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Court Rules Child Migrants Must Be Released From Detention

Court Rules Child Migrants Must Be Released From Detention

The U.S. Ninth Circuit Court of Appeals recently upheld the 2015 decision of the U.S. District Court in Los Angeles, in which Judge Dolly Gee found that migrant children being held with their families in detention should be released quickly. In other words, the government cannot detain immigrant children for lengthy periods of times in unlicensed, locked down facilities. The Court, however, did not address how to handle the parents of those children who are also being held in family detention centers, and rejected the suggestion that accompanying parents or family members of these children also should be released. This case was based on alleged violations of the Flores agreement, which set forth legal requirements for the detention and housing of children who are seeking asylum or are present in the country illegally. The federal district court in this case found that the government did violate certain key provisions of the Flores agreement, rejecting the government’s argument that the agreement applies only to unaccompanied migrant minors, not those who are accompanied by parents or other family members. It remains unclear what actions the federal government will take as a result of this court decision. For now, federal officials and attorneys who represent the immigrant children are attempting to negotiate a settlement about the living conditions of children detained at Border Patrol stations. These children repeatedly must sleep on concrete floors with a light blanket, and have no access to clean clothes. Hundreds of parents and children are currently detained at three family detention centers, two in Texas, and one in Pennsylvania. The rapid expansion of these facilities occurred on an emergency basis as a previously unparalleled number of Central American women and children were illegally entering the United States. The skilled and knowledgeable immigration lawyers of Landerholm Immigration, A.P.C. are here to get immigrants released from detention and defend them against removal from the country. We handle these types of cases on a regular basis and have valuable knowledge about how to best represent your interests, based on your individual circumstances. By contacting our office right away, you will place yourself in the best position possible to have loved ones released from detention and defend again potential removal from home and family.

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