Harsh Conditions Facing Migrant Children in Border Camps Revealed in Court Filings

The young girl from Colombia sought refuge from the biting wind and cold by hiding in a porta potty at a makeshift camp along the southern border earlier this month, where she and her parents were waiting. Border Patrol agents had directed them to the temporary camp to await making their asylum claims but did not offer any assistance or shelter beyond the unsanitary latrine, as per sworn declarations filed in federal court and accounts from volunteers present.

The girl started convulsing as temperatures dropped. Her father, unable to speak English, wrapped her in a blanket found in the mud and called 911, but faced a language barrier with the operator. An ambulance eventually arrived and took the pale and listless girl to the hospital with her mother. The father was warned by agents that he risked losing his chance at asylum if he left the camp with his family.

A court filing on Thursday shed light on the poor living conditions at open-air camps near the U.S.-Mexico border in California. Migrants have been directed to these camps by federal immigration officials, but they have not been provided with adequate food, water, shelter, and medical services, according to children's rights lawyers.

A 15-year-old Guatemalan migrant sustained a head wound when she fell while crossing the border into California. A humanitarian aid worker, along with other volunteers, cleaned the wound to provide assistance.

An ambulance arrived at a site along the California border with Mexico known as Whiskey 8 to assist a 27-year old man from Mauritania who fell from the border wall, according to a humanitarian aid worker.

Attorneys are now seeking a court ruling that mandates the federal government to promptly transfer these children to secure and hygienic facilities. This request coincided with President Joe Biden's visit to the border, where he engaged with Border Patrol agents, law enforcement, and local officials while criticizing Republicans for abandoning a Senate border agreement. A favorable outcome in this case could establish a legal precedent applicable to states other than California.

Neha Desai, senior director of Immigration at the National Center for Youth Law, expressed concern over the prolonged detention of children in poor conditions. She emphasized that the situation shows no signs of improvement despite the passage of time. Desai witnessed numerous children and families during her recent visits to various detention sites.

CBP did not provide a response to the request for comment at the time of inquiry.

Thousands of asylum seekers have arrived at makeshift camps in remote areas of the California desert since last spring, hailing from countries such as Mexico, Venezuela, China, and India. To seek asylum, these migrants must first present themselves to Border Patrol agents for transportation to immigration processing. Following this, they may be released into border communities or detained by federal authorities while they await the opportunity to prove their credible fear of persecution if sent back to their homeland. Unfortunately, a significant number of asylum seekers ultimately face deportation.

Immigrants wait next to razor wire after crossing the Rio Grande into El Paso, Texas on February 1, from Ciudad Juarez, Mexico.

An ambulance was dispatched to Whiskey 8, a site along the California border with Mexico, to aid a 27-year-old man from Mauritania who had fallen from the border wall. This information was provided by a humanitarian aid worker.

Courtesy Adriana Jasso/AFSC

The largest backlog in asylum cases in US History coincides with the influx of migrants waiting to start this process. According to data from Syracuse University’s Transactional Records Access Clearinghouse, more than 3.3 million immigration court cases remain in the cue, leaving many to wait years for their day in court.

While aid workers have noticed a decrease in the number of migrants at the camps in recent months due to increased enforcement by authorities on the Mexican side of the border, they still report that dozens of children are arriving at these sites without food, water, or shelter.

In the San Diego area, migrants are reportedly dropping from a 30-foot wall with sharp-edged metal bars, often getting trapped between primary and secondary border walls. Some are unable to escape from this dangerous situation. Aid workers mentioned that volunteers have set up tents made from tarps to provide some protection from extreme weather conditions, but these makeshift shelters are frequently destroyed by strong winds. The areas are also heavily polluted with trash and smoke from fires lit by migrants for warmth. In addition, rainstorms cause the camps to fill with mud, making it difficult for migrants to stay dry.

Immigrants wait next to razor wire after crossing the Rio Grande into El Paso, Texas on February 1, from Ciudad Juarez, Mexico.

John Moore/Getty Images

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Months ago, a watchdog within the federal government itself expressed concerns about conditions in California. The Department of Homeland Security’s Office for Civil Rights and Civil Liberties, in response to a civil rights complaint, highlighted these concerns to CBP and recommended having humanitarian assistance plans in place to prevent such conditions from happening again.

The attorneys involved in the legal action argue that Border Patrol's actions indicate that the agency has taken control over the migrants. Court filings mention that agents have been actively patrolling the camps, monitoring them with surveillance cameras, transporting migrants to the tents, placing wrist bands on them, conducting body searches, directing them where to stand, and threatening them with the loss of asylum if they try to leave.

The attorneys point out that the agency seems to have the discretion to process individuals at different speeds, with some sites being cleared of migrants before visits from higher-level Homeland Security officials. Additionally, volunteers reported that migrants were recently cleared from at least one camp ahead of Thursday's court action, with bulldozers seen dismantling makeshift shelters in a video reviewed by CNN.

The new legal challenge includes declarations from aid workers, attorneys, a doctor, a child, and two fathers who were present at the camps this month. They claim that children have gone without food for days and that their cries can be heard throughout the camp at night.

Aid worker Adriana Jasso recounted treating a Colombian woman's injured knee through the fence, as some migrants become stuck between the primary and secondary border walls. Jasso mentioned that the woman informed her of being four months pregnant.

One aid worker shared a heartbreaking account of a mother who fell from the border wall with her one-year-old daughter strapped to her back. Despite the fall, the woman refused medical attention for herself and her child at a hospital because a Border Patrol agent warned her that it could jeopardize their chances of immigration.

The declarations also highlighted the challenging situations aid workers faced in providing emergency medical care for children in critical condition. These included an 8-year-old boy who experienced seizures after his medication was confiscated by Mexican authorities, an infant who was lethargic and vomiting, and other children showing signs of hypothermia.

Some have alleged that Border Patrol agents witnessed children suffering but failed to take significant action. According to an attorney, agents reportedly observed parents holding a baby over a fire in an attempt to keep the child warm. In the absence of government intervention, volunteers and aid workers have taken it upon themselves to provide food, shelter, and even call 911 during medical emergencies. Approximately a dozen volunteers and advocates have described the situation as both inhumane and unsustainable in sworn declarations and conversations with CNN.

"In the absence of the life-saving assistance offered by volunteers for months, the number of children's lives lost could have been much higher," stated Desai. She emphasized that it is the responsibility of the government, not humanitarian volunteers, to ensure that the most basic needs of these children are being met.

Theresa Cheng, a California doctor and civil rights lawyer who has volunteered at camps, was alarmed by what she witnessed, calling it “apocalyptic” in her declaration. She said she saw children as young as 5 years old waiting days for immigration processing. At some of the camps, she said, she had to step in and provide medical attention to migrants of all ages.

She saw a young woman suffering from a stroke, a pregnant woman about to give birth, tiny newborns in need of more formula, and elderly people crossing the border using walkers.

“This population,” she told CNN, “is a lot more vulnerable than what people expect it to be.”

What should we investigate? Email us at blake.ellis@cnn.com and melanie.hicken@cnn.com.

Editor's P/S:

The article paints a harrowing picture of the inhumane conditions asylum seekers, particularly children, face in makeshift camps along the southern border. The denial of basic necessities such as food, water, shelter, and medical care is a violation of their fundamental human rights. The fact that Border Patrol agents actively prevent migrants from leaving the camps, threatening them with the loss of asylum, is a cruel and unlawful practice. It is appalling that the US government, which purports to uphold the rule of law, would allow such deplorable conditions to exist.

The tireless efforts of volunteers and aid workers to provide life-saving assistance to these vulnerable individuals are a testament to the compassion and humanity that is lacking in the government's response. The government has a moral and legal obligation to ensure the well-being of asylum seekers and to process their claims fairly and expeditiously. The current situation is a disgrace and demands immediate action to address the suffering and protect the rights of those fleeing persecution and seeking refuge.