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Federal Judge Questions Biden Administration's Responsibility For Migrant Children

Kedian William, 38, of Jamaica, hands a phone charger to volunteer Pedro Rios while waiting between two border walls in San Diego for agents on Friday, March 29, 2024. A federal judge on Friday sharpl

A federal judge raised concerns on Friday regarding the Biden administration's stance on housing and feeding migrant children at makeshift camps along the U.S.-Mexico border. The Border Patrol does not contest the challenging conditions at these camps, where migrants, who have crossed the border illegally, await processing under open skies or in makeshift structures. The key issue revolves around whether these children are considered to be in legal custody, triggering specific obligations.

The judge questioned whether the children are free to leave, to which a Justice Department attorney responded that they could only do so if they did not proceed further into the United States. The complexity arises from the fact that some children arrive at the camps independently, not brought there by Border Patrol agents.

Advocates are pushing to enforce a 1997 court-supervised settlement that outlines custody conditions for migrant children, including a 72-hour limit on detention and provisions for essential services. The judge did not issue a ruling following a hearing in Los Angeles.

Children traveling alone are supposed to be transferred within 72 hours to the U.S. Health and Human Services Department, which typically releases them to family members in the U.S. while their asylum cases are reviewed. Families seeking asylum are usually released in the U.S. during the legal process.

The legal challenge focuses on two areas in California, where migrants have been waiting for days to be processed by overwhelmed Border Patrol agents. The Justice Department denies the characterization of these sites as 'open-air detention sites,' attributing the influx of migrants to smugglers.

Border Patrol agents have increased efforts to expedite processing, with more buses deployed in the San Diego area. Migrants, primarily from China, India, Afghanistan, Azerbaijan, and Georgia, are encountered at these camps and processed by agents.

Volunteers provide humanitarian aid to the migrants, offering food, drinks, and medical assistance. One migrant shared her harrowing journey, highlighting the challenges faced by those seeking asylum in the U.S.

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