A District Court Judge in California issued a ruling recently
attacking the Obama administration’s family detention policy, arguing that the
policy violates parts of an eighteen-year-old court settlement regarding the
detention of immigrant children. The ruling is just tentative at this point,
and was issued by the judge along with an order that the two sides negotiate a
settlement.
Judge Gee, who issued the proposed ruling, asserts that children
and mothers in family detention cannot be held in unlicensed secure facilities
like those that currently exist in Karnes City and Dilley, Texas. The ruling
also states that it is inappropriate to hold a child and his or her
accompanying parent in detention unless there is a flight or safety risk. Most
of the families in these detention facilities are being held without bond. The
speed at which judges are hearing cases in these facilities also impedes access
to attorneys.
Hopefully this ruling will take effect, or both sides can
negotiate a settlement before the order becomes final. At the very least, this
is an important step in drawing attention to the inhumane conditions that exist
at these facilities and the recurrent due process violations.
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