District Judge Dolly Gee criticized the Trump administration for putting children’s health at risk through its policy of prolonged detention of families. Gee ordered the government to release the children before July 17 confined in three centers in Texas and Pennsylvania.
The order will be applied to all children who have been detained for more than 20 days, who must be released together with their parents or, failing that, with a foster family.
Some of them have been in detention since last year.
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Family detention centers are “on fire” “and there is no more time for half measures”, wrote the judge in her opinion.
In May, ICE reported that there was 184 children in these three detention centers. This is a different group than minors who cross the border without the company of a parent or guardian. About 1,000 unaccompanied children have been housed in shelters of the Department of Health and Human Services.
Gee oversees a court settlement from the 1970s known as the Flores agreement, which establishes how the Government should treat minor migrants in custody, among other obligations, not to detain them for more than 20 days.
Human rights activists argue that ICE should release all families from detention, especially since the coronavirushas spread rapidly in their centers.
In court filings revealed Thursday, ICE said that 11 children and parents tested positive for COVID-19 at the family detention center and Karnes City, Texas.
More than 2,500 people in ICE custody have tested positive for the disease. The agency says it has released at least 900 people it believes have increased medical risk and reduced population in its three family detention centers. But in documents filed with the court last month, the federal agency said it believed that most people in family detention were at risk of flight because they had pending deportation orders or cases under review.