A federal judge ruled that migrant children waiting in makeshift camps along the U.S.-Mexico border for Customs and Border Protection officers to process them are in the agency's custody and must be treated according to a court-supervised agreement that sets standards for their treatment. The 1997 court settlement outlines guidelines for the treatment of migrant children in U.S. government custody, including time limits on detention and access to basic necessities such as toilets, sinks, and temperature controls. The ruling means that the Department of Homeland Security must quickly process the children and place them in facilities that are "safe and sanitary."

Advocates argue that the U.S. government has a responsibility for the children and that CBP often directs migrants to the camps, sometimes even driving them there. Children traveling alone must be turned over to the U.S. Health and Human Services Department within 72 hours. The ruling is seen as a victory for children in open-air detention sites, but advocates emphasize that the government should have been providing for their basic needs all along.

The decision by District Judge Dolly Gee could have far-reaching implications as the demographics of those attempting to enter the U.S. have shifted to include more families and children. The ruling requires the federal government to house migrant children in proper facilities rather than leaving them in unsafe open-air sites along the border. The ruling is expected to impact thousands of children and may require CBP to allocate additional resources to keep up with the flow of migrants.

The ruling comes amid a heated debate over the rights of migrants, particularly children, who enter the U.S. without permission. The conditions at the makeshift camps have raised public health concerns, as migrants often lack access to shelter, food, and sanitation. Medical volunteers at the sites report that unaccompanied children and young families arrive in poor health, with traumatic injuries or chronic conditions that require medical attention. The ruling applies to camps in California, but the language is not limited to the state, so similar camps in other border states would likely fall under the same guidelines.