Several human rights groups filed a motion to enforce the terms of a 1993 court settlement regarding the treatment of migrant children in federal custody.
They assert the Biden administration has violated the settlement by detaining children in outdoor camps in California for extended periods without adequate facilities, food, shelter or medical care.
The groups are asking a judge to order the DHS to cease such detentions and document any instances where children are held outdoors for over two hours.
Neha Desai, senior director of immigration at The National Center for Youth Law said, “For at least a year now, children have been held in these egregious conditions for varying lengths of time; there is no reason to believe the situation will resolve on its own.”
“Without lifesaving support that volunteers provide, who knows how many children’s lives would be lost? But it is the responsibility of the government, not humanitarian volunteers, to ensure that these children’s most basic needs are met,” said Desai.
Border Patrol is detaining large numbers of migrants in open-air sites due to overwhelmed capacity induced by record surges under the Biden administration.
A Customs and Border Protection source said, “This is the new norm under this administration.”
“We were never funded or equipped to handle more than two million migrants crossing each year,” the source continued.
The source said, “When the spikes occur, they are concentrated in just a few areas along the southern border.”
“When you are out of buses or detention space, you’re done,” said the source.
NGOs argue this violates the children’s rights established in the Flores settlement.
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