End legal loophole: Trump administration changes rules for keeping illegal immigrants with children

The Trump administration plans to end a legal “loophole” that allows families of illegal immigrants to enter the United States, Fox News writes.

Фото: Depositphotos

The new rule will replace the court order, known as the “Flores Settlement,” which helped create a catch and release policy for immigrant families.

Under the new policy, migrant families will be held together in illegal detention centers while immigration judges review their cases. Now they will not be released in 20 days after the detention, as was done earlier on the basis of the “settlement in the Flores case”.

“President Trump has made it clear that he intends to protect America's border at all costs, and this rule plays a vital role in the strategy to restore the integrity of our immigration system and our national security,” an administration official told the publication. Washington Times.

Earlier in the United States, a deadline for detention was established for migrant children: it followed that families with children should have been released after 20 days, even if a decision on their case has not yet been made. At the same time, migrants without children often spend several months in temporary detention centers.

The new rules, which will take effect in 60 days, were announced by the acting head of the US Department of Homeland Security, Kevin Makalinan.

On Daily Caller new national family detention standards will be part of the implementation of the new policy.

The new law is intended to replace the so-called Flores settlement, reached several decades ago and determining how long authorities can hold migrant children and in what conditions these children should be detained. According to him, the authorities have no right to keep children in detention centers for more than 20 days.

Now, authorities can send families detained at illegal border crossings to temporary detention family centers for such a period that will be needed to make a decision of the migration services.

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The “Flores Settlement” refers to the 1980 case when a girl named Jenny Flores, who was then 15 years old, was detained with adults after being detained while crossing the US border after escaping from Salvador. Starting from 1997, this settlement obliged the government to send illegal children to special centers to care for them no later than 20 days after their detention, as well as provide them with access to medical care and visits to relatives.

As a result, this resulted in the fact that the children were often released with their parents, and then they did not appear at the courts for their cases, remaining in the United States illegally.

At a House Oversight Committee hearing in July, Michigan Congresswoman Rashida Tlaib accused acting Homeland Security chief Kevin McAleenan and other administration officials of trying to overturn the Flores settlement to "keep children in custody longer." "

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Makalinan dismissed this accusation. He explained that he would like families to be together for the time necessary to complete their immigration process and decide their cases by the immigration courts.

“We do not want to change the provisions on conditions of detention. We want to systematize these provisions to maintain the highest possible level,” he said. “We want to keep families together and we do that through an immigration process that is fair and fast.” But it cannot be completed within 20 days.”

Democrats called such detentions of illegal immigrants "inhuman," while many Republicans accused Democrats of hypocrisy, saying they were silent about such detentions under the Obama administration.

According to employees of the Department of Homeland Security, restrictions on the duration of migrant families in special centers this year have increased the influx of migrants from Central America, writes with the BBC.

They say the new rule will shatter the myth that bringing children with you to the United States will serve as a "pass" to release from detention centers.

“Today, the government passed important legislation that will allow the Department of Homeland Security to properly preserve the integrity of families and improve the immigration system overall,” McAleenan said. “This legislation will allow the federal government to enforce the immigration laws passed by Congress and ensure that children held in American detention centers are treated with dignity and respect.”

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