Immigration Attorneys Launch Legal Challenge to Protect Vulnerable Children from Proposed Policy Changes

A group of immigration attorneys filed a lawsuit on June 20, seeking to prevent the Trump administration from eliminating a program that safeguards immigrant children in federal custody. The legal action cites firsthand accounts from adults and children detailing the conditions at two family detention facilities located in Texas.

The complaint is based on interviews with detainees and visits to facilities in Dilley and Karnes, Texas, conducted by advocates from several organizations, including the National Center for Youth Law and RAICES. These groups assert that the elimination of the Flores Settlement Agreement would significantly worsen living conditions for detained children.

In May, multiple federal agencies, including the Departments of Justice, Homeland Security, and Health and Human Services, requested that a federal court in Los Angeles terminate the Flores Settlement Agreement, a policy that has governed the treatment of immigrant children in detention since the 1990s. This agreement has enforced standards for oversight and limited detainment durations.

Advocates express concern that abolishing the settlement could exacerbate conditions in detention centers. Administration officials, however, argue that the Flores Settlement has been exploited to promote an open borders agenda. They contend that the agreement’s original intention—protecting unaccompanied migrant minors—has broadened to cover families, which they claim has been manipulated by smugglers.

Mishan Wroe, a senior attorney with the National Center for Youth Law, emphasized the pressing need to defend the Flores Settlement, especially as Congress discusses funding more extensive detention for families, referencing a proposed tax bill that could increase spending on detaining migrants threefold over the next four years.

The lawsuit highlights various issues within the Dilley and Karnes facilities, which are operated by CoreCivic and Geo Group. Reports indicate alarming instances of medical neglect, including a child with cancer who missed a critical doctor’s appointment and another infant who lost significant weight due to inadequate nutrition.

Concerns over access to clean water have also surfaced, with testimonies revealing that detainees often had to rely on inadequate sources for basic needs. One detainee noted a scarcity of drinking water, telling attorneys, “They put out a little case of water, and everyone has to run for it.”

Previous lawsuits against similar facilities have raised alarms over treatment conditions. In 2019, a mother filed a lawsuit after her child died in one of CoreCivic’s centers, shedding light on the potential dangers faced by minors in such environments.

The lawsuit from the group of attorneys argues that removing the Flores Settlement would eliminate essential oversight and documentation of conditions in detention centers. The administration’s recent court filing justifies its stance by pointing to newly established standards for child care and asserting that maintaining families in long-term detention is crucial.

Concerns about the overall treatment of detainees extend beyond Texas. Reports have emerged detailing similar allegations against facilities in other states, including Kansas, where conditions have prompted legal action from advocacy groups.

Leecia Welch, deputy legal director at Children’s Rights, warned that ongoing efforts to boost deportations might lead to deteriorating conditions across facilities nationwide. Current reports indicate that the capacity issue in Dilley had already reached a critical point, and should more families be detained, the conditions could worsen significantly.

There are currently over 200 facilities across the United States designated for migrant detention. As the administration increases the rate of arrests, ensuring humane conditions within these facilities raises growing concerns.

The Department of Homeland Security has also recently limited congressional oversight of these centers, enforcing new guidelines that prevent lawmakers from visiting without prior notice.

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