The Trump regime is officially throwing out the Flores settlement rules on detaining migrants, asylum-seekers, and undocumented who cross the border and now says anyone who does enter the country without documentation can be held indefinitely.
The Trump administration unveiled a regulation on Wednesday that would allow it to detain indefinitely migrant families who cross the border illegally, replacing a decades-old court agreement that imposed a limit on how long the government could hold migrant children in custody and specified the level of care they must receive.
The White House has for more than a year pressed the Department of Homeland Security to replace the agreement, known as the Flores settlement, a shift that the administration says is crucial to halt immigration across the southwestern border.
The new regulation, which requires approval from a federal judge before it can go into effect and was expected to be immediately challenged in court, would establish standards for conditions in detention centers and specifically abolish a 20-day limit on detaining families in immigration jails, a cap that has prompted President Trump to repeatedly complain about the “catch and release” of families from Central America and elsewhere into the United States.
“This rule allows the federal government to enforce immigration laws as passed by Congress,” Kevin K. McAleenan, the acting secretary of homeland security, said in a statement. He called it a “critical rule” that would allow the government to detain families and maintain the “integrity of the immigration system.”
The administration proposed the rule last fall, allowing the public to comment on the potential regulation. It is scheduled to be published this week in the Federal Register and would take effect 60 days later, though administration officials concede that the expected court challenge will probably delay it.
Under the new rule, the administration would be free to send families who are caught crossing the border illegally to a family residential center to be held for as long as it takes for their immigration cases to be decided. Officials said families cases could be resolved within three months, though many could drag on much longer.
Trump administration officials — who briefed reporters on Tuesday night on the condition of anonymity to discuss the plans — said that many of the families would be detained until they were either released after being awarded asylum or they were deported to their home countries. Some families might be awarded parole to leave the facilities while the courts decide their fate.
The 20-day limit has been in place since 2015, a legal outgrowth of a 1997 court-ordered consent decree after a federal class-action lawsuit alleged physical and emotional harm done to immigrant children held for extended periods of time in the detention facilities.
Previous administrations tried to change the rules for detaining children in efforts to reduce surges of migrants crossing the border. Mr. Trump’s homeland security officials have repeatedly said that limiting the detentions of entire migrant families has driven the surge of Central American families who crossed the border this year.
The officials said on Tuesday that enacting the new regulation would send a powerful message that bringing children to the United States was not “a passport” to being released from detention.
They predicted that the rule would cause a significant decrease in the number of families trying to cross into the United States illegally, reducing the need for more family residential centers.
Withdrawing from the consent decree has also been a personal objective for Stephen Miller, the architect of Mr. Trump’s immigration policy. Delays in finishing the new regulation had prompted Mr. Miller to lash out at senior homeland security officials, who were ousted from the department.
This is all according to plan. Stephen Miller and his ghoul squad know full well that with the Trump regime doing everything they can to make immigration courts as awful as possible, under these new rules families will be detained in cages for as long as necessary to deport them, all while private prison companies get paid handsomely to house them like animals in the pound.
The results will be overcrowded and filthy concentration camps, broadcast to the world to let everyone know what awaits them under America's new management.
Meanwhile, ICE will continue raids to find undocumented bodies to fill these facilities and keep the deportation machinery packed until Congress relents and gives Trump the power he wants for mass deportations, and Trump made that clear this afternoon.
President Trump said he’s looking into ending birthright citizenship for the children of non-citizens.
Speaking outside the White House Wednesday, Trump told reportershe plans to do away with the constitutional right, which he called “frankly ridiculous,” through an executive order. This isn’t the first time he’s made that claim: In 2018, he told Axios he had plans to issue an executive order preventing automatic citizenship for the children of non-citizens, including undocumented immigrants, but nothing came of it.
“We’re looking at that very seriously, birthright citizenship, where you have a baby on our land. You walk over the border, have a baby — congratulations, the baby is now a U.S. citizen.”
It’s unclear whether an executive order is currently in the works, but it’s likely that any attempts to end birthright citizenship would be challenged in the courts, since the 14th Amendment to the Constitution grants the right to “all persons born or naturalized in the United States.”
Trump has repeatedly railed against so-called “anchor babies,” a derogatory term for the U.S.-born children of undocumented immigrants. The president has also claimed that migrants come to the U.S. specifically so they can give birth to natural-born citizens. In the 2018 Axios interview, Trump said he had discussed ending birthright citizenship with his legal team.
More likely, Trump will seize that power anyway for mass revocations of citizenship for "undesirables" leading to huge ICE roundups, and indefinite detentions. All he needs is the Roberts Court to sign off.
We call that "ethnic cleansing".
This is his 2020 reelection strategy.