FILE – In this Sunday, June 17, 2018 photo provided by U.S. Customs and Border Protection, people who were taken into custody related to cases of illegal entry into the United States, sit in one of the cages at a facility in McAllen, Texas. On Wednesday, June 20, 2018, The Associated Press has found that stories circulating on the internet that President Barack Obama did not oversee the separation of 90,000 migrant children and their parents at the U.S. border are untrue. (U.S. Customs and Border Protection’s Rio Grande Valley Sector via AP)

 

Central to that political fight is something known as the Flores Settlement Agreement (FSA).

The FSA, which is a consent decree between the US Justice Department and a class of plaintiffs lead by Jenny Lisette Flores, requires the government to hold minor detained illegals in the least restrictive setting. In Flores’s case, she had been held in a detention facility with adults of both sexes. The consent decree was never intended to be permanent but our black-robed overloards have seen it differently.

…The law actually requires that these people be detained under most circumstances and does not place a time constraint on the detention, nor does it make exceptions for children. The constraint on holding children in certain facilities emanated from a court settlement that began in the 1980s and crystalized in 1997 as a temporary arrangement until 45 days after government promulgates a permanent regulation defining the parameters of the holding facilities for children along safe and sanitary guidelines laid out in the settlement.

Until now, courts have lawlessly “legislated” a 20-day deadline for holding children without such certified facilities or else they have to be released. Moreover, Judge Dana Sabraw created a new edict last year contrary to law that children can’t be released alone once they come with an adult and that the adult must be released with them. Thus, the expansion of Flores and Sabraw’s ruling spawned the worst period of migration in our history, where primarily one adult would come with one child, the perfect scam.

Last night, the White House revealed–in a scoop to The Daily Caller–that the administration would roll out a rule change to eliminate the FSA.

The Trump administration is seeking to terminate the Flores settlement, an immigration-related court order that prevents most migrant family units from being held in detention centers for more than 20 days, the Daily Caller has learned.

Eliminating the Flores settlement would allow the U.S. government to hold migrant children and their families indefinitely while they await court proceedings. The 1997 Flores v. Reno decision by the Supreme Court laid out specific conditions under which unaccompanied migrant children could be held in detention, and was later expanded to place time restrictions on the detention of migrant children accompanied by family members.

The new rule is expected to be rolled out during a Department of Homeland Security (DHS) press conference on Wednesday morning.

“The Administration is closing one of the legal loopholes that has allowed human traffickers and smugglers to exploit our vulnerabilities at the southern border,” a senior administration official told the Daily Caller. “President Trump has made it clear that he’s going to secure America’s border at all cost and this rule plays a vital role in the strategy to restore the integrity to our immigration system and our national security.”

Now it is official

(Read the whole press release)

The left’s outrage meter is pegged in the red zone:

In a stunning escalation, the Trump administration announced Wednesday that it will abrogate a decades-old legal agreement in order to indefinitely detain immigrant families.

The proposed termination of what’s known as the Flores agreement is President Donald Trump’s most aggressive—and most legally suspect—attempt to circumvent legal protections for undocumented children since his disastrous “zero-tolerance” policy resulted in the separation of thousands of immigrant families.

This rule fulfills the requirements of Flores by agreeing that detention facilities will not be restrictive. In theory, this should be case closed. In reality, because the overseeing judge is in lawfare country in the Ninth Circuit, it will inevitably be delayed by court action. Ultimately, I believe the administration will prevail because the FSA really just requires the government to hold unaccompanied minors in the least restrictive setting and the various time limits are simply imposed by judges acting outside their authority but who have been kowtowed to by this an other administrations because of lack of imagination.

Daniel Horowitz, who is never quite happy with anything, points out the costs of this abrogation of authority on the part of the executive branch dating back to the Clinton Administration (if you want some real outrage dialed up to 11, give the link a click).

It’s truly difficult to overstate the evil that expanded Flores has done to our security, our fiscal solvency, and Latin American children. By creating a huge market incentive to exploit children for mass migration by adults, it has:

Indeed, even if the wave were to end today, we will likely be seeing the effects of the crime wave and fiscal cost for years to come.

But to gauge the significance of this you only have to look at the people who oppose it:

https://twitter.com/RepDianaDeGette/status/1164254632912314369

Love the butthurt in this thread

If the road to Hell is paved with good intentions then our judiciary has constructed a 98-lane superhighway with a downhill 60-degree grade heading straight into the Ninth Circle and let the open borders advocates and corrupt judges fuel the car with nitromethane and hit the accelerator. Walking away from the FSA will not be quick and it will not be a panacea but it is at least an attempt to pop the drogue chute.

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