A judge has ruled that migrant children in makeshift camps along the U.S.-Mexico border waiting to be processed by Border Patrol are in the agency’s custody.
Two migrants, part of a small group, are seeing through the mesh of the border fence as they camp outside a gate in El Paso, Texas, in 2023.along the U.S.-Mexico border for the Border Patrol to process them are in the agency’s custody and are subject to a long-standing court-supervised agreement that set standards for their treatment, a judge ruled.on how migrant children in U.S. government custody must be treated.
The border camps have become a flashpoint between immigrant advocates and the federal government. The U.S. has said smugglers send migrants to the camps and argued that the children are not yet in Border Patrol custody because they haven’t been arrested. Advocates say the U.S. government has a responsibility for the children and that Border Patrol often directs migrants to the camps, sometimes even driving them there.
“This is a tremendous victory for children at open air detention sites, but it remains a tragedy that a court had to direct the government to do what basic human decency and the law clearly require," Neha Desai, senior director of immigration at the National Center for Youth Law, said in a statement.
Gee said there was “significant evidence” that Customs and Border Protection, of which Border Patrol is a part, has physical control over minors at the outdoor locations. For example, CBP vehicles occasionally transport or drop off migrants to the camps and for a time, gave out wristbands to organize migrants by when they had arrived.
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