A federal judge in California ruled Wednesday, April 3, that Border Patrol officers near San Diego have illegally detained hundreds of immigrant youths in “open-air detention sites” without adequate food, water or shelter. The judge mandated their rapid transfer to “safe and sanitary” facilities, and the Department of Homeland Security is now facing a lawsuit.
The Southern Border Communities Coalition and its partners filed a lawsuit against the DHS’s Office for Civil Rights and Civil Liberties, claiming migrants endure “dire conditions” prior to processing at Border Patrol stations.
Judge Dolly Gee of the U.S. District Court for the Central District of California found that U.S. Customs and Border Protection (CBP) has legal custody of minors at these sites and is responsible for their health and welfare.
The case spotlights seven locations near San Diego and Jacumba Hot Springs in southern California. The ruling highlighted waste disposal and sanitation issues described as “overflowing” and “unusable.”
“This means that the [open-air detention sites] not only have a foul smell, but also that trash is strewn about the [sites], and class members are forced to relieve themselves outdoors,” Gee said.
The court’s ruling requires CBP to cease holding minors at or directing them to open-air sites longer than needed for transport preparation to more suitable facilities.
CBP is reviewing the judge’s order and emphasized its commitment to swiftly moving vulnerable individuals and children to its facilities. However, officials have noted that their stations’ limited capacity hampers their ability to process all migrants at once, resulting in delays for some asylum-seekers.
The CBP’s juvenile coordinator must report in May on the number of minors detained in these conditions and the agency’s adherence to the court’s mandate.
