Trump Deputies Release Rule Closing Obama’s ‘Flores’ Catch-and-Release Loophole

Trump Deputies Release Rule Closing Obama’s ‘Flores’ Catch-and-Release Loophole

September 8, 2018

Neil Munro


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The regulation will help Trump fulfill his campaign promise to block illegal migration because it will allow officials to quietly detain migrant families together while judges assess their legal claims.


Few migrants can win their immigration or asylum claims, so the no-release process will likely deter many poor migrants — such as Guatemalan David Xol — from paying smugglers to help them seek jobs in the United States.

The 2015 Flores catch-and-release loophole allows migrants who bring their children to be released into the United States after just 20 days in detention. For example, the Texas Tribune reported that:

Xol said he brought [his seven-year-old child] Byron with him on the advice of a local smuggler, who told him that parents with children have an easier time getting into the country than adults traveling solo.

Once the Flores-replacement regulation is finalized and published in several months, it will be hammered by lawsuits and progressive judges. The rule will then be approved or rejected by the Supreme Court — unless a pro-migration Democratic President withdraws the rule in early 2021.

Elite pro-migration lawyers and wealthy progressives immediately promised to block the regulation, even though it would help nudge up Americans’ wages by reducing the labor inflow, and also reduce crowding in public schools by reducing the intake of foreign children and gang members. In 2017, for example, officials were forced to provide 400,000 work permits to unskilled migrants who were allowed into the country to claim asylum by President Barack Obama.

No way this is happening without a major battle. Get ready. https://t.co/ZNCewoHAg5
— (((Greg Siskind))) (@gsiskind) September 6, 2018

Progressives are portraying the new regulation as a plan to hold “immigrant children” in indefinite detention. For example, the Human Rights First group:

condemned the Trump Administration’s attempt to terminate the Flores Settlement Agreement, which limits the government’s ability to indefinitely incarcerate immigrant children and requires licensing by state child protection authorities of facilities that hold them. The organization notes that today’s proposed regulations are an attempt to strip legal protections from families and children seeking refuge in the United States.

The New York Times declared:

Trump Administration Moves to Sidestep Restrictions on Detaining Migrant Children

The Washington Post headline said:

Trump administration to circumvent court limits on detention of child migrants

The public is being invited to send their comments on the draft rules, during the next 60 days, to a federal website, ICE.Regulations@ice.dhs.gov.

The draft regulation was developed under Attorney General Jeff Sessions, who is rolling out a wide series of management reforms to rebuild control of the border. Sessions is proceeding carefully because he expects legal challenges.

Congress could impose much faster changes, but pro-migrant Democrats and business-first Republicans have blocked pro-Americans reforms. For example, they voted in February to block Trump’s Four Pillars immigration reforms.

Homeland defense Secretary Kirstjen Nielsen said:

Today, legal loopholes significantly hinder the Department’s ability to appropriately detain and promptly remove family units that have no legal basis to remain in the country. This rule addresses one of the primary pull factors for illegal immigration and allows the federal government to enforce immigration laws as passed by Congress.

The lengthy document says:

The rule would adopt in regulations provisions that parallel the relevant and substantive terms of the FSA [Flores Settlement Agreement], consistent with the HSA [Homeland Security Act of 2002] and TVPRA [William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008], with some modifications discussed further below to reflect intervening statutory and operational changes while still providing similar substantive protections and standards. It therefore would terminate the FSA. The rule would satisfy the basic purpose of the FSA in ensuring that all juveniles in the government’s custody are treated with dignity, respect, and special concern for their particular vulnerability as minors, while doing so in a manner that is workable in light of subsequent changes.

The long draft carefully picks its way through the tangle of laws, court decisions, and existing regulations to close up the loophole, step-by-step.

For example, the regulation says that the quality of federal family detention centers will be overseen by federal inspectors, not state inspectors, as required by the Flores decree, which was established by Judge Dolly Gee in 1997 and expanded in 2015. That switch from state to federal inspectors is vital because no state has created an agency to oversee family detention centers, so preventing the federal agencies from funding non-government family detention centers.

“The rule here would eliminate that barrier to the continued use of FRCs [family residential centers], by creating an alternative federal licensing scheme for such facilities,” said the regulation.

The new regulations will also only allow government officials to release young migrants to either parents or legal guardians. This rule enforces Congress’ law and ends an Obama-era practice of allowing officials to deliver smuggled children to people who say they are relatives of the migrants. Under rules set by Obama, and continuing under Trump, officials do not check if the recipients of the children are illegal immigrants.
The new post-Flores regulations complement Sessions’ reforms of asylum rules and his upgrade to immigration courts.

Sessions’ work is already producing a massive rise in the number of migrants who are facing deportation orders:

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Sessions is also forcing down the number and percentage of migrants who are defeating deportation enforcement. For example, this chart from a non-profit at Syracuse University shows how Sessions has halved the rate at which migrants win deportation cases, from roughly 56 percent in 2017 down to roughly 28 percent in 2o18.

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https://www.breitbart.com/2018-elect...ease-loophole/

Quote:

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Originally Posted by GeorgiaPeach

Once the Flores-replacement regulation is finalized and published in several months, it will be hammered by lawsuits and progressive judges. The rule will then be approved or rejected by the Supreme Court — unless a pro-migration Democratic President withdraws the rule in early 2021.

Elite pro-migration lawyers and wealthy progressives immediately promised to block the regulation, even though it would help nudge up Americans’ wages by reducing the labor inflow, and also reduce crowding in public schools by reducing the intake of foreign children and gang members. In 2017, for example, officials were forced to provide 400,000 work permits to unskilled migrants who were allowed into the country to claim asylum by President Barack Obama.

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Several months and hammered by lawsuits----more stall, delay, spinning the wheels, pretend to be doing something, while ignoring what really needs to be done.

STOP them before they enter, then you won't have to worry about waiting several months and being hammered by lawsuits, and you can even stop the charade you are doing now.

Need to close down refugee program and all asylum-seeking into the United States. We don't have to let anyone into the United States. ZERO. We can cut it all off. Vote Republican so we can reduce legal immigration, eliminate refugee and asylum programs, stop illegal immigration and deport every single illegal alien in the US including the removal of all of their minor children no matter where they were born. So much to do. So many Republicans needed to achieve it.

VOTE REPUBLICAN IN 2018!!!!

Quote:

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Originally Posted by Judy

Need to close down refugee program and all asylum-seeking into the United States. We don't have to let anyone into the United States. ZERO. We can cut it all off. Vote Republican so we can reduce legal immigration, eliminate refugee and asylum programs, stop illegal immigration and deport every single illegal alien in the US including the removal of all of their minor children no matter where they were born. So much to do. So many Republicans needed to achieve it.

VOTE REPUBLICAN IN 2018!!!!

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We already have a Republican President, and Republicans control both Houses. What good has that done? Hold those we have already elected accountable and STOP defending their doing nothing.

Then vote Dem if you think that's a better option for you. I love this President and Congress. I want more Republicans in Congress, lots more, so we have enough Republican votes to pass a lot of good bills we want but right now don't have enough votes and also get more funding for anti-illegal immigration programs especially rapid deportations to get these awful illegal aliens out of our country. If you want more of something else, that's your right.

VOTE REPUBLICAN IN 2018!!!!

Quote:

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Originally Posted by Judy

Then vote Dem if you think that's a better option for you. I love this President and Congress. I want more Republicans in Congress, lots more, so we have enough Republican votes to pass a lot of good bills we want but right now don't have enough votes and also get more funding for anti-illegal immigration programs especially rapid deportations to get these awful illegal aliens out of our country. If you want more of something else, that's your right.

VOTE REPUBLICAN IN 2018!!!!

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I know you love this President and Congress who has done nothing to STOP this invasion. I know you want to elect more R's, and seem to care less if they are like Yoder and many others who are only pretending to be an R.

Go vote D or go vote Hillary is what the cheerleaders have told anyone and everyone who has tried to hold this administration accountable.

I will not be voting D, but I will continue to try to get the message out that we have a country to SAVE and the R's need to be held accountable. I will not be showering praise on them when they do not deserve it!

The Trump administration can secure the borders. They can identify and charge millions of illegal aliens that are here now stealing identities. They can find visa over stays. The IRS, Social Security Administration, HHS, DHS can identify millions of illegal aliens committing fraud related to taxes and benefits, etc. and charge them. The Trump administration can stop shipping illegal aliens around the country at taxpayer expense. They can tell Mexico to stop illegal crossings or serious consequences. Business raids can be ramped up with employer penalties.

The border invasion must be addressed immediately. It is embarrassing, too.

It doesn't matter to me who you "shower praise" on, I praise Trump because to me it's been the most amazing positive America First results-oriented 19 months of a new Presidency in my life-time.

Trump and Yoder got an additional $5 billion into the DHS budget for the wall. If that gets passed and signed that will be a big deal for the Americans who want the wall. That's a lot of wall for one fiscal year. Hope it passes for those Americans who want it!!

:)

Quote:

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Originally Posted by GeorgiaPeach

The Trump administration can secure the borders. They can identify and charge millions of illegal aliens that are here now stealing identities. They can find visa over stays. The IRS, Social Security Administration, HHS, DHS can identify millions of illegal aliens committing fraud related to taxes and benefits, etc. and charge them. The Trump administration can stop shipping illegal aliens around the country at taxpayer expense. They can tell Mexico to stop illegal crossings or serious consequences. Business raids can be ramped up with employer penalties.

The border invasion must be addressed immediately. It is embarrassing, too.

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Yes, Georgiapeach in addition to it being the destruction of our country, and dangerous to us and our future generations, it is embarrassing!

I am angry and I am embarrassed that for months during the campaign I fell for and believed every word Trump said. I had hope that our country wasn't beyond fixing, could be fixed, and that Trump was just the man to fix it. Through his actions and inactions, I no longer feel that way, and have given up hope.

Until/unless more people wake up and hold Trump and the R's responsible, the future of our country is very dim. It has been conquered.

That's so sad. And what's sad about it is you are disappointed with the lowest unemployment rates in 50 years, over 4 million new jobs, 400,000 of them in manufacturing jobs, new trade deals with Mexico, South Korea, with more in progress with Canada and the EU, tariffs to rebuild our energy, coal, aluminum, and steel industries and start this huge task of balancing our trade deficits, massive tariffs on China, pulled US out of the climate accord BS, pulled US out the stupid Iran deal, cut taxes, eliminated the individual mandate on Obamacare, established association plans for self-employed and uninsured, cut regulations, brought many major industries back home, rebuilt our military, has a peace plan with North Korea in the works, ran ISIS out of Iraq, isolated ISIS to a remote province in Syria, established apprenticeship program to train American Workers, fixed the VA, passed two bills no one else could get passed to help our Veterans with good medical care, sent National Guard to the Border, fought 4 times and now a 5th for wall funding, declared war on Muslim terrorism entering the US on visas and green cards with the Travel Ban, attacked sanctuary cities, catch and release, got more immigration judges, more BP, tweaked and twacked to the extent possible, proposed 70 point immigration plan covering both illegal and legal immigration, got drilling through in ANWR, approved the pipelines, and hundreds of other things he gets no press on which are too many and numerous to list here. These are all things that most Republicans and most Americans for that matter want and appreciate. AT least I and all of my family does, even the few who voted for Hillary.

So Trump and the Republicans have done a great job, there's never been a more successful higher-achieving Pro-America Congress in my lifetime. And there is so much more to come.

So I'm not sure what you mean or want by claims of "holding them accountable" or "holding them responsible". The results account for themselves, they're huge and remarkable, and Republicans and President Trump are responsible for all of it.

Quote:

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Originally Posted by Judy

I praise Trump because to me it's been the most amazing positive America First results-oriented 19 months of a new Presidency in my life-time.

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The most positive for the invaders NOT the US Citizens.

Anything that's been positive for illegal aliens is because of Courts, not Trump or Republicans.

Quote:

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Originally Posted by Judy

That's so sad. And what's sad about it is you are disappointed with the lowest unemployment rates in 50 years, over 4 million new jobs, 400,000 of them in manufacturing jobs, new trade deals with Mexico, South Korea, with more in progress with Canada and the EU, tariffs to rebuild our energy, coal, aluminum, and steel industries and start this huge task of balancing our trade deficits, massive tariffs on China, pulled US out of the climate accord BS, pulled US out the stupid Iran deal, cut taxes, eliminated the individual mandate on Obamacare, established association plans for self-employed and uninsured, cut regulations, brought many major industries back home, rebuilt our military, has a peace plan with North Korea in the works, ran ISIS out of Iraq, isolated ISIS to a remote province in Syria, established apprenticeship program to train American Workers, fixed the VA, passed two bills no one else could get passed to help our Veterans with good medical care, sent National Guard to the Border, fought 4 times and now a 5th for wall funding, declared war on Muslim terrorism entering the US on visas and green cards with the Travel Ban, attacked sanctuary cities, catch and release, got more immigration judges, more BP, tweaked and twacked to the extent possible, proposed 70 point immigration plan covering both illegal and legal immigration, got drilling through in ANWR, approved the pipelines, and hundreds of other things he gets no press on which are too many and numerous to list here. These are all things that most Republicans and most Americans for that matter want and appreciate. AT least I and all of my family does, even the few who voted for Hillary.

So Trump and the Republicans have done a great job, there's never been a more successful higher-achieving Pro-America Congress in my lifetime. And there is so much more to come.

So I'm not sure what you mean or want by claims of "holding them accountable" or "holding them responsible". The results account for themselves, they're huge and remarkable, and Republicans and President Trump are responsible for all of it.

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and just who will reap the benefits of all those items you mentioned? The invaders will not the US Citizen, so you are happy for the invaders.

That is like painting a house that is falling down from a termite infestation, without addressing the termite problem.

Americans reap the benefits.

If you really want to do something about illegal immigration, you should work for Republican candidates in the midterms so we can keep majority in the House and get more Senators. We need both a majority in the House and 60 Republicans in the Senate to pass a bill on immigration or funding for immigration enforcement and a wall, we only have 51. That's why Trump tried to bribe some Democrats with the DACA Deal, to see if that would work, but his stakes were too high, and he wouldn't budge, nor would they, so the only solution was to focus on winning more Republican seats in the Senate while keeping the majority in the House and try again next year.

I noticed in another post on another thread, you revealed that you thought Republicans had 60 votes in the Senate now, but that it is a lie or an error, wrong in either case, because we do NOT have enough 60 votes in the US Senate, we only have 51, which is not enough votes to pass anything Democrats don't want, and Democrats don't want any immigration enforcement or effective border security, because they are open borders, more so now than ever before.

So you've been howling at the moon with a false narrative this whole time.

Quote:

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Originally Posted by Judy

Anything that's been positive for illegal aliens is because of Courts, not Trump or Republicans.

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Who writes the laws that lawyers and judges exploit? I like that Judge Kavanaugh chastised congress for cases that have to be determined by SCOTUS. If we don't want courts writing law, lawmakers need to write unambiguous laws so they don't need interpretation.

Quote:

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Originally Posted by jtdc

Who writes the laws that lawyers and judges exploit? I like that Judge Kavanaugh chastised congress for cases that have to be determined by SCOTUS. If we don't want courts writing law, lawmakers need to write unambiguous laws so they don't need interpretation.

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We need to pass the FairTax and shut down all these phony 501 C 3 "charity" frauds providing all the free legal work taking all these stupid cases to court.

Quote:

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Originally Posted by Judy

I noticed in another post on another thread, you revealed that you thought Republicans had 60 votes in the Senate now, but that it is a lie or an error, wrong in either case, because we do NOT have enough 60 votes in the US Senate, we only have 51, which is not enough votes to pass anything Democrats don't want, and Democrats don't want any immigration enforcement or effective border security, because they are open borders, more so now than ever before.

So you've been howling at the moon with a false narrative this whole time.

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I will not allow you to get by with this. Go back to that post and read again. Look for the word if.

Quote:

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Originally Posted by Judy

Americans reap the benefits.

If you really want to do something about illegal immigration, you should work for Republican candidates

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Why? if they are open borders and doing everything in their power to protect the invaders and this invasion, Why?

Is it because you are working to protect the invaders? You give the impression that you are.

Then vote for someone else. Like I've said, you're free to vote for whoever you want and frankly, I don't care who you vote for.

Quote:

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Originally Posted by Judy

We need to pass the FairTax and shut down all these phony 501 C 3 "charity" frauds providing all the free legal work taking all these stupid cases to court.

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You evaded answering the question I asked you: "Who writes the laws that lawyers and judges exploit?" https://www.alipac.us/images/icons/icon13.png

Quote:

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Originally Posted by Judy

Then vote for someone else. Like I've said, you're free to vote for whoever you want and frankly, I don't care who you vote for.

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Then quit urging everybody to vote for "R"s! Urge them to vote for the best candidate!

The best candidate is the Republican candidate.

SAVE OUR NATION. VOTE REPUBLICAN IN 2018!!!

Quote:

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Originally Posted by jtdc

Who writes the laws that lawyers and judges exploit? I like that Judge Kavanaugh chastised congress for cases that have to be determined by SCOTUS. If we don't want courts writing law, lawmakers need to write unambiguous laws so they don't need interpretation.

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A good example of that would be this---just passed---I am shocked this wasn't already the law and had to clarified.

It is still jibberish---in that they even have to commit a crime to be deported.

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The Community Safety and Security Act passed 247-152 and was introduced just a week ago by Rep. Karen Handel, R-Ga. The bill is a response to a Supreme Court ruling in April that said there's not enough clarity in federal law to charge immigrants with aggravated felony, because that determination is based on whether they committed a "crime of violence," a term found in another part of the federal code that isn't defined.
Under the bill, the term would be defined in a way that includes a range of offenses, including assault, voluntary manslaughter, attempted kidnapping, sexual assault, domestic violence, murder, human trafficking, and others. With that change in place, the government could again charge immigrants with aggravated felony, a charge that opens up criminal aliens to mandatory removal from the U.S.

https://www.washingtonexaminer.com/n...riminal-aliens

This bill deals with legal immigrants here on green cards who commit crimes and what is required to remove them from the country. Illegal aliens don't require a crime to be deported, but legal immigrants do.

Quote:

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Originally Posted by Judy

This bill deals with legal immigrants here on green cards who commit crimes and what is required to remove them from the country. Illegal aliens don't require a crime to be deported, but legal immigrants do.

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Despite that, illegal aliens have historically not been remove unless they have committed a crime!