tRump to indefinitely detain immigrant children & families
September 6th, 2018
The tRump administration is at it again, this time a rule proposal from Department of Homeland Security and Department of Health and Human Services to circumvent a rule that limits detention of immigrant children to 20 days, and instead, detain them indefinitely, and to make it easier to detain families indefinitely as their cases are pending rather than release on probation. The proposed rule is open for comment for 60 days, so due November 5 or 6, depending on when it is published in Federal Register. Info on how to comment is below.
In Fortune:
Trump Administration Proposes Indefinite Detention of Child Migrants
Here’s the proposal, DHS Docket No. ICEB-2018-0002:
https://s3.amazonaws.com/public-inspection.federalregister.gov/2018-19052.pdf
If/when adopted, the rule would terminate the Flores Settlement Agreement. From the rule:
But the practical implications of the FSA, and in particular the lack of state licensing for FRCs and the release requirements for minors, have effectively prevented the Government from using family detention for more than a limited period of time, and in turn often led to the release of families. That combination of factors may create a powerful incentive for adults to bring juveniles on the dangerous journey to the United States and then put them in further danger by illegally crossing the United States border—in the hope, whether correct or not, that having a juvenile will result in an immediate release into the United States. At the same time, the second choice—that of separating family members so the adult may be held in detention pending immigration proceedings—is to be avoided when possible, and has generated significant litigation. See Ms. L v. ICE, No. 18-428 (S.D. Cal.).
…
The expectation that adults with juveniles will remain in the United States outside of immigration detention may incentivize these risky practices.
Of course the practice of separating parents and children, and jailing children as they have, DOH, it would generate significant litigation. But really, “a powerful incentive” “expectation” that to bring children with would facility entry and that’s why they’re bringing their kids? Really, drag kids along on this arduous journey as a “get out of jail free” card? This is DHS’ position?
Read it.
You may submit comments on all or part of this proposed rule, but be specific, cite to page number, language, the more specific the better, and propose alternative language, or jettisoning of the whole damn thing. Put the docket number at the beginning of your comment: DHS Docket No. ICEB-2018-0002
Send your comment by any one of the following methods:
Federal eRulemaking Portal (preferred by DHS):
https://www.regulations.govFollow the website instructions for submitting comments.
via E-mail: ICE.Regulations@ice.dhs.gov. Include DHS Docket No. ICEB-2018-
0002 in the subject line of the message.By Mail: Debbie Seguin, Assistant Director, Office of Policy, U.S. Immigration and
Customs Enforcement, Department of Homeland Security, 500 12th Street SW,
Washington, DC 20536.Remember, include DHS Docket No. ICEB-2018-0002 in your correspondence.