A Federal District Court judge ruled that the federal government must quickly house migrant children crossing into the United States, instead of leaving them in unsafe open-air sites along the border. The decision, made by Judge Dolly M. Gee of the United States District Court of Central California, ensured that minors in these sites are entitled to rights and protections, such as a safe environment, despite not being officially processed yet. This ruling is anticipated to impact thousands of children, putting pressure on U.S. Customs and Border Protection to address the influx of migrants.
The court order highlighted the concerning conditions at the open-air encampments, particularly in southern California, where children are exposed to health risks due to lack of shelter, food, and sanitation. Amidst the harsh desert climate, aid workers have reported cases of dehydration, heatstroke, and hypothermia among the vulnerable population, including children suffering from chronic health conditions. Despite the government’s argument that it was not responsible for providing services before formal custody, the judge emphasized Border Patrol agents’ role in controlling the minors’ well-being at these sites.
Although the judge did not set a specific time limit for how long minors could be held at the open-air sites, she directed the Department of Homeland Security to process children promptly and place them in safe facilities. The lawyers representing the children invoked the Flores settlement agreement, seeking basic provisions for immigrant children in government custody and challenging the government’s stance on responsibility for minors before formal apprehension. The ruling acknowledged the challenges faced by U.S. Customs and Border Protection in handling the immigration influx but underscored the importance of expediently processing and safeguarding migrant children in line with legal standards.
