The Border Patrol does not dispute the conditions at the camps, the question is whether the children are in legal custody
Medical volunteer Karen Parker, left, touches a 2-year-old child with a fever as she talks to a family of asylum-seeking migrants as they wait to be processed in a makeshift, mountainous campsite after crossing the border with Mexico, Feb. 2 near Jacumba Hot Springs, Calif.A federal judge on Friday sharply questioned the Biden administration’s position that it bears no responsibility for housing and feeding migrant children while they wait in makeshift camps along the U.S.-Mexico border.
U.S. District Judge Dolly Gee said evidence presented by migrant advocacy groups appeared to support the definition of legal custody. “Are they free to leave?” she asked. Advocates are seeking to enforce a 1997 court-supervised settlement on custody conditions for migrant children, which includes the time limit and services including toilets, sinks and temperature controls. Gee did not rule after a half-hour hearing in Los Angeles.
Advocates say the Border Patrol often directs migrants to the camps, sometimes even driving them there. Agents are often seen nearby keeping a loose watch until buses and vans arrive. On Friday, 33 migrants, including two small children, waited between border walls in San Diego until agents came to ask they empty their pockets, remove shoelaces and submit to weapons searches before being taken in vans to a holding station. They were primarily from China and India, with others from Afghanistan, Azerbaijan and Georgia. Agents spoke to them in English.
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