Judge rules DHS must deliver better treatment to illegal immigrants awaiting arrest – Washington Times
A federal judge has ruled that illegal immigrants stuck in makeshift outdoor detention sites in Southern California are technically in the governments custody and agents must now follow strict rules for delivering care to the children among them.
U.S. District Judge Dolly Gees ruling deals with a particularly tricky situation where large groups of migrants have been crossing the border illegally and demanding to be arrested by Border Patrol agents, expecting to be caught and then quickly released.
But agents are so overwhelmed they say they cant process the migrants fast enough and often leave them to camp out on the U.S. side of the border for days, enduring the cold, lack of food, and the threat from snakes and scorpions as they wait to be arrested.
U.S. Customs and Border Protection agents said the migrants can walk away, disappearing into the country without even being processed, and thus are not actually in custody. Judge Gee disagreed, saying that since CPB agents exert a lot of control over the staging area, the agency has custody of those in it.
Although it may be true that CBP did not initially intend for these locations to become [open-air detention sites] collectively holding thousands of migrants, it is nonetheless true that the situation has evolved such that the minors held there are in the legal custody of CBP, she wrote in the April 3 decision.
She said the government is required to provide better bathroom facilities and supplies of water, offer meals every six hours, at least some of them hot, and work faster to process the children and get them into more stable situations.
Its not yet clear how the Border Patrol will adjust to the order.
U.S. Customs and Border Protection is reviewing the courts order. CBP will continue to transport vulnerable individuals and children encountered on the border to its facilities as quickly as possible, the agency told The Washington Times.
The ruling is the latest in a yearslong odyssey surrounding the treatment of illegal immigrant children. The Flores settlement, a 1990s-era agreement revised about a decade ago, governs much of that treatment, and by extension much of U.S. immigration policy.
Under Flores, illegal immigrant children must be quickly released from the Department of Homeland Securitys custody. For most unaccompanied children, that means being turned over to government-run shelters to await placement with sponsors.
For children who come with parents, it means the government must either find a way to deport them quickly or release them, virtually guaranteeing they will slip unmonitored into the U.S.
Complying with Flores requirements has become a major burden as illegal immigration has surged under President Biden.
The government set up tent cities to handle all of the children it was facing in 2021, and wrote new rules cutting corners to speed up placement of children with sponsors.
More recently, as migrants surged into Southern California, CBP officials could not deal with the numbers they have been seeing, leaving people at the staging sites until agents can get to them.
CBP blames smuggling cartels, saying theyre orchestrating the mass incursions and telling migrants to hole up and wait for agents.
Agents said they do try to keep an eye on the crowds, offering some snacks and water. They also separate single men from the families and children to try to prevent dangerous situations, and they do some crowd control and maintain a perimeter.
But the Border Patrol said the migrants it is dealing with are not actually under arrest.
Single adult men, like other populations, are free to leave areas where large groups congregate at any point prior to arrest, Brent L. Schwerdtfeger, the chief of law enforcement operations for the Border Patrols San Diego sector, told Judge Gee.
The judge ruled that the migrants are in custody nevertheless.
Immigrant rights advocates say migrants are being denied adequate medical care, suffer hypothermia from cold nights without any shelter, and have to sleep in the dirt, where they face scorpions and snakes.
Read the original:
Judge rules DHS must deliver better treatment to illegal immigrants awaiting arrest - Washington Times
- The Washington Post Needs to Get its Facts Straight Regarding Illegal Aliens and Social Security - Federation for American Immigration Reform - April 3rd, 2025 [April 3rd, 2025]
- 960 Illegal Aliens Charged with Immigration-Related Crimes During the Fourth Week in March - Texas Border Business - April 3rd, 2025 [April 3rd, 2025]
- Mayor Donna Deegan and others speak at press conference concerning Jacksonville Illegal Immigration Act - The Florida Times-Union - April 3rd, 2025 [April 3rd, 2025]
- 960 Illegal Aliens Charged With Immigration-Related Crimes In A Week - RTTNews - April 3rd, 2025 [April 3rd, 2025]
- Erdogans Turkey is Weaponizing Illegal Immigration Europe Must Wake Up - The Times of Israel - April 3rd, 2025 [April 3rd, 2025]
- U.S. Cracks Down on Illegal Immigration: Follow the Law and You Will Find Opportunity - US Embassy in Montenegro - USEmbassy.gov - March 30th, 2025 [March 30th, 2025]
- Deegan says she is reviewing illegal immigration bill before signing it. But councilman says shes making excuses - WJXT News4JAX - March 30th, 2025 [March 30th, 2025]
- Labour has changed precisely nothing on illegal immigration - The Telegraph - March 30th, 2025 [March 30th, 2025]
- Cleveland attorney says green card application pause 'has nothing to do with illegal immigration' - ideastream - March 30th, 2025 [March 30th, 2025]
- Sanders recognizes Trumps efforts on border, fentanyl: Nobody thinks illegal immigration is appropriate - The Hill - March 26th, 2025 [March 26th, 2025]
- Federal authorities charge over 800 illegal aliens with immigration crimes in just 1 week - Fox News - March 26th, 2025 [March 26th, 2025]
- US Embassy in Morocco Warns Against Illegal Immigration Amid Tightened Visa Policies - Morocco World News - March 26th, 2025 [March 26th, 2025]
- Navy deploys additional warship to curb illegal immigration, drug smuggling at the southern border - Fox News - March 26th, 2025 [March 26th, 2025]
- Trump Administration Plans Military Buffer Zone Along the Southern Border to Deter Illegal Immigration - Federation for American Immigration Reform - March 26th, 2025 [March 26th, 2025]
- Praise to Trump for Cracking Down on Illegal Immigration - American Family Association - March 26th, 2025 [March 26th, 2025]
- Dominican Immigration Authorities and Transport Sector unite against illegal immigration - Dominican Today - March 26th, 2025 [March 26th, 2025]
- How state lawmakers are trying to crack down on illegal immigration - The Texas Tribune - March 13th, 2025 [March 13th, 2025]
- Exclusive | Trump border czar Tom Homan heads to Albany to call out NY Dems over pro-illegal immigration policies - New York Post - March 13th, 2025 [March 13th, 2025]
- Exclusive | Trump border czar Tom Homan heads to Albany to call out NY Dems over pro-illegal immigration policies - New York Post - March 13th, 2025 [March 13th, 2025]
- ICE San Diego arrests violent criminal illegal alien convicted of attempted murder after reentering the US over 7 times - U.S. Immigration and Customs... - March 13th, 2025 [March 13th, 2025]
- ICE San Diego arrests violent criminal illegal alien convicted of attempted murder after reentering the US over 7 times - U.S. Immigration and Customs... - March 13th, 2025 [March 13th, 2025]
- 4 illegal aliens charged with firearms offenses as a result of an ICE Las Cruces and ATF investigation - U.S. Immigration and Customs Enforcement... - March 13th, 2025 [March 13th, 2025]
- ICE apprehends illegal alien with ties to Nicaraguan massacre and Mexican drug cartel - U.S. Immigration and Customs Enforcement Newsroom - March 13th, 2025 [March 13th, 2025]
- Idaho Senate moves ahead with criminalizing illegal immigration - Boise State Public Radio - March 13th, 2025 [March 13th, 2025]
- Idaho Senate moves ahead with criminalizing illegal immigration - Boise State Public Radio - March 13th, 2025 [March 13th, 2025]
- Illegal immigration crackdown: Detention facilities are now full - Seeking Alpha - March 13th, 2025 [March 13th, 2025]
- Illegal immigration crackdown: Detention facilities are now full - Seeking Alpha - March 13th, 2025 [March 13th, 2025]
- Mass Illegal Immigration Leads to Tragedies Like the Williams Kids - Sacramento Observer - March 13th, 2025 [March 13th, 2025]
- Mass Illegal Immigration Leads to Tragedies Like the Williams Kids - Sacramento Observer - March 13th, 2025 [March 13th, 2025]
- Kerala's Ernakulam offers classes on safe migration, how to spot fake agencies, amid rise in illegal immigration: Report - Deccan Herald - March 13th, 2025 [March 13th, 2025]
- WATCH: Brevard County Sheriff Wayne Ivey Talks About Illegal Immigration Initiative to Assist Federal Agencies - SpaceCoastDaily.com - March 11th, 2025 [March 11th, 2025]
- How Many Illegal Aliens Are in the United States? 2025 Update - Federation for American Immigration Reform - March 11th, 2025 [March 11th, 2025]
- JD Vance touts Trump administration's crackdown on illegal immigration in Texas - CBS News - March 11th, 2025 [March 11th, 2025]
- ICE forced to release some illegal migrants who could pose danger to Americans: immigration attorney - Fox News - March 11th, 2025 [March 11th, 2025]
- More needed to stop illegal immigration - The Pantagraph - March 11th, 2025 [March 11th, 2025]
- Vance: Increases In Housing Linked To Increases In Illegal Immigration - The Daily Wire - March 11th, 2025 [March 11th, 2025]
- DeSantis, Trump administration partner on cracking down on illegal immigration in Florida - Miami Herald - March 1st, 2025 [March 1st, 2025]
- Six-time deported gang member wanted for murder busted in Texas illegal immigration sting - Fox News - March 1st, 2025 [March 1st, 2025]
- Fact-checking the Trump White Houses claims about illegal immigration dropping sharply - PBS NewsHour - March 1st, 2025 [March 1st, 2025]
- ICE, BP and law enforcement partners intercept human smuggling load that results in the arrest of 8 illegal aliens - U.S. Immigration and Customs... - March 1st, 2025 [March 1st, 2025]
- ICE arrests another illegal alien outside Northampton County Prison, following countys release and failure to honor immigration detainer - U.S.... - March 1st, 2025 [March 1st, 2025]
- ICE Boston arrests illegal Brazilian alien charged with raping Massachusetts resident - U.S. Immigration and Customs Enforcement Newsroom - March 1st, 2025 [March 1st, 2025]
- 40 Chinese nationals repatriated from Thailand in joint crackdown on illegal immigration - Xinhua - March 1st, 2025 [March 1st, 2025]
- All 67 of Floridas county sheriffs agree to work with ICE to crack down on illegal immigration - Florida Politics - March 1st, 2025 [March 1st, 2025]
- Kansas AG Kris Kobach says KBI agents will work with ICE on illegal immigration - The Topeka Capital-Journal - February 18th, 2025 [February 18th, 2025]
- ICE Boston arrests illegal Guatemalan national charged with forcibly raping Massachusetts minor - U.S. Immigration and Customs Enforcement Newsroom - February 18th, 2025 [February 18th, 2025]
- Texas and Trump boost cooperation to prevent illegal immigration at the U.S. - Mexico border - CBS News - February 14th, 2025 [February 14th, 2025]
- ICE Washington, D.C. and FBI Washington, D.C. arrest 7 illegal aliens in Northern Virginia operation - U.S. Immigration and Customs Enforcement... - February 14th, 2025 [February 14th, 2025]
- ICE Seattle captures illegal aliens with histories of unlawful entries into the US - U.S. Immigration and Customs Enforcement Newsroom - February 14th, 2025 [February 14th, 2025]
- India, US commit to tackling illegal immigration, human trafficking: Foreign Secretary Vikram Misri - The Tribune India - February 14th, 2025 [February 14th, 2025]
- Trump admin ends deportation protections for massive number of Venezuelans amid illegal immigration crackdown - Fox News - February 3rd, 2025 [February 3rd, 2025]
- Explained: India-US ties and the illegal immigration issue - The Indian Express - February 3rd, 2025 [February 3rd, 2025]
- Armstrong Williams | Will the government follow Trump's lead on illegal immigration? | Columns | tribdem.com - TribDem.com - February 3rd, 2025 [February 3rd, 2025]
- ICE arrests top 5,500 in first week of Trump's crackdown on illegal immigration - ABC NEWS 4 - February 3rd, 2025 [February 3rd, 2025]
- Cracking Down on Illegal Immigration Would Raise Wages for Lower-Income Americans - Heritage.org - February 1st, 2025 [February 1st, 2025]
- 'Newsom-proof California': Lawmaker proposes bill to strengthen fight against illegal immigration, trafficking - AOL - February 1st, 2025 [February 1st, 2025]
- Four Bangladeshi women arrested in Thane for illegal immigration - The Times of India - February 1st, 2025 [February 1st, 2025]
- Northwest Florida schools brace for possible ICE raids amid illegal immigration crackdown - WEAR - January 30th, 2025 [January 30th, 2025]
- Ending Illegal Immigration in the United States - Department of State - January 30th, 2025 [January 30th, 2025]
- Woolley Addresses Illegal Immigration with Bills to Protect Oklahoma Jobs, Track School Funds - Oklahoma House of Representatives - January 30th, 2025 [January 30th, 2025]
- Illegal Immigration and Fentanyl at the U.S. Northern and Southwest Borders - FactCheck.org - January 30th, 2025 [January 30th, 2025]
- Undocumented migrants in New York arrested in Trump crackdown on illegal immigration - NBC News - January 30th, 2025 [January 30th, 2025]
- Modi and Trump call: US president says India 'will do what's right' on illegal immigration - BBC.com - January 30th, 2025 [January 30th, 2025]
- NGOs 'outrageously' profit from illegal immigration, former DHS advisor says - Fox News - January 30th, 2025 [January 30th, 2025]
- DHS announces launch of new office for victims of illegal immigrant crime - U.S. Immigration and Customs Enforcement Newsroom - January 30th, 2025 [January 30th, 2025]
- MO Senate Hears Discussions Related To Illegal Immigration This Week - krmsradio.com - January 30th, 2025 [January 30th, 2025]
- Planes carrying expelled migrants arrive in Latin America as US cracks down on illegal immigration - FRANCE 24 English - January 26th, 2025 [January 26th, 2025]
- The Texas-Mexico border already seeing big changes to illegal immigration after Trump's executive or - CBS News - January 26th, 2025 [January 26th, 2025]
- Analysis of Trump Day 1 Executive Orders: Unconstitutional, Illegal, and Cruel - National Immigration Law Center - January 26th, 2025 [January 26th, 2025]
- 'Not my job': Sheriff vows Las Vegas Police will not assist with Trump's illegal immigration 'roundups' - Fox News - January 26th, 2025 [January 26th, 2025]
- Indiana attorney general files lawsuit against sheriff for defying feds on illegal immigration - Fox News - January 26th, 2025 [January 26th, 2025]
- The Texas-Mexico border already seeing big changes to illegal immigration after Trump's executive orders - MSN - January 26th, 2025 [January 26th, 2025]
- Bounty hunters: Proposed bill aims to curb illegal immigration with $1K rewards - Fox Baltimore - January 26th, 2025 [January 26th, 2025]
- Sen Ernst renews push for bill ending illegal immigration loophole as Congress takes action - Fox News - January 13th, 2025 [January 13th, 2025]
- DeSantis Announces January Special Session to Aid Trump With Illegal Immigration - The Floridian - January 13th, 2025 [January 13th, 2025]
- Congress Takes First Step to Crack Down on Illegal Immigration - Concerned Women for America - January 13th, 2025 [January 13th, 2025]
- Red state AGs welcome Trump crackdown on illegal immigration after four years battling Biden - Fox News - January 13th, 2025 [January 13th, 2025]
- What Trump Can Achieve on Illegal Immigration, and How - National Review - January 13th, 2025 [January 13th, 2025]
- Did Trumps win force Democrats to change course on illegal immigration? - Washington Examiner - January 13th, 2025 [January 13th, 2025]
- Wyoming Sheriffs Team Up With ICE To Fight Illegal Immigration - Cowboy State Daily - January 13th, 2025 [January 13th, 2025]