Trump seeks indefinite hold on immigrant families

issued last week by a federal judge in San Diego, while not running afoul of a long-standing settlement agreement in the case Gee oversees.

In the San Diego ruling, U.S. District Judge Dana M. Sabraw ordered an immediate halt to the practice by immigration authorities of taking children from their parents. Sabraw was not swayed by the government’s claim that it needed to separate families to criminally prosecute adults for entering the country illegally.

The judge gave immigration officials 14 days to reunite children under 5 years old with their parents and 30 days to reconnect older kids with their families. In all, the government says more than 2,000 children who were taken from their parents since May remain in government custody.

For the government, complying with Sabraw’s order, however, is complicated by the Flores settlement, a 20-year-old legal agreement named after a Salvadoran teenager who was caught trying to cross into the country illegally and sued the government over the conditions she encountered while in custody. After years of legal wrangling, the Clinton administration settled the case in 1997 with an agreement that set rules for how the government can deal with immigrant children in its custody.

The settlement requires immigration officials to release children to relatives or other custodians “without unnecessary delay.” Before Friday’s filing, the Trump administration argued that requirement conflicted with the order issued in San Diego since the administration does not want to release any adults who crossed the border illegally while their asylum claims wind through immigration courts.

Until recently, the government released people with pending claims for asylum under supervision, allowing them to live in the U.S. until their asylum hearings. President Donald Trump has rejected that, calling it “catch and release.”

In the filing Friday, Justice Department officials took a new legal tack, arguing that the wording “without unnecessary delay” in the Flores settlement opened the door for the government to detain families together. Sabraw’s order to keep families together, they wrote, “makes delay necessary in these circumstances” and so permits keeping children in detention with their parents indefinitely.

Despite the claim that they had legal authority to detain families, in the filing the government reiterated a request it made to Gee last week that the judge modify the Flores settlement to give the government more flexibility as it carries out its hard-line immigration policies at the border.