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Judge blocks Trump’s bid to detain migrant kids indefinitely
LOS ANGELES, Sept 28, 2019 (BSS/AFP) – A federal judge in California on
Friday blocked a bid by the Trump administration that would have allowed for
undocumented migrant children to be detained indefinitely.
The decision by US District Judge Dolly Gee relates to the so-called Flores
Agreement which stipulates that the government could not detain migrant
children for more than 20 days.
In the face of a massive influx of migrant families crossing into the
United States this year, the White House sought to scrap the 22-year-old
agreement, in order to deter migrant expectations that they would be released
after being arrested by border agents.
President Donald Trump’s administration has faced numerous court challenges
over its efforts to curb migration.
“The blessing or the curse — depending on one’s vantage point — of a
binding contract is its certitude,” Gee said in her ruling.
“Defendants cannot simply ignore the dictates of the consent decree merely
because they no longer agree with its approach as a matter of policy,” she
added.
Gee said attorneys for the government had failed to prove their case and
could have sought Congressional action to reverse the Flores agreement.
“Having failed to obtain such relief, defendants cannot simply impose their
will by promulgating regulations that abrogate the consent decree’s most
basic tenets,” Gee said. “That violates the rule of law. And that this Court
cannot permit.”
The Department of Justice said the administration was “disappointed” with
the ruling and would continue to work “to restore integrity to our
immigration system.”
A spokesperson called the Flores Agreement “outdated” and said “the
government has done exactly what the Agreement required: issue a
comprehensive rule that will protect vulnerable children, maintain family
unity, and ensure due process for those awaiting adjudication of their
immigration claims.”
A coalition of 20 US states had filed suit against the Trump administration
after it announced that it planned to scrap the Flores rule.
Human rights groups had also criticized the proposed new rule and vowed to
challenge it in court.
“This ruling is a victory for immigrant children and we are thrilled that
the Flores protections will stand,” the National Center for Youth Law said in
a statement following Friday’s ruling. “However, we fully expect the
administration will continue its relentless campaign to abolish basic
protections for children, imprison them without any oversight and erroneously
blame the Flores Settlement Agreement for impacting migration patterns.”
Trump made cracking down on illegal immigration a key part of his 2016
presidential campaign platform.
In 2018, he launched a “zero tolerance” policy that saw more than 2,300
children separated from their parents at the border, before the government
backed down amid a massive public outcry.
BSS/AFP/GMR/0810 hrs