Immigration News Latest: Obama Administration Defends Immigrant Detention Policy Despite Court Order

By Michael Oleaga Aug 12 2015, 14:35 PM EDT

President Barack Obama and his administration are facing criticism for continuing immigrant detention policies despite a court ruling stating the detention of immigrant women and children violates a 1997 settlement agreement.

U.S. District Judge Dolly M. Gee's ruled against the detainment of immigrant women and children last month, stating the federal government violated the 1997 Flores v. Reno settlement that prohibited the detainment of migrant parents and children together unless there's a significant flight risk or public safety threat. Gee told the U.S. Department of Homeland Security (DHS) to provide her with reasons why she should not consider the release of current detained migrants by Aug. 3.

The Obama administration finally responded to Gee, on Aug. 6, and defended the use of immigrant detention. According to court documents, the potential elimination of expedited deportation "could cause another notable increase in the numbers of parents choosing to cross the border with their children." The Obama administration referred to the 2014 fiscal year, when more than 68,400 immigrants, namely children with a parent or legal guardian were apprehended. For the 2015 fiscal year so far, the Obama administration claimed border patrol agents apprehended 24,901 family members, which represent a 55 percent decline from 2014.

The federal government requested Gee reconsider her decision.

The American Civil Liberties Union (ACLU) stated the DHS has heavily increased its use of family detention. The ACLU noted family detention bed capacity increased from less than 100 beds to more than 3,000 beds since June 2014.

"Despite the president's stated commitment to child protection and international human rights obligations, this administration continues to incarcerate children and mothers who have fled persecution and violence in Central America," ACLU Legislative Counsel Joanne Lin said in a statement, adding that the Obama administration has ignored the federal court order and the demands by Congress.

As Latin Post reported, 178 House Democrats penned a letter to DHS Secretary Jeh Johnson to end family detention. The letter came after Gee's ruling and after eight House Democrats visited two immigrant detention centers in late May.

In response to the Obama administration request to continue family detention, Rep. Luis Gutierrez, D-Ill., Rep. Lucille Roybal-Allard, D-Calif., and Rep. Zoe Lofgren, D-Calif., released a joint statement that shared their disappointment with the administration. The three House Democrats acknowledged detention facilities have shown to cause harmful health effects and called for alternatives to jail.

"The writing is on the wall -- family detention is unacceptable, un-American, and will end. Rather than fight the court's ruling, the right and moral response is to swiftly take the necessary steps to bring our nation's detention policy in line with the Flores settlement agreement," read the joint statement by Gutierrez, Lofgren and Roybal-Allard.

"There is no system of mass family detention that is consistent with our historic commitments to protecting children and providing refuge to those fleeing persecution. Children should never be detained. The time has come to end mass family detention once and for all," added Lin.

Meanwhile, immigration reform legislation will likely not occur with the current 114th Congress. During a press conference on Aug. 6, Senate Majority Leader Mitch McConnell, R-Ky., said bipartisan comprehensive immigration reform will not happen until the next Congress and different president in 2017. McConnell blamed Obama for the congressional inaction, specifically for the president using his executive authority to introduce deferred action programs.

Be part of the conversation and provide your opinion on this topic for Latin Post's "¿Que Dices?" series. Email your video or written response to opinion@latinpost.com and it may be shared in future "¿Que Dices?" content.