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Camilo Montoya-Galvez Profile picture
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5 Oct, 4 tweets, 2 min read
New: The 9th Circuit has denied the Trump admin.'s request to suspend an order by US Judge Dolly Gee that requires ICE / DHS to stop detaining migrant children it seeks to expel from the southern border in hotels (except for 72-hour stays).
The stay the 9th Circuit placed on Gee's order expires tomorrow and DHS will be barred from overseeing a large-scale border hotel detention system.

However, @CBSNews reported Friday that ICE quietly stopped holding migrant children in hotels 3 weeks ago:
cbsnews.com/news/u-s-stops…
The 9th Circuit today rejected the Trump admin. argument that children who DHS seeks to summarily expel under a COVID public health order are in the legal custody of the CDC, noting that DHS has all the decision-making authority over them (it detains + expels them).
It's very important to note these orders *do not* bar DHS from continuing to expel migrant children, whom one DOJ lawyer referred to as "potential vectors" of COVID.

More have been allowed to stay in recent weeks, but children continue to face expulsion:
cbsnews.com/news/u-s-stops…

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More from @camiloreports

Camilo Montoya-Galvez Profile picture
2 Oct
ICE quietly stopped holding migrant children in border hotels on Sept. 11.

But CBP says unaccompanied minors and families with children can still be expelled from the US, without an opportunity to seek asylum, under COVID restrictions. @CBSNews. 1/
cbsnews.com/news/u-s-stops…
On Sept. 4, a federal judge ordered ICE to stop detaining migrant children in hotels, barring 72-hour stays.

That order, however, is not in effect due to a stay the 9th Circuit keeps extending.

DHS seemed to be complying with an order is not bound to (not yet at least). 2/
The number of unaccompanied children transferred to the US refugee agency—a requirement under anti-trafficking law—has increased in the past weeks.

Between April and July, the refugee agency received 330 children, even as CBP recorded 5,900 + arrests of unaccompanied minors. 3/
Read 7 tweets
Camilo Montoya-Galvez Profile picture
29 Sep
The Trump-Biden contest in 35 days is a juncture for US immigration policy, pitting drastically different visions on green card policy, asylum, refugees, ICE detention and deportations and border restrictions against each other. 1/

Our story:
cbsnews.com/news/trump-bid… via @CBSNews
Former and current senior DHS officials said a Biden admin. could face an arduous and long road in reversing Pres. Trump's immigration changes.

"It's not like someone shows up on day one and can stop doing regulation A, B or C," DHS No. 2 Ken Cuccinelli told @CBSNews. 2/
If victorious, Biden will be under pressure to not just to undo Trump’s changes, but to also move away from some Obama-era policies, particularly on deportation and detention.

"I always say that Trump is abusing the ICE deportation machine that Obama built” one activist said. 3/
Read 5 tweets
Camilo Montoya-Galvez Profile picture
13 Sep
The scope of the Trump admin.'s COVID policy of expelling migrant children, without affording them humanitarian protections enshrined in US law, was revealed Friday.

8,800 minors apprehended without adult family members have been expelled since March. 1/
cbsnews.com/news/8800-migr…
In addition to 8,800 unaccompanied minors, 7,600 members of migrant families with children were also expelled by border officials.

In total, 159,000 expulsions have been carried under this indefinite pandemic policy, which was authorized by CDC Director Robert Redfield. 2/
How big of a shift is this? US law allows border-crossers to fight their deportation by requesting asylum.

The Trump admin. has worked to restrict asylum for 3 + years, arguing it is abused. But it has never been able to summarily expel migrants—let alone children—until now. 3/
Read 10 tweets
Camilo Montoya-Galvez Profile picture
9 Sep
DHS No. 2 Ken Cuccinelli ordered officials in Dec. 2019 to fire or reassign staffers who compiled reports on violence, corruption and poverty in El Salvador, Guatemala and Honduras that Cuccinelli felt undermined the Trump admin's asylum policies, per a whistleblower complaint.
Senior DHS official Brian Murphy, who filed the whistleblower complaint to the DHS inspector general yesterday, said he called Cuccinelli's instructions "illegal."

His complaint, as provided to Congress, is here:
intelligence.house.gov/uploadedfiles/…
In his whistleblower complaint, senior DHS official Brian Murphy also accuses former DHS Sec. Nielsen's inner circle—including current acting Sec. Chad Wolf—of manipulating data about potential terrorists entering the southern border (to promote border wall construction).
Read 4 tweets
Camilo Montoya-Galvez Profile picture
5 Sep
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/
Read 6 tweets
Camilo Montoya-Galvez Profile picture
4 Sep
NEW: The Trump admin has published the text of a final CDC rule that would allow it to continue expelling border-crossers—including asylum-seekers & unaccompanied children—during the pandemic in the name of public health.

It would take effect next month: s3.amazonaws.com/public-inspect… Image
The CDC says this final rule "can mitigate the danger of the introduction of COVID-19 into the United States regardless of whether" the current CDC order that border officials are using to expel migrants "is vacated or enjoined, or lapses by its own terms" in March 2021.
Unlike the current CDC order and interim final rule being used to expel migrants, the text of the new rule addresses concerns about asylum-seekers and unaccompanied children being expelled during the pandemic, despite laws that allow them to seek humanitarian refuge on US soil.
Read 5 tweets

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