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Judge extends temporary restraining order in family detention licensing lawsuit

Satsuki Ina speaks to the press before testifying at a DFPS hearing against the licensing.
In a May 13 court hearing, District Judge Karin Crump heard arguments on whether the state has authority to issue childcare licenses to the South Texas Family Residential Center in Dilley, Texas, according to a report from the Austin-American Statesman. 

Plaintiffs in the lawsuit — two detained mothers and advocacy organization Grassroots Leadership — asserted that the prison-like conditions of these family detention centers make them no place for children. Moreover, they argued that the Department of Family and Protective Services (DFPS) cannot rewrite the rules to give itself power to regulate the facilities.

Four detained mothers testified Friday that after fleeing violence in their countries, instead of finding help they now feel incarcerated. They mentioned trouble sleeping because of guards entering their rooms every half hour, being served the same meals repeatedly, and children getting sick from water that tastes like chlorine.

One mother, identified as E.G.S., fleeing sexual violence in El Salvador, told the judge that her daughter had been sexually assaulted by another detained women while at the Karnes family detention camp.

The Austin-American Statesman reports that the Texas attorney general's office, as well as attorneys for Corrections Corporation of America (CCA) and GEO Group, which operate the Dilley and Karnes family detention camps, argued that licensing the facilities would provide oversight that would enhance the safety of the children detained there. They pointed to the licensing process at Karnes as a success, as five employees were dismissed as a result of background checks conducted during the licensing process.

Pursuing licensing of the detention centers represents a major shift for the agency, which asserted for a decade that it did not have the authority to do so.

District Judge Karin Crump seemed skeptical of the state’s change of heart, asking, “How do you reconcile your own commissioner’s letter … where Commissioner (John) Specia very specifically stated that DFPS doesn’t have jurisdiction to do what you have done?”

Judge Crump extended the temporary restraining order preventing the licensing of the Dilley family detention camp until June 1 when she will hear further evidence in the case. She is now weighing whether to issue a temporary restraining order that would invalidate the new DFPS rule altogether that had allowed the Karnes family detention camp to obtain a license.

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