Victory for migrant children held by Border Patrol in open-air detention sites

[LAUREN TAYLOR]

A FEDERAL JUDGE IN CALIFORNIA RULED WEDNESDAY THAT BORDER PATROL OFFICERS NEAR SAN DIEGO HAVE ILLEGALLY DETAINED HUNDREDS OF IMMIGRANT YOUTHS IN “OPEN-AIR DETENTION SITES” WITHOUT PROPER FOOD, WATER, OR SHELTER SAYING THEY MUST BE QUICKLY PROCESSED INTO “SAFE AND SANITARY” FACILITIES. 

ACCORDING TO JUDGE DOLLY GEE— U.S. CUSTOMS AND BORDER PROTECTION LEGALLY HOLDS CUSTODY OVER MINORS AT THESE SITES AND IS RESPONSIBLE FOR THEIR HEALTH AND WELFARE. 

THE SOUTHERN BORDER COMMUNITIES COALITION AND ITS PARTNERS SUED THE DEPARTMENT OF HOMELAND SECURITY’S OFFICE OF CIVIL RIGHTS AND CIVIL LIBERTIES, ALLEGING MIGRANTS FACE “DIRE CONDITIONS” BEFORE BEING PROCESSED AT BORDER PATROL STATIONS.

THE CASE HIGHLIGHTS SEVEN LOCATIONS NEAR SAN DIEGO AND JACUMBA HOT SPRINGS IN SOUTHERN CALIFORNIA, WHERE THE RULING POINTS OUT ISSUES WITH WASTE DISPOSAL AND SANITATION, OFTEN LABELED AS “OVERFLOWING” AND “UNUSABLE.”

JUDGE DOLLY GEE
U.S. DISTRICT COURT | CENTRAL DISTRICT OF CALIFORNIA

“This means that the [open-air detention sites] not only have a foul smell, but also that trash is strewn about the [sites], and Class Members are forced to relieve themselves outdoors.”

[LAUREN TAYLOR]

THE COURT’S DECISION MANDATES CBP END HOLDING MINORS IN OR DIRECTING THEM TO OPEN-AIR SITES FOR LONGER THAN NECESSARY FOR TRANSPORT PREPARATION TO MORE APPROPRIATE FACILITIES.

CBP IS REVIEWING THE JUDGE’S ORDER AND HAS REITERATED ITS DEDICATION TO QUICKLY TRANSPORTING VULNERABLE INDIVIDUALS AND CHILDREN TO ITS FACILITIES. HOWEVER – OFFICIALS HAVE STRESSED THAT LIMITED CAPACITY AT THEIR STATIONS PREVENTS THEM FROM PROCESSING ALL MIGRANTS SIMULTANEOUSLY, CAUSING SOME ASYLUM-SEEKERS TO WAIT FOR SPACE TO BECOME AVAILABLE.

THE CBP JUVENILE COORDINATOR IS REQUIRED TO SUBMIT A REPORT NEXT MONTH DETAILING THE NUMBER OF MINORS DETAINED UNDER THESE CONDITIONS AND HOW THE AGENCY IS COMPLYING WITH THE COURT’S ORDER.