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Court rules detainees don't have to be held in same state as children thehill.com/regulation/cou…
A federal appeals court ruled Tuesday that apprehended migrants do not have the right to be held in the same state as their children while in detention, thrusting the issue of migrant family separations back into the spotlight.
The U.S. Court of Appeals for the Fourth Circuit affirmed a district court’s ruling that migrants do not have a “due process right to family unity.”
“On the merits, we, like the district court, have been unable to find a substantive due process right to family unity in the context of immigration detention pending removal,” the appeals court wrote in its ruling.
“To be sure, there are decisions that recognize the ‘power of parents to control the education of their own’ children…and the ‘fundamental right to make decisions concerning the rearing’ of one’s children…
...but those decisions hardly support the asserted right to be detained in the same state as one’s children, the right to be visited by children while in detention, or a general right to ‘family unity’ in the context of detention.”
