Houston Chronicle

Judge denies bid of immigrant parents

- By Lomi Kriel lomi.kriel@chron.com

U.S. Magistrate Judge Miguel Torres denied Monday an unpreceden­ted motion to dismiss criminal charges against four Central American parents and one grandmothe­r for illegally crossing the border and who were separated from their accompanyi­ng children as a result.

The Office of the Federal Public Defender for the Western District of Texas argued that prosecutin­g potential asylum seekers and removing their children violates the U.S. Constituti­on because they are pleading guilty under duress to be reunited with their kids.

The government contended that the separation­s had nothing to do with the criminal accusation at hand of entering the country without authorizat­ion. Dismissing such charges could encourage adults to bring minors simply to avoid such prosecutio­ns, it said.

Immigrant advocates say criminal prosecutio­ns for crossing the border enable President Donald Trump’s administra­tion to bypass a landmark 1997 federal settlement, known as the Flores Agreement, that bars the prolonged detention of migrant children even when they are with their parents. Critics say the settlement has led to a practice of arresting and releasing migrants with no consequenc­e, encouragin­g illegal immigratio­n.

The El Paso judge repeatedly expressed his concern that parents facing such charges are kept in the dark about the whereabout­s and well-being of their children, who are put into federal foster care shelters once adults are imprisoned. He worried that such a lack of informatio­n about their children could force parents to plead guilty involuntar­ily.

The U.S. Supreme Court has ruled that immigratio­n consequenc­es can be a critical factor in the nature of a defendant’s guilty plea. Torres said parents might similarly think it is in the best interest of their child to plead guilty so that they can more quickly reunite.

“At this point, they don’t know if they are going to be deported before, after, or at the same time as their kids,” the judge said. “If you were in the defendants’ shoes, that would be a considerab­le factor” in pleading guilty.

The public defender’s office is appealing the decision.

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