Federal judge to consider a partial end to special court oversight of child migrants

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For 27 years, federal courts have held special oversight over custody conditions for child migrants.

FILE - This undated file photo provided by the Administration for Children and Families, a division of the Department of Health and Human Services, shows the shelter used to house unaccompanied migrant children in Tornillo, Texas. The Biden administration wants a judge to partially lift those powers on Friday, June 21, 2024 – The Biden administration wants a judge to partially lift those powers.

Court oversight gives advocates representing child migrants broad authority to visit custody facilities and conduct interviews with staff and other migrants. They may register complaints with Gee, who can order changes. Texas and Florida — led by Republican governors who are critical of unprecedented migration flows — revoked licenses in 2021, leaving what advocates describe as a void in oversight that endangers child safety.

Keeping court oversight for the Homeland Security Department would keep critical parts of Flores intact, including a 20-day limit on holding unaccompanied children and parents traveling with a child. Border Patrol holding facilities have experiencedWhen Flores took effect in 1997, caring for child migrants was within the full domain of the U.S. Immigration and Naturalization Service, which disbanded six years later with the creation of Homeland Security.

 

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