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Matthew Kolken on Deportation And Removal

Federal Judge Orders Release of Immigrant Children held in 電eplorable conditions"

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United States District Court Judge Dolly M. Gee ruled late last Friday that the Obama administration's policy of jailing immigrant women and children in deportation internment camps is unlawful and breaches a 1997 settlement agreement that requires the government to minimize the detention of children, and that they are instead locking children in unlicensed deportation jails where they are exposed to 塗arsh, substandard conditions and treatment.

The Obama administration has been ordered to explain why the following remedies should not be implemented within 90 days of the Court's order. They have been given until August 3, 2015 to file a response.

Here are the remedies ordered by the Court:

1. As required by Paragraph 18 of the Agreement, Defendants, upon taking an accompanied class member into custody, shall make and record prompt and continuous efforts toward family reunification and the release of the minor pursuant to Paragraph 14 of the Agreement.

2. Unless otherwise required by the Agreement, Defendants shall comply with Paragraph 14A of the Agreement by releasing class members without unnecessary delay in first order of preference to a parent, including a parent who either was apprehended with a class member or presented herself or himself with a class member. Class members not released pursuant to Paragraph 14 of the Agreement will be processed in accordance with the Agreement, including, as applicable, Paragraphs 6, 9, 21, 22, and 23.

3. Accompanied class members shall not be detained by Defendants in unlicensed or secure facilities that do not meet the requirements of Paragraph 6 of the Settlement, or in appropriate cases, as set forth in the Agreement, in facilities that do not meet the requirements of Paragraphs 12A, 21, and 23. Defendants shall not selectively apply the 妬nflux provision of Paragraph 12C of the Agreement to house class members apprehended with a parent in facilities that do not comply with the Agreement.

4. To comply with Paragraph 14A of the Agreement and as contemplated in Paragraph 15, a class member痴 accompanying parent shall be released with the class member ina non-discriminatory manner in accordance with applicable laws and regulations unless after an individualized custody determination the parent is determined to pose a significant flight risk, or a threat to others or the national security, and the flight risk or threat cannot be mitigated by an appropriate bond or conditions of release.

5. In consultation with Plaintiffs, Defendants shall propose standards, and procedures for monitoring compliance with such standards, for detaining class members in facilities that are safe and sanitary, consistent with concern for the particular vulnerability of minors, and consistent with Paragraph 12 of the Agreement,including access to adequate drinking water and food, toilets and sinks, medical assistance if the minor is in need of emergency services, temperature control,ventilation, adequate supervision to protect minors from others, and contact with family members who were arrested with the minor. Defendants shall file such proposed standards within 90 days of the date of this Order. Plaintiffs shall file objections thereto, if any, 14 days thereafter.

6. Defendants shall monitor compliance with the Agreement and this Order and shall provide Class Counsel on a monthly basis statistical information collected pursuant to Paragraph 28A of the Agreement.

Click here for a complete copy of the Court's order.

In related news, a former employee at the Karnes, Texas deportation internment camp reveals that the medical unit was used as a way to punish immigrant mothers by isolating them from their children. It has also been reported that medical reports were falsified, and a psychologist acted as an informant to the Obama administration. The whistleblower described the abuse of immigrant women and children in the facility as being "tantamount to torture.

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Updated 07-28-2015 at 08:14 AM by MKolken

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