A federal judge on Friday harshly questioned the Biden administration’s claim that it bears no responsibility for housing and feeding migrant children in makeshift camps along the US-Mexico border.
The Border Patrol does not deny the camps’ conditions, in which migrants wait under an open sky or, in some cases, in tents or tree branch structures while running low on food and water. The migrants who crossed the border illegally are waiting for Border Patrol authorities to detain and process them. The question is whether they are currently in lawful custody.
The proposed measures would initiate a 72-hour time limit for the detention of children and establish the necessity of emergency medical services and assurances of physical safety, among other provisions.
According to U.S. District Judge Dolly Gee, the evidence provided by migrant advocacy groups seems to validate the definition of legal custody. She posed the question, “Are they free to leave?”
Justice Department attorney Fizza Batool responded by stating, “As long as they do not venture further into the United States.”
The legal challenge centers around two specific locations in California: one situated between two border fences in San Diego, and the other located in a remote mountainous region east of San Diego. During times when the number of migrants was exceptionally high last year, these individuals would often find themselves waiting for several days to be apprehended and processed by overwhelmed Border Patrol agents. To manage the influx, agents began distributing colored wristbands from May to December, allowing them to prioritize who to process first.
Advocates claim that the Border Patrol frequently guides migrants to the camps, and in some cases, even provides transportation. It is not uncommon to spot agents in close proximity, keeping a casual eye on the area until buses and vans arrive.
According to the Justice Department, they do not agree with the term “open-air detention sites” used by advocates. Instead, they claim that smugglers are responsible for sending migrants to these camps. The department argues that when agents provide water and snacks to migrants, it is seen as a humanitarian act. They also compare agents who send or escort migrants to these camps to law enforcement officers who direct traffic to prevent chaos and confusion.
According to Brent Schwerdtfeger, a senior official in the agency’s San Diego sector, the Border Patrol now arrests migrants at the camps within 12 hours of encountering them, which is a significant improvement from the 24-hour timeframe observed last year. To expedite the processing of migrants, the agency has increased the number of buses in the San Diego area from 6 to 15.
Pedro Rios, a volunteer from the American Friends of Service Committee, distributed turkey sandwiches and hot tea and coffee to people on the other side of the border wall. Through gaps in the wall, he provided a Chinese woman who had fallen from the wall with pain relievers and ointment to help with her injuries.
William stated that she made an effort to reach the camp on Wednesday but ended up returning to Tijuana to avoid being caught by Mexican authorities. She tried once more the following day, waiting for six hours on American soil for agents to come and process her.
