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Are they unequivocally, without limitation or restriction, free to leave and go elsewhere? If not, they are in custody.
It says they are free to fuck off back to Mexico, nowhere else.
Certainly sounds like custody to me.
You do know that most of them aren't Mexican, right?
I didnt know that. Did they arrive via Mexico?
Yes. Hence waiting between border walls in San Diego.
Then my original comment was accurate.
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...
You seem to think that not being allowed to go somewhere is the same as not being allowed to leave somewhere. It isn't. The latter is only legal to do to someone if you're the government. You do not have the legal right to prevent me from leaving your home. That's kidnapping.
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?