BREAKING: The Trump admin just filed a proposal to rewrite the laws concerning the detention of immigrant children, undoing key protections from a decades-old settlement s3.amazonaws.com/public-inspect…
Among the changes, DHS will no longer release immigrant children to live with a sibling, grandparent or other relative, and will only allow release to a parent or legal guardian.
DHS also says they will treat any undocumented person they encounter who is younger than 18 years old and who does not have a parent in the country as "unaccompanied" and will transfer them to HHS for indefinite detention.
The admin is also seeking to broaden the definition of an "emergency" that would allow them to delay placing an immigrant child in an age-appropriate environment, feeding them meals/snacks, or allow other "noncompliance on a temporary basis."
Admin is also arguing that the definition of an "influx" of immigrant youth into the country means they should be allowed a more flexible timeline for putting them in an age-appropriate environment rather than the current 3-5 day timeline.
(REMEMBER: All of this will be open for public comment before it takes effect)
New rule also seeks to get around the current requirement that immigrant children be held in **licensed** childcare facilities by "creating an alternative federal licensing scheme for such detention."
Rule also says immigrant children can be transported across the country together with adult strangers "if separate transportation is impractical or unavailable."
In their new rule allowing indefinite detention of immigrant children, the Trump admin makes an argument that "a significant number" of immigrants released on bail don't show up to their court hearings. A federal judge already dismissed this arg as untrue. talkingpointsmemo.com/dc/trumps-immi…
I guess it depends on your definition of a "significant number," but Judge Dolly Gee cited 15 years of data showing that nearly 90 percent of families do show up to their hearings. talkingpointsmemo.com/dc/doj-threate…
Trump admin is upfront that their goal is "the termination" of the Flores settlement, which set safety standards for children in immigration detention. Lawyers tell me they could still sue when there are violations of kids' Constitutional rights but it'd be much harder w/o Flores
