The Trump Administration announced this week that it will finalize a rule that ends the Flores Settlement Agreement — a Clinton-era agreement between the executive branch and the Federal District Court of Central California which limits the amount of time that the feds can detain minors who cross the border illegally.
But skimming through some of the headlines, one would have a hard time learning the facts and could easily be misled, including this one from Reuters:
U.S. moves to detain migrant children indefinitely
As Rosemary pointed out in her statement to the press, the true purpose of the rule is to disincentivize family units from crossing the border illegally, which should protect children and ultimately reduce the number of them in detention.
“It is long past time that we end the Flores Settlement loophole that effectively requires catch and release for illegal aliens who arrive with children. We know this loophole has created an entire industry of abuse and exploitation of children, and we applaud the Administration for finally taking steps to close it. It is unfortunate that the Administration has to act alone because Congress is unwilling to put politics aside to address this humanitarian crisis.” ~ Rosemary Jenks, NumbersUSA Director of Government Relations
HOW FSA HELPED DRIVE ONGOING BORDER CRISIS
The ongoing border surge has been driven by family units — individuals crossing the border illegally with a child. In fact, family units have made up 57% of all border apprehensions during the current fiscal year that started last October.
The Flores Settlement Agreement forces the feds to release minors after 20 days. This policy results in the catch-and-release of family units, which has encouraged more family units to cross the border illegally.
The new rule will terminate the Flores Settlement Agreement, allowing the feds to keep children with their parents until an immigration judge makes a determination on their case. The rule will ultimately have to be approved by the Federal District Court of Central California.
It’s extremely important to point out that the Flores Settlement Agreement was meant to be temporary. In a 2001 modification to the agreement, both parties agreed that the Flores Settlement Agreement would terminate 45 days after the feds published final regulations pertaining to the detention of minors, however neither Pres. Bush nor Pres. Obama took action. Therefore, the Trump Administration simply did what should have been done years ago.
HOW LONG WILL FAMILIES BE DETAINED
The word “indefinite” has appeared in nearly every mainstream media story this week. But in issuing this rule, the Administration has two goals: 1) reduce the number of family units crossing the border illegally by taking away the catch-and-release incentive and 2) enable quick adjudication for family units who enter illegally, thereby reducing their time in detention.
Illegal aliens who have been in the country for fewer than 14 days can be put into expedited removal. Since most family units are apprehended by Border Patrol within this 14-day window, there is typically a quick adjudication of their case, thus keeping the amount of time they spend in detention short.
However, many of these family units are claiming asylum. The immigration courts are prioritizing these cases and attempting to hear them within 7 days … again reducing the amount of time family units spend in detention.
The bottom line is that the new rule attempts to close a loophole that has been exploited in an unprecedented fashion this year. It seeks to discourage illegal border crossers from putting children at risk and allow law enforcement officials the opportunity to do their jobs.
Written by Chris Chmielenski, Deputy Director for Numbers USA ~ August 23, 2019