials, with 12 in Texas alone. None of them could recall a time when all of the pregnant minors in the agency’s custody were concentrated in one shelter.
Detaining them in San Benito, Texas, doctors and public health experts said, is a dangerous gambit.
“It’s not good to be a pregnant person in Texas, no matter who you are,” said Annie Leone, a nurse midwife who recently spent five years caring for pregnant and postpartum migrant women and girls at a large family shelter not far from San Benito. “So, to put pregnant migrant kids in Texas, and then in one of the worst health care regions of Texas, is not good at all.”
The specialized obstetric care that exists in Texas is mostly available in its larger cities, hours from San Benito. And several factors, including the high number of uninsured patients, have eroded the availability of health care across the state.
Furthermore, Texas’ near-ban on abortion has been especially devastating to obstetric care. The law allows an exception in cases where the pregnant person’s life is in danger or one of her bodily functions is at risk, but doctors have been confused as to what that means.
Many doctors have left to practice elsewhere, and those who’ve stayed are often scared to perform procedures they worry could come with criminal charges. While Texas passed a law clarifying the exceptions last year, experts have said it may not be enough to assuage doctors’ fears.
Several maternal health experts listed the potential dangers for the girls at the San Benito shelter: If one of them develops an ectopic pregnancy (where the fertilized egg implants outside the uterus), if she miscarries or if her water breaks too early and she gets an infection, the emergency care she needs could be delayed or denied by doctors wary of the abortion ban.
Getting the care that is available could take too long to save her life or the baby’s, they added.
Adolescents are also more likely to give birth early, which can be life-threatening for both mother and baby. The youngest face complications during labor and delivery because their pelvises aren’t fully developed, said Dr. Anne-Marie Amies Oelschlager, an obstetrician in Washington state who specializes in adolescent pregnancy.
“These are young adolescents who are still going through puberty,” she said. “Their bodies are still changing.”
Pregnant girls who recently endured the often harrowing journey to the U.S. face even more risk, obstetrics experts said. Experts who work with migrant children say many are raped along the way and contract sexually transmitted infections that can be dangerous during pregnancy. Add to that little to no access to prenatal care or proper nourishment, and then the trauma of being detained.
“You couldn’t set up a worse scenario,” said Dr. Blair Cushing, who runs a women’s health clinic in McAllen, about 45 minutes from San Benito. “I’m kind of blown away by the level of risk that they’re concentrating in this facility.”
A history of problems
The San Benito shelter is owned and operated by Urban Strategies, a for-profit company that has contracted with the federal government to care for unaccompanied children for more than a decade, according to USAspending.gov.
Meliza Fonseca lives across the street from the San Benito shelter. She said she occasionally sees kids in the yard on weekends, “but for the most part, you don’t see them.”
Patricia Lim/KUT
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Patricia Lim/KUT
The main building, an old tan brick Baptist Church, occupies a city block in downtown San Benito, a quiet town of about 25,000. The church was converted to a migrant shelter in 2015 and was managed by two other contractors before Urban Strategies took it over in 2021.
On a fall day last year, there were no signs of activity at the facility, though children’s lawn toys and playground equipment were visible behind a wooden fence. A guard was stationed at one of the entrances.
“It’s pretty quiet, just like it is today,” said Meliza Fonseca, who lives nearby. “That’s the way it is every day.”
She said she occasionally sees kids playing in the yard on weekends, “but for the most part, you don’t see them.”
Reached by email, the founder and president of Urban Strategies, Lisa Cummins, wrote that the company is “deeply committed to the care and well-being of the children we serve,” and directed any questions about ORR-contracted shelters to the federal government.
When asked about the San Benito facility, HHS wrote that “Urban Strategies has a long-standing record of delivering high-quality care to pregnant unaccompanied minors, with a consistently low staff turnover.”
But the ORR officials who spoke with the newsrooms said that as recently as 2024, staff members at the shelter failed to arrange timely medical appointments for pregnant girls or immediately share critical health information with the federal agency and discharged some of them without arrangements to continue their medical care.
ORR barred the shelter from receiving pregnant girls from September to December of 2024 while Urban Strategies implemented a remediation plan, but the plan did not add staff or enhance their qualifications, the officials said.
Some of the officials said ORR’s leadership was provided with a list of shelters that are better prepared to handle children with high-risk pregnancies. All of those shelters are outside Texas, in regions where the full range of necessary medical care is available. Yet the directive to place them at San Benito remains in place.
“It’s cruel, it’s just cruel,” one of the officials said. “They don’t care about any of these kids. They’re playing politics with children’s health.”
‘A dress rehearsal’
Jonathan White, who ran ORR’s unaccompanied children program from January of 2017 to March of 2018, said he wasn’t surprised to learn that the new administration is moving pregnant unaccompanied children to Texas.
“I’ve been expecting this since Trump returned to office,” White said in an interview.
He said he views the San Benito order as a continuation of an anti-abortion policy shift that began in 2017, which “ultimately proved to be a dress rehearsal for the current administration.”
Scott Lloyd, the agency’s director at the time, denied girls in ORR custody permission to end their pregnancies, court records show. Lloyd also required the girls to get counseling about the benefits of motherhood and the harms of abortion and personally pleaded with some of them to reconsider.
“I worked to treat all of the children in ORR care with dignity, including the unborn children,” Lloyd told the newsrooms in an email.
In the fall of 2017, the American Civil Liberties Union filed a class action lawsuit against Lloyd and the Trump administration on behalf of pregnant girls in ORR custody. The ACLU argued that denying the girls abortions violated their constitutional rights, established by the Supreme Court in its 1973 Roe v. Wade decision.
Not long after the lawsuit was filed, White said, he received a late-night phone call from Lloyd, who had a request. He wanted White to transfer an unaccompanied pregnant girl who was seeking an abortion to a migrant shelter in Texas, where, under state law, it would have been too late for her to terminate her pregnancy. White said that he believed following the order would have been unlawful because it might have denied the girl access to legal relief under the lawsuit, so he refused. The girl was not transferred.
Lloyd, who has since left the government, acknowledged making the request but said he didn’t think it was illegal.
The lawsuit was settled in 2020; the first Trump administration agreed not to impede abortion access for migrant youth in federal custody going forward. Four years later, the Biden administration cemented the deal in official regulations: If a child who wanted to terminate her pregnancy was detained in a state where it was not legal, ORR had to move them to a state where it was.
That rule remains in place, and the agency appears to be following it: ORR has transferred two pregnant girls out of Texas since July, though the agency officials said one of the girls chose not to terminate her pregnancy.
But now that Trump is back in office, his administration is working to end the policy.
‘Elegant and simple’
Even before Trump won reelection, policymakers in his circle were planning a renewed attempt to restrict abortion rights for unaccompanied minors.
Project 2025, the Heritage Foundation’s blueprint for a politically conservative overhaul of the federal government, called for ORR to stop facilitating abortions for children in its care. The plan advised the government not to detain unaccompanied children in states where abortion is available.
Such a change is now possible, Project 2025 argued, because Roe v. Wade is no longer an obstacle. Since the Supreme Court overturned the landmark decision in 2022, there is no longer a federal right to abortion.
Upon returning to office, Trump signed an executive order “to end the forced use of Federal taxpayer dollars to fund or promote elective abortion.”
Then, in early July, the Department of Justice reconsidered a longstanding federal law, known as the Hyde Amendment, that governs the use of taxpayer money for abortion. The DOJ concluded that the government cannot pay to transport detainees from one state to another to facilitate abortion access, except in cases of rape or incest or to save the life of the mother.
And now, ORR is working to rescind the Biden-era requirement that pregnant girls requesting an abortion be moved to states where it’s available. On Jan. 23, the agency submitted the proposed change for government approval, though it has not yet published the details.
Several of the ORR officials who spoke with the newsrooms said it’s unclear whether children in the agency’s custody who have been raped or need emergency medical care will still be allowed to get abortions.
“HHS does not comment on pending or pre-decisional rulemaking,” the department wrote when asked for details of the regulatory change. “ORR will continue to comply with all applicable federal laws, including requirements for providing necessary medical care to children in ORR custody.”
The day the change was submitted, an unnamed Health and Human Services spokesperson told The Daily Signal, a conservative news site, “Our goal is to save lives both for these young children that are coming across the border, that are pregnant, and to save the lives of their unborn babies.”
Experts who spoke with the newsrooms said it’s unclear why the government would concentrate pregnant children in one Texas shelter, rather than disperse them at shelters throughout the state. But they said they’re convinced that the San Benito directive and the anti-abortion rule change are meant to work hand in hand: Once pregnant children are placed at the San Benito shelter, the new regulations could mean they cannot be moved out of Texas to get abortions — even if keeping them there puts them at risk.
“It’s so elegant and simple,” said White, the former head of the unaccompanied children program. “All they have to do is send them to Texas.”
Mark Betancourt is a freelance journalist and regular contributor to The California Newsroom.
Mose Buchele with The Texas Newsroom contributed reporting.
This story was produced by The California Newsroom and The Texas Newsroom. The California Newsroom is a collaboration of public media outlets that includes NPR, CalMatters, KQED (San Francisco), LAist and KCRW (Los Angeles), KPBS (San Diego) and other stations across the state. The Texas Newsroom is a public radio journalism collaboration that includes NPR, KERA (North Texas), Houston Public Media, KUT (Austin), Texas Public Radio (San Antonio) and other stations across the state.
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