THE ANGELS.- In a decision that could significantly alter the immigration policy of USAthe federal judge Dolly Gee approved the request of the President’s government Joe Biden to partially end an agreement that, for nearly three decades, has overseen the care of migrant children in the country’s custody.
Gee determined that special judicial supervision can cease at the Department of Health and Human Services (HHS), which is responsible for minors after their detention by the Border Patrol. This resolution comes in a context of growing challenges at the border.
From October 2023 to May 2024, the United States recorded the entry of 83,047 unaccompanied minors and 4,077 minors accompanied by adults, adding a total of more than 87,000 children in just seven months, according to data from Customs and Border Protection (CBP, for its acronym in English). This migration flow puts considerable pressure on HHS facilities and resources.
The 1997 Flores settlement, which established court oversight to ensure adequate conditions at shelters, has been a cornerstone of protecting the rights of migrant children. The Justice Department argued that the new safeguards, which take effect Monday, meet and in some respects exceed the standards of the Flores settlement. Judge Gee largely agreed, but made exceptions for facilities for children with more complex needs.
“It is disappointing and premature to allow partial termination before the federal government has established an alternative to the crucial protections offered by state licensing,” said Children’s Rights Deputy Director of Litigation Leecia Welch. Furthermore, she stressed the importance of maintaining independent oversight mechanisms to ensure the well-being of migrant children.
Despite criticism, the Biden administration maintains that the new HHS regulations, which include the creation of an independent ombudsman and the establishment of minimum standards in temporary emergency shelters, are sufficient to protect minors. These measures will also formalize advances in review protocols for the release of children to families and sponsors and for the provision of legal services.
Of the 13,093 beds operated by HHS, more than half are in Texas, a state that has been particularly affected by the increase in unaccompanied minors. Judge Gee rejected the suggestion to stop sheltering children in Texas and Florida, calling it “impractical and potentially harmful” to minors.
“Although these appear to be measures similar to those in the Flores Agreement, the lawyers argue that third-party oversight for centers housing children would be eliminated, which is problematic given that this government has not been able to adequately handle the migration crisis, affecting the massive influx of minors across the border,” said immigration expert Maria Herrera Mellado.
Judge Gee’s ruling marks a turning point in the oversight of the care of migrant children, and its impact will be felt in the coming months as the new regulations are implemented and their effectiveness in protecting the most vulnerable children in the U.S. immigration system is evaluated.
Source: With information from AP
