In a recent ruling, a federal judge in Los Angeles has mandated U.S. border officials to promptly process and transfer migrant children from makeshift open-air sites in Southern California, where advocates have uncovered deplorable conditions.
According to a 12-page order released on Wednesday, Judge Dolly Gee from the U.S. District Court for the Central District of California determined that these children, even though federal officials claim they are not yet under U.S. custody, are entitled to the rights and protections outlined in the longstanding Flores Settlement Agreement. This agreement requires the U.S. government to ensure basic services for migrant children, such as housing them in facilities that are deemed "safe and sanitary."
Judge Gee emphasized that despite not having undergone formal processing, migrant children at the outdoor staging areas in Southern California are still considered to be in the legal custody of the U.S. due to the control exerted over their movements by Border Patrol agents.
Recent ruling sheds light on dire conditions at open-air migrant detention sites in Southern California
A federal judge highlighted the appalling conditions at seven open-air sites near San Diego and Jacumba Hot Springs, where migrants are left waiting for hours or days before being transferred to official detention facilities. Advocates claim that Border Patrol directs migrants to these sites, where children often lack access to adequate food beyond crackers. The sites also suffer from a shortage of dumpsters and portable toilets, with existing facilities described as "overflowing" and "unusable."
"The foul smell and unsanitary conditions at the open-air sites force individuals to relieve themselves outdoors," the judge stated in her ruling.
In a recurring pattern, the judge has previously found that both Republican and Democratic administrations have violated the Flores agreement concerning the treatment of migrant children. U.S. Customs and Border Protection, responsible for overseeing Border Patrol agents, has not yet responded to the latest ruling.
Advocates have welcomed the judge's decision, emphasizing the government's responsibility to ensure the well-being of children in its custody.
"This ruling brings attention to the plight of children enduring dangerous and inhumane conditions at Open Air Detention Sites, holding the government accountable for their well-being," stated Neha Desai, an attorney at the National Center for Youth Law.
Sharp Increase in Migrant Crossings in Southern California
Recent months have seen a significant rise in migrant crossings in Southern California, according to Border Patrol. In the first five months of fiscal year 2024, Border Patrol reported almost 152,000 migrant apprehensions in the San Diego sector, marking a 72% increase from fiscal year 2023. This data was sourced from government statistics.
As of 2024, the San Diego sector has become the second busiest Border Patrol sector for illegal crossings, trailing behind the Tucson sector in Arizona.
