Court Orders Immediate Processing of Children Held in Makeshift Camps Along US-Mexico Border

A federal judge has ruled that children waiting in makeshift migrant camps along the US-Mexico border are under the custody of the US Border Patrol and must be treated according to long-established standards. The ruling stems from the 1997 court settlement that outlines the treatment of migrant children in government custody, which includes specific requirements for their safety and care.

The question of when children officially enter Border Patrol custody has become a contentious issue, particularly due to the conditions of the camps. The judge’s decision clarifies that children waiting in these camps, often for long periods, are considered to be in the custody of the Department of Homeland Security (DHS), and thus subject to treatment standards set in the settlement. These standards mandate provisions such as access to toilets, sinks, temperature controls, and time limits on how long children can be detained.

This ruling places additional pressure on the DHS to expedite the processing of these children and ensure their transfer to appropriate facilities that are “safe and sanitary.”

The situation in the camps has sparked significant debate, with immigrant advocates arguing that the US government holds responsibility for the children, even if they have not yet been formally arrested. The government, on the other hand, has contended that smugglers are responsible for directing migrants to the camps, and that children are not technically in Border Patrol custody until they are formally processed. Despite this, the judge’s ruling affirms that the Border Patrol is ultimately responsible for the children’s well-being while they await processing.

This case has intensified the ongoing debate over the treatment of migrants and the US government’s handling of the unprecedented number of asylum seekers at the southern border.