Sunday, August 25, 2019
The administration's response to the court order affirming its violation of the Flores settlement was to amend immigration regulations to permit the indefinite detention of minors. The administration looks to replace the Flores settlement with the new regulation. Previously the maximum legal limit was 20 days. The move is another blow to the rule of law and disavowing court rulings with which he does not agree. Under the new regulation, the children are to be held with their parents. But that was part of the Flores settlement so enforcement of this new regulation is open to speculation.
Given the profound psychological damage done from any detention, the continuation of long-term detention will continue to have long-term consequences. If the administration stops separating families that will be a mitigating but not a curing factor.
Lawsuits are planned to challenge the regulation which is scheduled to take effect in 60 days.