Homeland Security Secretary Jeh Johnson on Wednesday announced a new policy that will make it easier for illegal immigrant families to be released from federal detention facilities.
Johnson said the policy change is the result of his recent visits to detention centers that hold immigrant families. He said he no longer believes long-term detentions should be happening at all once families demonstrate they are seeking asylum, and fleeing to the United States to avoid persecution at home.
“I have reached the conclusion that we must make substantial changes in our detention practices with respect to families with children,” he said in a statement describing the steps. “In short, once a family has established eligibility for asylum or other relief under our laws, long-term detention is an inefficient use of our resources and should be discontinued.”
It’s a move that was already drawing criticism from congressional Republicans, who have said for years that the Obama administration is going too easy on illegal immigrants. One GOP staffer told the Washington Examiner that easing detention rules would only create more incentive for illegal immigrants to cross the border, including dangerous illegal immigrants.
“This is insane,” the staffer said. “Does Jeh Johnson really think ISIS won’t take notice?”
One of the changes DHS has made would let families be released from detention “with an appropriate monetary bond or other condition of release.” This new option would be available for families that are “successful in stating a case of credible or reasonable fear of persecution in their home countries.”
Johnson said he’s also approved steps to ensure the bond amounts are set at levels that are “reasonable and realistic, taking into account ability to pay, while also encompassing risk of flight and public safety.” Another part of the plan is to make sure interviews with illegal immigrants about whether they show “reasonable fear of persecution” take place more quickly.
DHS didn’t respond to questions from the Washington Examiner about the details of these policies, such as how much bond amounts might be.
“In substance — the detention of families will be short-term in most cases,” DHS said. “During that time, we will have the opportunity to confirm accurate address and sponsor information so that ICE can more effectively monitor and ensure compliance with immigration obligations.”
“During that time, families will also receive education about their rights and responsibilities, including attendance at immigration court hearings and other reporting requirements,” it added.
While the new policy could lead to the faster release of immigrant families seeking asylum, DHS stressed that it could also lead to removal of those people who cannot state a claim of relief under U.S. law.
“[C]ontinued use of family residential centers will allow for prompt removal of individuals who have not stated a claim for relief under our laws,” it said.
DHS announced in May that it was undertaking reforms on the issue of detention, including reviewing whether detention after 90 days is still appropriate, and ensuring that immigrants have access to legal counsel and educational services for immigrants.
