Will Racke, DCNF
A federal judge in California Monday rejected the Justice Department’s request to allow the government to detain illegal immigrant families together while they go through immigration proceedings.
Judge Dolly Gee denied a motion to suspend a part of the 1997 Flores settlement decree that bars immigration authorities from holding families in detention for more than 20 days. Gee, who set the 20-day standard in a 2015 update to Flores, said she saw no legitimate reason to modify her ruling, Reuters reported.
The Trump administration has criticized Flores as a legal “loophole” that forces immigration officials to release illegal immigrants if they are traveling in family units. By treating families differently than single adult migrants, the Flores provides an incentive for parents to bring their children on a perilous journey across the southwest border, the government argues.
Trump had tried to close the loophole by implementing a “zero tolerance” policy against unlawful border crossing, under which prosecutors charged as many people as possible with illegal entry, regardless of whether they had children in tow. The policy caused more than 2,000 migrant children to be separated from their parents while the adults were prosecuted in federal criminal court.
Following public outcry, Trump rescinded the policy and ordered border authorities to detain illegal immigrant families together in civil immigration detention centers. But Gee’s refusal to modify her Flores ruling effectively precludes the Trump administration from carrying out the executive order and returns immigration detention policy to the pre-“zero tolerance” status quo.
“We disagree with the court’s ruling declining to amend the Flores Agreement to recognize the current crisis of families making the dangerous and unlawful journey across our southern border, but the court does appear to acknowledge that parents who cross the border will not be released and must choose between remaining in family custody with their children pending immigration proceedings or requesting separation from their children so the child may be placed with a sponsor,” Justice Department spokesman Devin O’Malley said in a statement late Monday.
The White House has asked Congress to legislatively overturn Flores and allow for longer family detention, but an immigration reform bill that would have done so failed in the House in late June.
For licensing opportunities of our original content, please contact licensing@dailycallernewsfoundation.org.
DONATE TO BIZPAC REVIEW
Please help us! If you are fed up with letting radical big tech execs, phony fact-checkers, tyrannical liberals and a lying mainstream media have unprecedented power over your news please consider making a donation to BPR to help us fight them. Now is the time. Truth has never been more critical!
- Dana Bash appears to want to crawl out of her own skin when Ramaswamy ‘goes there’ on J6 - December 7, 2023
- As Biden’s approval ratings decrease, students criticize administration for rebuilding border wall and support for Israel - November 12, 2023
- ‘They need to go!’ Scalise and McCarthy garner votes as 20 GOP ‘turncoats’ block Jim Jordan - October 17, 2023
Comment
We have no tolerance for comments containing violence, racism, profanity, vulgarity, doxing, or discourteous behavior. If a comment is spam, instead of replying to it please click the ∨ icon below and to the right of that comment. Thank you for partnering with us to maintain fruitful conversation.