California will bring a multi-state lawsuit against the Trump administration to challenge a draft federal regulation to lift the court protections for young migrant detainees, allowing immigration authorities to detain children indefinitely – in neighborhoods that suit them.
The lawsuit, to be filed Monday in the US district court in the central district of California, challenges the rule of the Trump administration to invalidate the transaction of 1997 Flores, which sets the minimum detention rules for children migrants. He says that minors can not be detained indefinitely and that children should be placed in the least restrictive setting possible.
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California, along with 18 other states and the District of Columbia, argue that the rule would break the minimum protections for children. President Donald Trump and government officials face scrutiny and widespread public response to allow migrant children to be detained in unsafe and unhealthy conditions that health experts say and mental health, seriously affect their physical and mental well-being.
According to State Attorney General Xavier Becerra, the Trump Administration Rule risks prolonged detention that would cause irreparable harm to migrant children, their families and California communities who accept children after their release. freely. The complaint will argue that it violates the rights of migrants to due process and interferes with California's ability to meet their health, safety and welfare needs, undermining the ability of the community to meet their needs. State to ensure adequate conditions in detention centers.
Becerra, at a press conference Monday at the Justice Ministry, described the conditions as "prison."
"Too often they are detained without enough food, health or even medical care," said Becerra. "Children have been forced to dispense with basic hygiene products that we all take for granted, such as soap and toothbrushes, and are held in these conditions for much longer than necessary."
"The actions of this administration are not only morally reprehensible … they are illegal," Becerra added. "Children do not become sub-men simply because they're migrants."
The new federal rule, Becerra added, would also result in "the vast expansion of detention centers for families," which are not state-approved and "have historically caused increased trauma in children." He argues that prolonged detention would result in "significant long-term negative health consequences".
Governor Gavin Newsom, who joined Becerra to announce the lawsuit, said the decision to take legal action to protect the protections of the Flores settlements is personal to him as a father of four children. He also said that California is in a unique position because of the size of the immigrant population and the state's economy.
The state also sees the largest number of unaccompanied children – about 6,000 to 7,000 a year, according to officials at the Justice Department. They are placed in federally registered foster homes, state officials said.
"This is not something we have put on the Trump administration, but on the administration," Newsom said, noting that more than a quarter of California residents were born in the US. foreign. "This notion that you can intern children in this state is perverse, abusive and clearly constitutes a violation of Flores."
Newsom has sought to contrast with the President and the actions of his administration that could affect the health and safety of children. He has touted the state's attention to identifying childhood trauma that may occur later in life, with perverse consequences for health and potentially violence. The first mission of California surgeon general, Nadine Burke Harris, is to tackle what is called early "adverse childhood experiences".
"The administration's policies exacerbate the trauma experienced by young children in early childhood," Newsom said.
The lawsuit is the last front of the battle between the United States – California, home to the country's largest population of undocumented immigrants – and the president. It brings to 57 the number of lawsuits filed against the Trump administration. The President, Journalists have recently told reporters that the rule "would make it almost impossible for illegal immigration to our country", sought to limit the flow of migrants into the country, while thousands of people fled their countries of origin. origin in search of asylum in the United States.
Earlier this month, California sued the Trump administration to block a new federal immigration rule that penalizes regular immigrants who depend on public health care assistance programs, the government says. food and housing.
Mr Becerra said on Monday that he had also filed a temporary injunction to prevent Trump 's "impeachment" rule from entering into force. Newsom called the rule of public office "nothing more than the separation of the family under another name".
This report was first published on POLITICO California Pro on August 26, 2019.