A federal judge in Los Angeles has ordered U.S. border officials to quickly process and relocate migrant children from makeshift open-air sites in Southern California where squalid conditions have been documented. In a 12-page order issued on Wednesday, Judge Dolly Gee of the U.S. District Court for the Central District of California determined that the children, although not yet formally in U.S. custody, are entitled to the rights and protections outlined in the Flores Settlement Agreement. This agreement requires the U.S. government to provide basic services to migrant children, including housing them in “safe and sanitary” facilities. Gee found that despite not being processed formally, the children are still under the legal custody of the U.S. as their movement is controlled by Border Patrol agents.
The case revolves around seven sites near San Diego and Jacumba Hot Springs in remote Southern California, where migrants wait before being transferred to brick-and-mortar detention facilities for processing by Border Patrol agents. Advocates have raised concerns about the lack of adequate food, dumpsters, and portable toilets at these open-air sites, some of which are overflowing and unusable. Judge Gee cited declarations from advocates who visited the sites, noting that migrant children are forced to relieve themselves outdoors due to the conditions. The ruling highlights the unsanitary and dangerous environment in which these migrant children are being held.
Judge Gee has previously found that the U.S. government, regardless of the administration in power, has violated the Flores agreement over several years. Customs and Border Protection (CBP) stated that they are reviewing Gee’s ruling and will continue to transport vulnerable individuals and children encountered at the border to its facilities as quickly as possible. Advocates for migrants have welcomed Gee’s decision, emphasizing that the government can no longer ignore the plight of children held in open-air detention sites. The ruling brings attention to the ongoing challenges faced by migrants at the southern border and the need for immediate action to ensure their safety and well-being.
Border Patrol has reported a significant increase in migrant crossings in Southern California in recent months. The San Diego sector alone recorded nearly 152,000 apprehensions in the first five months of fiscal year 2024, a 72% increase from the previous fiscal year. This surge in migrant crossings has made the San Diego sector the second busiest Border Patrol sector for illegal crossings, behind only the Tucson sector in Arizona. The influx of migrants underscores the need for comprehensive immigration reform and effective border management strategies to address the root causes of migration and protect vulnerable individuals, including children, seeking safety and refuge in the U.S.
The court’s decision to prioritize the well-being of migrant children and ensure they are housed in safe and sanitary conditions reflects a commitment to upholding their rights and dignity. Advocates continue to call for transparency and accountability in the treatment of migrants at the border, urging the government to provide adequate support and resources to address the humanitarian crisis effectively. As the Biden administration grapples with the challenges of illegal crossings and asylum seekers, the court ruling serves as a reminder of the importance of upholding human rights and ensuring that all individuals, regardless of their immigration status, are treated with compassion and respect. Moving forward, sustained efforts are needed to address the underlying causes of migration and create a more humane and effective immigration system that upholds the values of fairness and justice.
