U.S. District Judge Dolly Gee said Friday that the conditions in which the detainees are being held are “deplorable” and violate parts of an 18-year-old court settlement that put restrictions on the detention of migrant children.
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Following a major court ruling against family detention, immigration experts said the Obama administration shouldn’t spend time appealing the ruling and instead should turn to crafting policies to better address the detention of immigrant families. Judge Gee, in her decision, gave the administration until August 3 to respond to her ruling.
Accordingly, Judge Gee agreed with plaintiffs suing on behalf of detained immigrants, that the government’s “no-release” policy violated the agreement’s requirement to “minimize the detention of children”, to avoid holding children in confinements not licensed nor resourced to care for children, and that the detention centers exposed children to “harsh, substandard conditions and treatment”.
The ruling also raises questions about what the administration will do with the estimated 1,700 parents and children at three detention facilities, two in Texas and one in Pennsylvania.
Gee’s decision is also seen as a victory for the immigrant rights lawyers who brought the case. Of the tens of thousands of other families apprehended at the border, a majority have not been detained, but are released on bond pending adjudication of their attempts to be allowed to remain.
The Justice Department had argued it was necessary to modify the settlement and use detention to try to deter more immigrants from coming to the border after last year’s surge.
Residents line up to eat lunch at the South Texas Family Residential Center that houses thousands of women and children.
DHS had said the detention of immigrant mothers and children was being done to send a message to other Central American families that this would be their fate should they attempt to illegally enter the United States. “A policy that just targets mothers with children is not rational and it’s inhumane”.
“The government must get out of the business of locking up children and families who are fleeing violence, particularly if it is clear they do not pose a danger to the community, national security or are a flight risk”, added Menendez, who urged the Obama administration to promptly implement Gee’s order without delay.
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“We are disappointed with the court’s decision and are reviewing it in consultation with the Department of Justice“, a spokeswoman for the Department of Homeland Security said in a statement to the Los Angeles Times. “President (Barack) Obama’s decision to appeal the ruling or comply with Judge Gee’s findings will determine his legacy on immigration, as much as his fight for comprehensive immigration reform and deferred action”.
