A federal judge ruled late Friday night that the Obama administration has just over two months to begin releasing hundreds of migrant mothers and children who have been locked up in government family detention centers as they await their asylum hearings.
In a 15-page ruling that quoted Mahatma Gandhi, U.S. District Judge Dolly Gee in Central California delivered a scolding rebuke of the government's expanded use of family detention centers. But she also granted the government one of its key requests for additional time – as much as 20 days - to continue to hold mothers and children under certain circumstances like last year's surge of nearly 70,000 Central American families into the United States.
“This is a historic decision,” said Professor Stephen Yale-Loehr, who teaches immigration and asylum law at Cornell Law School. “If it stands, it will force major changes to the government’s family detention program.”
"This is a historic decision. If it stands, it will force major changes to the government’s family detention program.
Professor Stephen Yale-Loehr, who
Gee rejected a last minute plea by the administration to reconsider her July ruling that the government acted in violation of a 1997 settlement regarding child migrants. She called the government’s arguments improper and speculative.
“Defendants submitted a 51-page brief that served primarily as a vehicle for a thinly-veiled motion for reconsideration, rehashing many of the same arguments which the Court previously rejected” Gee wrote about the government in her ruling.
The lead attorney for the mothers, Peter Schey, executive director of the Center for Human Rights and Constitutional Law, said that the court's ruling “will protect refugee children and their mothers from lengthy and entirely senseless detention."
“Secretary Jeh Johnson should be thoroughly ashamed of his 'anti-mother' detention policy that over the past year has caused thousands of innocent children to needlessly suffer severe psychological and often physical harm,” Shey said of the Homeland Security Secretary.
The Obama administration currently holds more than 1,800 parents and children awaiting court hearings in three family detention centers in Dilley and Karnes City, Texas, and Berks County, Pa.
Homeland Security officials disagreed with the court’s conclusion, but said the judge’s language permits the administration’s current use of its family detention centers. The government had feared the judge would issue a blanket order prohibiting the detention of all families under any circumstances beyond five days.
Starting on Oct. 23, the judge said the government must release detained mothers and children as quickly as possible. But what she added in Friday’s ruling, which was not clear in her previous decisions, was that the government could exceed the five-day requirement under some extenuating circumstances like last year’s surge of migrants. It also states that recent policy changes made by Homeland Security to end long-term detention may be enough to satisfy the parameters of the ruling if migrants are truly being processed as expeditiously as possible. The average stay at one of the facilities is currently 20 days, according to officials.
“As family residential centers continue to operate consistent with this order, DHS will continue to screen family members' claims as expeditiously as possible, while ensuring that their due process rights are protected,” said DHS spokeswoman Marsha Catron.
Benjamin Mizer, principal deputy assistant attorney general, had written in an earlier administration brief that five days was not enough time to conduct health screenings or to determine whether family members are eligible to remain in the United States.
Despite finding that the so-called family detention centers run by ICE to be both unsanitary and unfit for children, Judge Gee would still permit the government to jail children in private prisons for nearly three weeks.
Jonathan Ryan, executive director of the Texas-based Refugee and Immigrant Center for Education and Legal Services
The Obama administration has already been forced to curb the program and release hundreds of migrant mothers and children – some of whom had been locked up fof more than a year – as the program came under intense congressional and media scrutiny.
The ruling is likely to divide immigration advocates between those who see it as a major victory and others who feel the added flexibility given the government will lead to more problems for detained mothers and their children.
Jonathan Ryan, executive director of the Texas-based Refugee and Immigrant Center for Education and Legal Services, said doctors have found that even brief stays in secure detention facilities can have immediate and long-lasting consequences on children's health.
"Despite finding that the so-called family detention centers run by ICE to be both unsanitary and unfit for children, Judge Gee would still permit the government to jail children in private prisons for nearly three weeks," Ryan said.