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California has opened another front in its legal battle with the Trump government regarding immigration policies on Monday, while officials have announced a federal lawsuit challenging a new rule allowing unlimited detention of migrant children and children. their families.
The lawsuit filed in 19 states, filed in the US District Court of California Central District and co-headed by Massachusetts, was unveiled by Governor Gavin Newsom and State Atty. General Xavier Becerra, who blamed the president for failing to consider a court settlement agreement limiting detention of children to 20 days.
"No child deserves to be left in inappropriate and harmful conditions for his age," said Becerra Monday. "The actions of this administration are not only morally reprehensible, they are illegal. Children do not become sub-men simply because they are migrants. "
As the state with the largest number of immigrants in the country, including 2.2 million illegal residents in the United States, California authorities regularly clashed with Trump for severely repressing migrants, including asylum seekers.
The lawsuit is California's 57th lawsuit against the Trump administration, 13 of which concern immigration policies, including a dispute over the funding of a new border wall.
"If you go through the list, we are responding to this unprecedented attack on the rule of law and due process in this country," Newsom said.
Immigration issues have been a strong point between Trump and California. The administration sued the state in
March 2018 to invalidate California sanctuary laws restricting police enforcement cooperation, although a federal judge later joined the state.
The last lawsuit is over. The new regulations put in place last week will come into effect in two months unless they are blocked by the courts. States argue that the rules undermine the 1997 Flores settlement, including the assumption that all children are eligible to be released into the community.
Acting Secretary of Homeland Security Kevin McAleenan said that the Flores Accord, which had been strengthened in 2015, was responsible for the influx of Central American families. arriving at the US border and argued the new rules.
discourage migration.
"The defining factor of this crisis is the weakness of our immigration legal framework," McAleenan said last week. "This unique settlement has caused and continues to fuel the current crisis of family units … until today."
Trump said last week that the policy change was underway for humanitarian reasons.
"I have a lot of kids in mind. It bothers me a lot, "said the president to the press. "When they see that you can not enter the United States, they will not come. And many people will be saved. The lives of many women will not be destroyed. "
Newsom told reporters at a morning press conference at the Department of Justice on Monday that the suggestion that Trump was acting on behalf of the children is "laughable and ridiculous".
"The policies of this administration exacerbate early childhood trauma by young children, seven people, who lost their lives," Newsom said.
The lawsuit announced Monday says the new policy undermines states' ability to help protect the health, safety and well-being of children by undermining state licensing requirements. places of detention. The complaint also states that the Trump administration rule will result in a large expansion of detention centers for families, which are not state-approved facilities and which cause more trauma to children.
The lawsuit indicates that the rule will lead to prolonged detention of children, with significant negative consequences for long-term health.
The new policy also violates the regular procedure clause of the Fifth Amendment to the US Constitution, states argue.
Officials say regulations remove protections guaranteed by Flores This settlement was the result of a class action brought in a California federal court alleging conditions of detention below the standards applicable to unaccompanied immigrant children.
This trial,
named for the migrant Jenny Lisette Flores,
found before the United States Supreme Court before the federal authorities reached an agreement in 1997. This agreement provided for the release of children "without unnecessary delay" to their parents, legal guardians, persons designated by their parents or an approved program ready to accept custody, Becerra said.
"It's an assault on the Flores decision," Newsom said last week in an interview with CNN.
"Obviously, I think the courts will reject it," said the governor, adding that "California will again impose itself in court."
A legal expert has doubted the case of California.
According to Professor Robert Pushaw, a law professor at Pepperdine University, Congress has delegated power over immigration policy to the president, adding that federal law predicts state law, including "police power". States to protect public health, safety and welfare.
Pushaw said that unless the new rule fails to comply with administrative procedures to change regulations, "the lawsuit of states will likely fail if it reaches the United States Supreme Court".
However, he added, "it is quite possible that a lower federal court gives states a temporary victory, finding that the Trump administration deprives immigrant children of freedom without granting them prior to due process. "
Monday's lawsuit took place a month after California and other states filed lawsuits because children were detained for weeks without access to basic necessities, such as soap and water. clean, toothbrushes, showers or a place to sleep, said the Attorney General.
The District of Columbia and 18 other states, in addition to California, are also part of the lawsuits: Massachusetts, Connecticut, Delaware, Illinois, Maine, Maryland, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, Oregon , Pennsylvania, Rhode Island, Vermont, Virginia and Washington.
Becerra also announced that it had requested Monday a preliminary injunction to suspend the application of a new "indictment" rule that could deny green cards to immigrants receiving public support, including coupons. Food, Medicaid and housing vouchers.
California's track record of prosecuting Trump on immigration issues is mixed. Previously, the state had obtained the injunction to block the end of a program that deferred the deportation of immigrants brought to the United States as children. California is also appealing a court decision against state efforts to block the construction of a border wall.
The Trump administration dropped plans to ask a citizenship question in the US census after California sued.
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