US court: Homeland Security must release undocumented kids
LOS ANGELES — A federal appeals court ruling issued Thursday, July 6, now mandates the Department of Homeland Security (DHS) to quickly release undocumented children caught crossing the border from family detention centers, but not their parents.
The Ninth Circuit US Court of Appeals based in San Francisco found that extended detention periods for underage migrants violated a 19-year-old settlement ordering their release shortly after processing. Federal prosecutors had argued that the rule only applied to children who arrived at the border unaccompanied by an adult.
The case revolves around detention centers in Texas that were built in response to a surge of immigrants who attempted to enter the US in summer 2014. Court documents describe prison-like facilities where children sleep on concrete floors with nothing but a mylar blanket and dirty clothes to keep warm. Researchers who visited the centers said some sick children were not receiving medical treatment, according to the LA Times.
No more lock-downs for kids
“This decision makes it clear that the Obama administration can no longer detain accompanied children for long periods of time in unlicensed, locked-down facilities,” said one of the lead plaintiff attorneys and president of the Center for Human Rights and Constitutional Law, Peter Schey.
However the court partially reversed a prior ruling from Judge Dolly Gee in 2015 that expedited the release of families apprehended while crossing into the United States. The three-judge panel decided that the directive did not apply to the adults accompanying those children.
Critics of Thursday’s decision, say it “misses the point.” The purpose of the case was to shield minors from inhumane treatment, according to the legal director of the American Immigration Council, Melissa Crow. She said the ruling harms children because it will separate them from their families.
Supporters for tighter border security say the ruling will prevent adults from using children as an excuse to avoid long stays at family detention centers.
There had been an uptick of undocumented families caught at the border by the DHS since that ruling, according to the Associated Press. More than 23,000 families have been detained in the first five months of the year compared to about 13,400 in 2015 and around 30,600 in 2014, according to the DHS. Most are from Honduras, El Salvador or Guatemala. Many of those detained said they were fleeing from gang or domestic violence in their home country.
More detention centers
The extraordinary number of immigrants who attempted to enter the US in 2014 prompted to drastically augment the capacity of family detention centers. At that time, Johnson said he wanted people who entered the country illegally, to get the impression that they would be apprehended and sent home, rather than be detained for extended periods, according to the LA Times.
Hundreds of parents and their children are currently housed at two centers in Texas and another in Pennsylvania. Researchers who inspected the facilities estimate that the average detention period is between 10 days and six weeks. However, some detainees have been held for almost a year. The LA Times reports that some families were deported overnight without legal counsel.
US Rep. Raul M. Grijalva (D-Arizona) described Texas detention centers he visited this summer to the LA Times as “very moving and very, very depressing — and for our country, very embarrassing.”
Federal attorneys have not announced how they intend to respond to the ruling. They have the option to appeal to the Supreme Court, or request that the case be reheard with the full panel of 9th district judges if they decide challenge Thursday’s decision.
