Judge Orders Timely #Housing for #Migrant #Children Waiting at Southern #UnitedStates #Border

The decision established that minors at open-air sites were in #legal custody of the DHS & thus must receive #safe #shelter, even if they had not yet been formally processed.

#law #immigration #Humanitarian #HumanRights #Security
https://www.nytimes.com/2024/04/04/health/migrant-children-border-housing.html?smid=nytcore-ios-share&referringSource=articleShare&sgrp=c-cb

Judge Orders Timely Housing for Migrant Children Waiting at Border

The decision established that minors at open-air sites were in legal custody of the Department of Homeland Security and thus must receive safe shelter, even if they had not yet been formally processed.

The New York Times
The #US is required to “expeditiously” #house #children who cross into the #US unlawfully, rather than allow them to remain in #unsafe open-air sites along the #border, judge ruled Wed night.
Judge Dolly M.Gee of the USDistCourtOfCent #California, sided mostly w/the attys representing children in a #ClassAction #lawsuit. It establishes that minors at the sites are in #legal custody of the #DHS &entitled to certain #rights & #protections, such as a #safe & #sanitary environment.
#law #immigration

The ruling comes amid a fierce #political & #cultural debate over the rights of #immigrants — including #children — who enter the #UnitedStates w/o permission. Because of an influx in crossings at the US-Mexico border, #immigration processing centers in southern #SanDiego County are strained, & *migrants* [people] have waited for hours or sometimes days at makeshift camps to be taken into custody.

#law #immigration #humanitarian #HumanRights #CivilRights

The outdoor areas where migrants have been waiting lack #shelter, #food & #sanitation, which has given way to an array of #PublicHealth concerns for the most vulnerable. Unaccompanied #children & young #families sometimes arrive in poor #health, acc/to #aid workers & #medical volunteers at the sites, suffering from #traumatic injuries or chronic health conditions that require #medications that have long since run out.

#UnitedStates #law #immigration #humanitarian #HumanRights #CivilRights

During the hot desert days, #dehydration & heat stroke have become common, acc/to #aid groups, & nighttime temps, wind & rain are creating conditions ripe for #hypothermia. #Doctors are particularly concerned about those elements for #children, since many have lower body fat than adults & may be #malnourished from their journeys.
The govt had argued that the #children were not yet in #US #custody so it had no obligation to provide services [what now?]
#law #immigration #humanitarian #HumanRights

The judge cited #BorderPatrol #control over minors’ ability to leave sites —& their #power to affect whether the #children have #access to #aid & #medical treatment….

“The ability to exercise discretion over, & make decisions affecting, a child’s #health & #welfare is indicative of maintaining #legal custody of the child, regardless of whether that decision is to provide or withhold care,” the 12-pg order read. “Juveniles, unlike adults, are always in some form of #custody.”

#law #immigration

…[The #children’s lawyers] argued [those] who were not yet formally processed deserve the same safe & sanitary housing as those in ofcl #custody, since they are forbidden from moving from the camps & have no way of going back over the #border.
#DOJ argued that bc the children had not yet been formally taken into custody by #USCBP, they were not obligated to provide such service.
#law #immigration
https://youthlaw.org/sites/default/files/2024-04/ORDER%20-%20Motion%20to%20Enforce%20%28OADS%29.pdf