Camilo Montoya-Galvez Profile picture
Sep 5, 2020 6 tweets 2 min read Read on X
U.S. Judge Dolly Gee ordered DHS yesterday to cease using hotels as detention facilities for migrant children it seeks to expel from the border.

Gee said DHS can't "evade its obligations under the Flores Agreement by hiding behind" public health law. 1/
cbsnews.com/news/judge-rul…
If upheld, Gee's order will generally end the hotel detention system used by DHS to expel unaccompanied children and families under a public health CDC directive (there's an exception for ~2-day stays).

However, the order does not block DHS from continuing to expel children. 2/
The legality of expelling migrant children under public health law is being challenged in another federal court.

Gee, who oversees litigation over the 1997 Flores Agreement, is ordering DHS to transfer children to licensed facilities within 72 hours of apprehending them. 3/
For unaccompanied kids, that means being transferred to US refugee agency shelters.

For kids in families, it's less clear, since ICE family detention facilities are not licensed to care for minors.

The minors can still be expelled. Gee is saying they can't be held in hotels. 4/
The CDC's authority to give DHS the extraordinary power to expel migrant children, despite protections Congress created for them, will continue to be at the center of litigation.

Yesterday, HHS / CDC posted a rule to codify this emergency authority: s3.amazonaws.com/public-inspect… 5/
The rule says kids processed under public health law are not entitled to certain safeguards.

@ReichlinMelnick: "This regulation makes it clear that the CDC is fully complicit with the Trump admin's use of the COVID-19 pandemic to turn away refugees" end/
cbsnews.com/news/judge-rul…

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More from @camiloreports

Aug 1
NEWS — Unlawful crossings by migrants along the U.S. southern border dropped for the fifth consecutive month in July, plunging to the lowest level since the fall of 2020.
cbsnews.com/news/unlawful-…
U.S. Border Patrol agents made roughly 56,000 migrant apprehensions between official points of entry along the U.S.-Mexico border in July, the lowest number since September 2020, when the agency reported nearly 55,000 apprehensions.
For context: In December, during a record-breaking spike in migration at the U.S.-Mexico border that overwhelmed agents in parts of Texas and Arizona, Border Patrol reported 250,000 apprehensions, or over four times July's tally.
Read 8 tweets
Jul 27
NEWS — In an exclusive interview, Vice President Kamala Harris' campaign chief signaled that Harris, if elected in November, would continue President Biden's asylum crackdown, which U.S. officials have credited for a steep drop in border crossings.
cbsnews.com/news/kamala-ha…
I asked Harris campaign manager Julie Chávez Rodríguez if Harris would keep Biden’s ban on most asylum claims.

“At this point … the policies that are … having a real impact on ensuring that we have security and order at our border are policies that will continue,” she replied.
Chávez Rodríguez's comments are the first indication that U.S. border policy may not change significantly if Harris succeeds Mr. Biden as president, despite pressure from progressive activists angry with the Biden administration's pivot on asylum.
Read 4 tweets
May 8
NEWS — The Biden administration is planning to announce a new regulation tomorrow that is designed to allow immigration officials to deport migrants who are ineligible for U.S. asylum earlier in the process, three sources tell @CBSNews.
cbsnews.com/news/immigrati…
It would instruct government asylum officers to apply certain barriers to asylum that are already part of U.S. law during so-called credible fear interviews. This is the first step in the years-long asylum process.
Migrants barred under U.S. law from asylum include those who may pose a danger to public safety or national security. The rule would allow officials to reject and deport migrants in these categories soon after they cross the border.
Read 5 tweets
Mar 10
One of the reasons immigration is such an intractable issue in the US is because the discourse on it is riddled with misleading / false narratives that lack nuance and extreme positions.

A thread about what I've been thinking about lately as immigration becomes a top 2024 issue:
2/ If you only listen to one side, everyone coming to the U.S. southern border is a bad person, a criminal or someone gaming the system.

If you only listen to the other side, everyone coming to the border is an asylum-seeker fleeing imminent harm.

Both narratives are false.
3/ If you only listen to one side, there's no migrant crisis, despite an unprecedented influx and its humanitarian, operational and security implications.

If you listen to the other side, there's an "invasion." But there's no military assault. Border towns are not under attack.
Read 7 tweets
Feb 12
NEWS — Migrants in Mexico have made over 64.3 million requests to enter the U.S. using a smartphone app that the Biden administration has tried to establish as the main gateway to the American asylum system, internal documents obtained by CBS News show.
cbsnews.com/news/immigrati…
Yes, you read that right. Migrants have used the "CBP One" app tens of millions of times to apply for a coveted appointment to be processed by U.S. authorities at an official border crossing.

So far, nearly 450,000 migrants have been allowed into the U.S. under the process.
The number of requests does not represent unique individuals, since it includes repeated attempts by the same people. Nonetheless, the figure illustrates the extraordinarily high demand among migrants to come to the U.S. and the desperation that leads many to try again and again.
Read 6 tweets
Jan 15
The Department of Homeland Security (DHS) is demanding that Texas state officials stop blocking Border Patrol agents from a public park in Eagle Pass, threatening legal action and calling the state's move to seize control of the area "clearly unconstitutional."

Full letter:
Image
Image
DHS is giving Texas until the end of the day on Wednesday to say it "will cease and desist its efforts to block Border Patrol’s access in and around the Shelby Park area and remove all barriers to access to the U.S.-Mexico border."

Otherwise, DHS will refer the matter to DOJ.
Story: The Biden administration demanded that Texas officials stop preventing Border Patrol agents from entering a section of the U.S. southern border commandeered by state National Guard soldiers last week, calling the actions "clearly unconstitutional.”
cbsnews.com/news/eagle-pas…
Read 4 tweets

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