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Tuesday, Jul 10 2018

Full Issue

Judge Deals Administration Legal Setback, Ruling It Can't Indefinitely Detain Immigrant Children

The Justice Department had made a request to modify a 1997 legal settlement that set rules for how the government can deal with immigrant children in its custody. But Judge Dolly M. Gee says there's no basis to amend the consent decree.

The Trump administration on Monday lost a bid to persuade a federal court to allow long-term detention of migrant families, a significant legal setback to the president鈥檚 immigration agenda. In a ruling that countered nearly every argument posed by the Justice Department, Judge Dolly M. Gee of the Federal District Court in Los Angeles held that there was no basis to amend a longstanding consent decree that requires children to be released to licensed care programs within 20 days. The government said that long-term confinement was the only way to avoid separating families when parents were detained on criminal charges. (Jordan and Fernandez, 7/9)

U.S. District Judge Dolly Gee issued an order lambasting the Justice Department for its request to modify a 1997 legal settlement that set rules for how the government can deal with immigrant children in its custody. Calling President Trump鈥檚 executive order on immigrants 鈥渋ll-considered,鈥 the judge accused the administration of attempting to shift blame to the courts for a crisis of Congress鈥 and the president鈥檚 making. Gee鈥檚 order came as Justice Department attorneys told a federal judge in San Diego they would miss Tuesday鈥檚 deadline for authorities to reunite parents and children younger than 5 who were forcibly separated at the border. (Kim and Davis, 7/9)

"Defendants seek to light a match to the Flores Agreement and ask this Court to upend the parties鈥 agreement by judicial fiat," wrote Gee, an appointee of President Barack Obama. "It is apparent that Defendants鈥 Application is a cynical attempt ... to shift responsibility to the Judiciary for over 20 years of Congressional inaction and ill-considered Executive action that have led to the current stalemate." (Gerstein, 7/9)

The immigration detention center at Tornillo used to hold undocumented immigrant children will remain open for at least 30 more days, a government spokesperson confirmed Monday. ...It houses undocumented minors who came to the United States alone or were separated from family members or guardians by U.S. immigration officials under the Trump administration鈥檚 鈥渮ero tolerance鈥 policy. (Aguilar, 7/9)

This is part of the Morning Briefing, a summary of health policy coverage from major news organizations. Sign up for an email subscription.
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