In a bold move to rob human smugglers of their best sales pitch of a free ride into America, the Trump administration is announcing plans to keep all illegal migrant families together and in U.S. facilities during their immigration proceedings, according to officials.
The plan, to be announced Wednesday, closes a legal loophole that requires the release of illegal immigrants after 20 days in custody, a “catch-and-release” quirk of the U.S. immigration system that so-called coyotes and smugglers have used to sell their services for up to $10,000 a person.
Instead, families will be kept together in improved housing until their cases are decided.
The move, to be announced by acting Homeland Secretary Kevin McAleenan and Health and Human Services Secretary Alex Azar, would “terminate” the legal “Flores Settlement Ruling” by establishing new standards for caring for migrants and their children.
According to the administration, the ruling, recently enforced when a federal judge demanded that the administration provide toothbrushes to migrant kids, has resulted in a surge of families to the border who think they can wait out the 20-day period to gain release into the country on the promise that they will return to immigration courts when their case is called. Few do, according to experts.
The decision is likely to bring a storm of protest from pro-illegal immigration advocates and House and Senate Democrats, including the 2020 Democratic presidential candidates.
But the administration feels that it is making the right move and it believes it will crush human trafficking by cutting the biggest lure to the U.S.
Pro-reform advocates who have been critical of the 1997 Flores settlement heralded the administration’s move Tuesday night.
“This fix is arguably the single most important of the series of interlocking actions the Trump administration has taken to address the border influx,” said Jessica M. Vaughan, director of policy studies for the Center for Immigration Studies.
“This will make a big difference; one of the main incentives for people to come illegally with kids has been the guarantee of release after no more than a brief detention, and this will untie the government’s hands, and ensure humane treatment of the migrants as well. It was ludicrous that a single, overzealous judge has facilitated this influx, which has caused so many problems in so many American communities, so Trump is right to step in and negate her interpretation,” she said.
And she said it will face legal challenges, just like virtually every Trump move on immigration so far. “It’s been expected, and so no doubt the anti-borders advocacy groups have their lawsuits teed up already,” said Vaughan.
Trump has targeted loopholes that encourage illegal immigration. He said, “To protect these children from abuse, and stop this illegal flow, we must close these loopholes. This is an urgent humanitarian necessity.”
Under the plan, the administration will set national standards for family housing to make sure that they can stay together during immigration proceedings. It will “ensure” migrant children receive proper care while in custody.
Critics of Flores have claimed that smugglers use it to bring other illegal immigrants into the country by creating “fake families.”
The numbers are stunning. More than 430,000 illegal family units have been apprehended at the southern border since October, a 300% jump from all of last fiscal year. What’s more, there have been more family units apprehended in the last three months, 184,000, than all of last year.
The administration said that their change will not result in unending arrests. “This rule actually protects children from smugglers, traffickers, and ensures the government is using appropriate facilities to hold families together during their immigration proceedings,” said the administration.
While some will be kept past 20 days and the proceedings go on, “juveniles will now be able to be at the highest standard,” said the administration.
