Federal Judge Rules in Favor of Detained Immigrant Children and Against the Trump Administration

Los Angeles Judge Dolly Gee ruled last Friday that protections for immigrant children and young people under the age of 18 must continue, protections that have been in place for almost 30 years to protect children in immigration custody.

The judge's decision is considered a victory for minors. This is the second time Trump has tried to eliminate these protections, known as the Flores settlement, named after the young girl in the initial lawsuit many years ago. As the judge said, “There is nothing new under the sun in terms of the facts or the law. Therefore, the court could deny the defendants' motion on that basis alone,” also because in the current situation, young people need protection.

The Trump administration tried to argue that it had made substantial changes since the 1997 agreement, and although Gee acknowledged that the government has improved some conditions for children in ICE custody, she said, “These improvements are direct evidence that the Flores Agreement is fulfilling its intended purpose, but to suggest that the agreement should be abandoned because some progress has been made is nonsense.”

Trump's lawyers said the agreement interferes with his plans to increase detention space for families, as Trump has allocated billions of dollars to build new immigration facilities, but the judge said the Flores Agreement ensures that children are protected and must continue.

The Trump administration will most likely appeal the judge's decision to a higher court, but it is unlikely to change since the Flores decision is many years old. This is another example of how intransigent the Trumpers have become. The good news is that the judge was firm in her decision to protect the children, putting a pause on the Trumpers' aggressiveness in wanting to harm immigrant children.

DETAINED IMMIGRANTS ARE UNDER A LOT OF PRESSURE

During my visits and conversations with immigrants detained in both Battle Creek and the new North Lake detention center, I have heard many complaints that detained immigrants are being coerced. At North Lake, several immigrants staged a protest against false promises about when they will be released or returned to their countries.

The new North Lake center currently holds more than 500 detainees, well below its capacity of 1,800, although more people are arriving every week. The immigrants are upset because many of them have decided to accept their deportation with the idea that they will be returned to their countries in a few days, but instead they remain detained indefinitely or have been sent to other detention centers, going from prison to prison, while they continue to wait based on false promises that they will soon return to their countries.

Part of the problem is that they receive little or no response when they ask officials, especially those from the GEO Group, the company that runs the prison, since the decision of when they will be deported or have their court hearings depends on the ICE office and not on the company that runs the prison.

According to ICE officials, they will try to speed up the process, but so far there have been no changes, and detainees are rightly upset because they are being denied their right to a hearing in exchange for the promise of early release from prison, which is not true.

It is very important that before accepting deportation, people think carefully and, if possible, consult with a lawyer to find out if they really have a chance to defend themselves in court. Although winning the case is never 100% guaranteed, at least they will know their chances before simply accepting and signing the deportation order.

The same thing is happening in Battle Creek. Many immigrants are frustrated waiting to be sent back to their countries, and they also have problems with the guards. Recently, there was a confrontation between some detainees and guards due to the guards' attitudes, which ended in a physical fight where, unfortunately, the detainees always lose because they suffer reprisals, including criminal charges for which they can receive a prison sentence before being deported.

If you have relatives or friends who are detained by immigration, either at the Battle Creek prison or the GEO Group in Baldwin, and they have complaints about food, physical abuse, or any other problem, they should contact me at 616-235-4577 or groups such as the ACLU or any other group that protects immigrants.