SAN DIEGO (Border Report) — A federal judge in San Diego ruled Wednesday that children held in open-air detention sites are considered to be under U.S. Customs and Border Protection custody and should not be made to wait outdoors.
The Southern Border Communities Coalition and its partners went to court against the Department of Homeland Security’s Office of Civil Rights and Civil Liberties arguing migrants are being kept in “dire conditions” while waiting to be taken to Border Patrol stations for processing.
Since last year, asylum-seekers have waited for prolonged periods along border barriers in San Ysidro, Calif., and the Jacumba desert 65 miles east of San Diego.
Border Patrol officials have said in the past that they do not have enough capacity at their stations to process all the migrants at one time and that’s why some asylum-seekers have to wait until space opens up.
But during this time, according to SBCC, migrants are being denied the ability to leave, and they are not provided adequate access to essential resources such as water, food, sanitation, medical care, and protection from the harsh elements.
The new ruling mandates CBP comply with its in-custody standards for children in their detention immediately.
A court update is expected May 10.
“The court’s decision to recognize CBP’s custody of children in Open Air Detention Sites is a crucial step towards ensuring accountability and protection for vulnerable migrants,” said Lilian Serrano, director of the SBCC. “There are minimum standards that must be followed if CBP will be detaining families, children, and other people. We are pleased to see the federal court acknowledge this fundamental truth. Now we expect the agency to comply with the court’s order immediately.”
CBP says it is reviewing the court’s ruling.
“CBP will continue to transport vulnerable individuals and children encountered on the border to its facilities as quickly as possible.” said a CBP spokesperson.
Read: Read More