The decision established that minors at open-air sites were in #legal custody of the DHS & thus must receive #safe#shelter, even if they had not yet been formally processed.
The ruling comes amid a fierce #political & #cultural debate over the rights of #immigrants — including #children — who enter the #UnitedStates w/o permission. Because of an influx in crossings at the US-Mexico border, #immigration processing centers in southern #SanDiego County are strained, & migrants [people] have waited for hours or sometimes days at makeshift camps to be taken into custody.
The outdoor areas where migrants have been waiting lack #shelter, #food & #sanitation, which has given way to an array of #PublicHealth concerns for the most vulnerable. Unaccompanied #children & young #families sometimes arrive in poor #health, acc/to #aid workers & #medical volunteers at the sites, suffering from #traumatic injuries or chronic health conditions that require #medications that have long since run out.
During the hot desert days, #dehydration & heat stroke have become common, acc/to #aid groups, & nighttime temps, wind & rain are creating conditions ripe for #hypothermia. #Doctors are particularly concerned about those elements for #children, since many have lower body fat than adults & may be #malnourished from their journeys.
The govt had argued that the #children were not yet in #US#custody so it had no obligation to provide services [what now?] #law#immigration#humanitarian#HumanRights
“The ability to exercise discretion over, & make decisions affecting, a child’s #health & #welfare is indicative of maintaining #legal custody of the child, regardless of whether that decision is to provide or withhold care,” the 12-pg order read. “Juveniles, unlike adults, are always in some form of #custody.”
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