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About 6 wks ago as I was reporting on detention & risky deportations amid coronavirus, I started hearing from lawyers about Trump officials citing the virus to refuse to release migrant kids to ready sponsors — even as they tried to deport them lat.ms/2zyQhMs @latimes 1/
@latimes So @theCindyCarcamo & I started collecting examples across the country, scouring court documents & the complex swirl of ongoing litigation over extreme steps the Trump WH has taken to restrict immigration in its pandemic response - here's what we found lat.ms/3dQnulJ 2/
US holds roughly 1,800 minors in its immigration detention system — largest in the world, one now riddled with coronavirus ice.gov/coronavirus under 2 agencies: Office of Refugee Resettlement, under HHS, charged w/unaccompanied kids, & ICE, which detains kids with parents 3/
Fed immigration detention is *not* criminal. Migrant kids specially protected under Flores settlement, requiring gov to provide “safe and sanitary” conditions; make “prompt and continuous” efforts to release & reunify families. Judges ruled Trump WH violating Flores amid virus 4/
Trump attorneys argue in court that children are safer from COVID-19 in custody. CDC official Dr. Amanda Cohn submitted written declaration in Flores case that releasing unaccompanied kids, “likely increases risk of exposing [them] to COVID-19 relative to remaining in custody” 5/
ICE reports 869 coronavirus cases among migrants in custody, with 50%+ tested coming up positive, but only ~6% overall tested. ICE says 0 cases at 3 family detention centers in Texas & PA-but won't say how many tested. Yet we know families have received tests & are quarantined 6/
ORR holds 1,500 unaccompanied migrant kids ~200 federally contracted facilities across US. From March-May, COVID-19 cases among these kids increased from 4 to 68. 1 in 3 tested were infected, but gov has tested only 12%. No info on thousands of contractors ORR & ICE rely on 7/
Admin notes since March it's dramatically reduced detained pop of kids & parents by about 2.4k. But that's mostly because under new pandemic policies to seal border lat.ms/2yTbUr1 the number of unaccompanied migrant children turned over to ORR has dropped roughly 97% 8/
Same time, ORR has released far fewer kids to sponsors than previous months, & those left behind being held even longer. At least 50 UAC removed from US & 180 handed to ICE, per ORR. ICE won't say how many minors deported. But Guatemala says it's gotten 400+ deported kids ... 9/
We spoke w/20+ sources, many on condition of anonymity for fear admin would retaliate against kids & families in custody. ORR blocked detained teen from interview, despite her permission, parent, lawyers: “individual risk posed to the minor seems to far outweigh the benefit” 10/
HHS said:“HHS is a child welfare agency, not a law enforcement agency...If there is a delay in unification it is for public health” Laura Peña, former ICE attorney now pro-bono counsel, said:“It’s outrageous, trying to deport this child and deny them rights during a pandemic" 11/
Mariano, 17 yr old Guatemalan, has been held in California detention center for more than 400 days-20 times 20-day max allowed under Flores. Esvin's 4 yr old has been separated from him for 6 months, due to errors & delays from pandemic policy. “She is a human being” he says. 12/
A Honduran mom had been ill for wks before she passed out in front of her 4yo, detained with her. Guards sent her straight from health clinic to deportation flight. She was so ill she was sent back to detention. Still doesn't know coronavirus test results; son wasn't tested 13/
Said Shay Fluharty, director of the Dilley Pro Bono Project, a legal clinic at the ICE detention center holding the Honduran mom and toddler: “It really is a prison for these kids, and still they’re not safe.” THE END
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