A federal judge in Los Angeles has issued an order directing U.S. border officials to promptly process and relocate migrant children who are currently residing in makeshift open-air sites in Southern California. This move comes in response to reports from advocates highlighting the deplorable conditions that these children are enduring.
Judge Dolly Gee of the U.S. District Court for the Central District of California issued a 12-page order on Wednesday, asserting that the children, who the federal officials have claimed are not yet under U.S. custody, deserve the rights and protections granted to migrant minors according to the longstanding Flores Settlement Agreement. This agreement obligates the U.S. government to offer essential services to migrant children, including accommodating them in facilities that are deemed “safe and sanitary.”
According to Gee, even though migrant children in Southern California’s outdoor staging areas have yet to undergo formal processing, they are still under the legal custody of the U.S. as they are being supervised by Border Patrol agents.
The case revolves around seven sites located near San Diego and Jacumba Hot Springs, which are in a secluded area of Southern California. These sites serve as waiting areas for migrants who have arrived at the border, where they may spend several hours or even days before being transferred to official detention facilities by Border Patrol agents for processing. It has been alleged that Border Patrol directs these migrants to these specific sites.
Advocates who have visited the open-air sites have reported that migrant children at these locations often do not receive enough food, apart from crackers. Additionally, some of the sites have faced issues with insufficient dumpsters and portable toilets. The existing facilities are described as “overflowing” and “unusable,” according to Gee.
In recent years, Gee has consistently discovered that the U.S. government, regardless of political party, has repeatedly violated the Flores agreement.
Customs and Border Protection stated that they are currently reviewing Gee’s ruling.
The agency stated that it will continue to swiftly transport vulnerable individuals and children encountered on the border to its facilities.
Advocates for migrants welcomed Gee’s decision with applause.
Neha Desai, an attorney at the National Center for Youth Law, emphasized the government’s neglect of children by keeping them in perilous and inhumane conditions at Open Air Detention Sites (OADS). Desai stated that the government has been evading its responsibility towards these children for more than a year. However, with the court’s recent ruling, the government can no longer deny that the children in OADS are under their custody. This decision holds significant implications for the welfare of these vulnerable individuals.
Border Patrol in Southern California has seen a significant surge in migrant crossings in recent months. Government data shows that in the first five months of fiscal year 2024, there were almost 152,000 migrant apprehensions in the San Diego sector, marking a 72% increase from fiscal year 2023.
The San Diego sector has become the second busiest Border Patrol sector for illegal crossings in 2024, coming in just behind the Tucson sector in Arizona.
