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.

The Border Patrol does not dispute the conditions at the camps, where migrants wait under open skies or sometimes in tents or structures made of tree branches while short on food and water. The migrants, who crossed the border illegally, are waiting there for Border Patrol agents to arrest and process them. The question is whether they are in legal custody.

That would start a 72-hour limit on how long children can be held and require emergency medical services and guarantees of physical safety, among other things.

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.

“As long as they do not proceed further into the United States,” answered Justice Department attorney Fizza Batool.

  • bostonbananarama@lemmy.world
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    9 months ago

    The question is whether they are in legal custody.

    Are they unequivocally, without limitation or restriction, free to leave and go elsewhere? If not, they are in custody.

    • quindraco@lemm.ee
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      9 months ago

      That’s not true. If it were, you would always count as “in custody” because there are places you can’t legally go, like into my home without my consent, or into a federal prison without permission, or…

      • bostonbananarama@lemmy.world
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        9 months ago

        I didn’t say go anywhere. I said, “Leave and go elsewhere”. The idea is simple. Are there restrictions on their ability to move, to leave?

  • DominusOfMegadeus@sh.itjust.works
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    9 months ago

    For me personally, if I came across a child in need with no one to care for it, I would absolutely immediately care for it, because that’s what non-psychopathic humans do.

    • APassenger@lemmy.world
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      9 months ago

      When have we, US-ian’s, not been psychopaths? As a group, that is.

      From what I’ve seen, we’re very good at our own (narrow) self-interest.

  • Viking_Hippie@lemmy.world
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    9 months ago

    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.

    The Border Patrol does not dispute the conditions at the camps, where migrants wait under open skies or sometimes in tents or structures made of tree branches while short on food and water. The migrants, who crossed the border illegally, are waiting there for Border Patrol agents to arrest and process them. The question is whether they are in legal custody.

    Didn’t the fucker campaign on opposition to the concentration camps on the border?? And then they’re just carrying on and defending it as if it was the new normal rather than several clear violations of human rights! 🤬

  • SeaJ@lemm.ee
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    9 months ago

    I thought that was just a moral requirement to simply be a decent human being.

  • quindraco@lemm.ee
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    9 months ago

    What are you talking about? All I said is that I can’t enter my neighbor’s home. I didn’t say word one about preventing someone from leaving my home.

  • quindraco@lemm.ee
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    9 months ago

    There are restrictions on everyone’s ability to leave. I currently can’t go 30 feet south, because I would trespass in my neighbor’s home. These people can’t leave north.

    • PissChrist@lemm.ee
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      9 months ago

      Great point. Its basically the same thing. Being a child locked in a cage in a foreign country while losing your parents and not being able to trespass your neighbors. Same/same. Youre also now restricted from showing up in my lemmy feed due to the block feature, further proving your point.

      • hitmyspot@aussie.zone
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        9 months ago

        Lol, that is the funniest,cleveredt block I’ve ever read, that didn’t devolve into rudeness. Kudos.

    • RainfallSonata@lemmy.world
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      9 months ago

      THE GOVERNMENT isn’t restricting your right to go 30 feet south, YOUR NEIGHBOR IS. And I can’t imagine why.