Legal battle looms over Trump's new plan to detain immigrant families
Trump's latest plan resembles steps the Obama administration took in 2014 as it faced a surge in illegal border crossings by immigrants from Central America. At the time, officials set up family detention facilities in New Mexico and Texas, in part to discourage other immigrants from making the journey.
The Obama administration's moves toward broader family detention were eventually thwarted by a combination of court rulings and strong political pushback from immigrant rights advocates.
Obama administration officials argued that the Flores decree applied only to unaccompanied minors and not to those taken into custody along with family members. But in 2015, Gee rejected that position.
Obama officials implemented her ruling but, under pressure from Republican lawmakers, also appealed the decision in a bid to preserve their options for any future migrant surges.
In 2016, a 9th U.S. Circuit Court of Appeals panel agreed with Gee that minors accompanied by adult relatives are covered by the agreement and have to be quickly placed in the community. "The Settlement unambiguously applies to accompanied minors," the appeals court decision said.
The Obama administration could have asked a larger appeals court panel or the Supreme Court to take up the issue, but it did not.
As the article suggests, Trump's new tack (or probably Nielson's) has a political advantage. Now to get the kid out of a cage, immigrant rights folks have to ask the kid be put in foster care or with a relative. So in a sense, Trump isn't breaking up families. Obama caved and let the entire family out, but I doubt Trump will cave.
But perversely this could result in what I've feared in a YUUUGE increase in DACA kids. The parents are eventually deported, but the kids disappear into society .... only to emerge later as American educated and employable.
Personally I think Judge Gee and the 9th circuit were wrong, and Obama was right, and there should not be any reason to keep a family in custody - safe, medical treatment, decent food - for up to 6 mos and then deport them after a hearing.
Trump's latest plan resembles steps the Obama administration took in 2014 as it faced a surge in illegal border crossings by immigrants from Central America. At the time, officials set up family detention facilities in New Mexico and Texas, in part to discourage other immigrants from making the journey.
The Obama administration's moves toward broader family detention were eventually thwarted by a combination of court rulings and strong political pushback from immigrant rights advocates.
Obama administration officials argued that the Flores decree applied only to unaccompanied minors and not to those taken into custody along with family members. But in 2015, Gee rejected that position.
Obama officials implemented her ruling but, under pressure from Republican lawmakers, also appealed the decision in a bid to preserve their options for any future migrant surges.
In 2016, a 9th U.S. Circuit Court of Appeals panel agreed with Gee that minors accompanied by adult relatives are covered by the agreement and have to be quickly placed in the community. "The Settlement unambiguously applies to accompanied minors," the appeals court decision said.
The Obama administration could have asked a larger appeals court panel or the Supreme Court to take up the issue, but it did not.
As the article suggests, Trump's new tack (or probably Nielson's) has a political advantage. Now to get the kid out of a cage, immigrant rights folks have to ask the kid be put in foster care or with a relative. So in a sense, Trump isn't breaking up families. Obama caved and let the entire family out, but I doubt Trump will cave.
But perversely this could result in what I've feared in a YUUUGE increase in DACA kids. The parents are eventually deported, but the kids disappear into society .... only to emerge later as American educated and employable.
Personally I think Judge Gee and the 9th circuit were wrong, and Obama was right, and there should not be any reason to keep a family in custody - safe, medical treatment, decent food - for up to 6 mos and then deport them after a hearing.
