If the Flores Settlement Agreement laid out a state licensing authority over immigrant detention facilities, can someone please explain how Texas etal can't pull licensing because these centers aren't meeting state level standards for housing and care of children????
1/
This 1997(!!) agreement requires INS to put minors in the "least restrictive setting" appropriate to children's age and needs, contact with family members, notice of rights, safe & sanitary facilities, toilets, sinks, food, water, medical assistance, temperature control..
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Also this agreement MANDATES policy favoring release to a parent, adult family member, legal guardian, or a licensed program.... prompt continuous efforts towards family reunification & release!
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The settlement laid out minimum standards for licensed programs to comply WITH ALL STATE CHILD WELFARE LAWS & ALL STATE FIRE/ HEALTH/ SAFETY CODES.
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Program MUST provide physical care, food, clothing, GROOMING ITEMS, routine medical & dental care, medication, immunizations, educational assessment, English training, recreational time, access to social workers & counseling.
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There's even a stipulation for large influx times, where children must be released in TWENTY DAYS.
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Fast forward to 2003. INS abolished & became part of Homeland Security. They weren't following Flores guidelines at all. 2008 - Congress passed Trafficking Victims Protection Reauthorization Act to codify parts of Flores into federal law, protecting certain rights for kids.
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2015 - CA federal district judge says to release detained children AND their mothers...but more so kids "without unnecessary delay" aka 20 days.
2016 - 9th circuit reaffirmed Flores applied to all children whether accompanied or not but reversed release of a parent.
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2017 - district court says government isn't complying with Flores-related obligations & appointed a juvenile coordinator to oversee compliance.
2018 - fed district court says NOPE to gov't request to modify Flores, assigns independent monitor to oversee compliance.
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Andrea Sheridan Ordin is that Independent Monitor. Where is she in all of this? Google doesn't show anything since October 2018, her appointment as independent monitor.
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And of course, September 2018. Trump administration proposes new rule to allow longer detention for kids... to detain "families TOGETHER", aaaaaaand making sure the children are treated with "dignity, respect, & special concern for their particular vulnerability as minors".
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The Trump proposal allows ICE to ignore the Flores agreement & be able to self- license and inspect facilities, removing accountability completely. Welp there's my answer.
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