A federal judge in California has issued a court order directing that migrant children held in open-air desert camps must be expeditiously processed and placed in facilities that are safe and sanitary. The judge emphasized that US Customs and Border Protection (CBP) maintains legal custody over the minors at these sites and has decision-making authority over their health and welfare.
Since last spring, thousands of asylum seekers from various countries have arrived at makeshift camps in remote areas of the California desert, including dozens of children. Children's rights attorneys have raised concerns about the lack of adequate food, water, shelter, and medical services provided at these camps.
In response to the attorneys' arguments, the Biden administration contended that the minors were not in the legal custody of CBP as they had not been arrested by the agency. However, the attorneys pointed to Border Patrol's actions, such as patrolling the camps, using surveillance cameras, and directing migrants, as evidence of the agency's authority over the migrants.
Judge Gee's ruling on Wednesday stated that CBP should not hold minors in open-air sites except for the time necessary to prepare them for transfer to more suitable facilities, as such delays are deemed unnecessary. The court ordered the CBP Juvenile Coordinator to provide an interim report by May 10 detailing the number of minors in open-air sites and the agency's compliance with the order.
Attorneys representing the children will have six days to respond to the interim report once it is filed. The court's decision underscores the importance of ensuring the safety and well-being of migrant children in federal custody, particularly in challenging environments like open-air desert camps.
