States sue for removal of protections for immigrant children



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SACRAMENTO, Calif. (CA) – Nineteen states filed a lawsuit on Monday against the Trump government to amend a federal agreement that limits the length of time immigrant children are detained.

"We want to protect children from irreparable harm," said California Attorney General Xavier Becerra, announcing the trial he was co-directing with Massachusetts Attorney General Maura Healey. Both are democrats.

A 1997 agreement, known as the Flores settlement, stipulates that immigrant children must be kept in the least restrictive setting and generally should not stay longer than 20 days in detention.

The US Department of Homeland Security said last week that it would create new regulations on how migrant children are treated. The administration wants to remove the control of the courts and allow families in detention for more than 20 days. About 475,000 families have crossed the border so far this fiscal year, nearly three times the previous year 's record for families.

A judge must approve the proposed changes by the Trump administration in order to terminate the agreement. A legal battle is therefore expected from the lawyers of the case.

Judge Dolly Gee of the US District Court is unlikely to approve the amendments; it is his decision of 2015 that extended the application of the agreement of Flores to the children who came with their family. She ordered the Obama administration to release the children as quickly as possible.

Nevertheless, Becerra said California has a role to play in this case because the state is home to many immigrants.

"The federal government does not have the right to tell us how we are ensuring the well-being of the people of our state," he said.

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"Tent City" for immigrant children separated from their parents in Texas

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Immigrant children, many of whom have been separated from their parents under a new "zero tolerance" policy by the Trump administration, are staying in tents near the Mexican border in Tornillo , Texas, United States, June 18, 2018. REUTERS / Mike Blake TPX IMAGES OF THE DAY

Raymondville, USA: Photo of a $ 65 million futuristic tent city designed to accommodate approximately 2,000 illegal immigrants, presented April 10, 2006 in Raymondville, Texas. The new closed barbed wire camp in the Rio Grande Valley will detain illegal immigrants for weeks, if not years, until they can be returned to their home country by US authorities. . Photo AFP / Paul J. Richards (The photo credit should correspond to PAUL J. RICHARDS / AFP / Getty Images)

Immigrant children, many of whom have been separated from their parents under a new "zero tolerance" policy by the Trump administration, are shown walking in single file between tents in their concession near the border. Mexican in Tornillo, Texas, United States. June 18, 2018. REUTERS / Mike Blake

Immigrant children, many of whom have been separated from their parents under a new "zero tolerance" policy by the Trump administration, are housed in tents near the Mexican border in Tornillo, Texas, June 18, 2018. REUTERS / Mike Blake

Immigrant children, many of whom have been separated from their parents under a new "zero tolerance" policy by the Trump administration, are shown walking in single file between tents in their concession near the border. Mexican in Tornillo, Texas, United States. June 18, 2018. Photo taken June 18, 2018. REUTERS / Mike Blake

On this photo provided by the US Department of Health and Human Services, in Tornillo, Texas (United States), on June 14, 2018, we see the interior of a dormitory in downtown Tornillo, a shelter for the children of detained migrants. ACF / HHS / Handout via REUTERS Photo taken on June 14, 2018. ATTENTION TO EDITORS – THIS PICTURE WAS SUPPLIED BY A THIRD PARTY.

On June 18, 2018, immigrant children, many of whom were separated from their parents under a new "zero tolerance" policy by the Trump administration, march in single file between tents in their concession near the Mexican border at Tornillo, Texas. REUTERS / Mike Blake

Immigrant children, many of whom have been separated from their parents under a new "zero tolerance" policy by the Trump administration, are shown walking in single file between tents in their concession near the border. Mexican in Tornillo, Texas, United States. June 18, 2018. REUTERS / Mike Blake

The center of Tornillo, Tornillo, Texas (United States), June 14, 2018. The health and social services center of the United States of America houses the center of Tornillo, a shelter for children of migrants detained . 14 Photo ACF / HHS / Handout via REUTERS 14, 2018. ATTENTION TO EDITORS – THIS PICTURE HAS BEEN PROVIDED BY A THIRD PARTY.

Immigrant children, many of whom have been separated from their parents under a new "zero tolerance" policy by the Trump administration, are housed in tents by the Department of Homeland Security near the border Mexican in Tornillo, Texas, United States. June 18, 2018. REUTERS / Mike Blake

Immigrant children, many of whom have been separated from their parents under a new "zero tolerance" policy by the Trump administration, are shown walking in single file between tents in their concession near the border. Mexican in Tornillo, Texas, United States. June 18, 2018. REUTERS / Mike Blake

The center of Tornillo, Tornillo, Texas (United States), June 14, 2018. The health and social services center of the United States of America houses the center of Tornillo, a shelter for children of migrants detained . 14 Photo ACF / HHS / Handout via REUTERS 14, 2018. ATTENTION TO EDITORS – THIS PICTURE HAS BEEN PROVIDED BY A THIRD PARTY.




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California does not have a detention center housing migrant families. The Trump administration argued that, to the extent that no state allowed federal detention centers to permit, they wanted to create their own set of standards in order to meet the judge's requirements, which wanted the establishments are approved.

They said that they would be audited and that audits would be made public. However, Flores' lawyers are concerned that they will no longer be able to inspect the facilities and avoid being subject to strict licensing requirements.

Becerra echoed this argument, claiming that the removal of state authority over licensing centers could allow the federal government to establish centers in California or in others. States that do not meet basic standards of care.

Attorney General Bob Ferguson of Washington, also a Democrat, said that prolonged detention would have long-term repercussions on the mental and physical health of children and immigrant families.

"When we bring these children into our communities, state-run programs and services bear the brunt of the long-term consequences of the trauma experienced by these children in custody," he said.

California also sought Monday to end the Trump administration 's efforts, which could deprive immigrants of green cards enjoying social benefits.

Connecticut, Delaware, Illinois, Maine, Maryland, Michigan, Minnesota, Nevada, New Jersey, New Mexico, Oregon, Pennsylvania, Rhode Island, Vermont, Virginia, Washington and the District of Columbia join the prosecution.

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Associated Press reporters Colleen Long in Washington, DC, and Rachel La Corte in Olympia, Washington State, contributed to this story.

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