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Some say immigrant family detention policy may disappear after court ruling

The Karnes County Family Detention Center has shown evidence of renovation and expansion since mid-September 2014.
The Karnes County Family Detention Center has shown evidence of renovation and expansion since mid-September 2014.
According to memos from a migrant attorney group, a tentative court ruling regarding the legality of detaining immigrant women and children was made by U.S. District Judge Dolly Gee in California on April 24. The 22-page ruling states that the Obama administration’s policy of detaining migrant children is in violation with an 18-year-old settlement called Flores v. Meese.

According to McClatchy DC, the ruling has not officially been filed but the migrant lawyers and federal attorneys were given 30 days to come to an agreement. Now that the 30 days have passed, the agreement has been given an extension. Gee will issue a final ruling on the matter if no agreement is reached.

McClatchy reports that some believe the tentative court ruling could force the U.S. Immigrations and Customs Enforcement (ICE) to drastically change current policy. They may decide to take any number of options: release undocumented women and children into the community; release the children but detain the mothers; or completely overhaul the way the agency shelters the migrants until their cases are heard by immigration courts.

According to the memos, the Flores ruling states that children and their mothers cannot be detained in unlicensced, secure facilities like the Karnes County Residential Center and the South Texas Family Residential Center. It also states that it is inappropriate for migrant women and children to be detained unless they pose a safety risk to the community.

In 1997’s Flores v. Meese case, the settlement called for minors to be in the custody of family or legal guardians if available. The case also stipulates that the government is only allowed to detain children in safe and sanitary facilities that are licensed.

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