As President-elect Donald Trump prepares to take office, there is speculation he may reinstate the use of detention facilities for migrant families, a controversial tactic from his previous term that the Biden administration had ceased. This possibility was hinted at by Tom Homan, the new administration's designated "border czar."
"It's something under consideration," Homan, who served as the acting director of Immigration and Customs Enforcement (ICE) during Trump's first term, mentioned in an interview with CBS News. "We must end the 'catch-and-release' policy, and that includes family units as well," he asserted.
ICE discontinued detaining migrant families shortly after President Joe Biden assumed office. However, last year there was some debate about potentially reviving this measure. Homan noted that while the specifics of this policy are still being ironed out, if implemented, it would aim to expedite immigration court proceedings for families held in these facilities.
During Trump's first administration, Homan was a proponent of the widely criticized "zero tolerance" policy, which resulted in the separation of thousands of migrant children from their parents, sparking outrage both domestically and internationally. Nevertheless, the incoming official assured that there are no plans for widespread family separations this time around.
The reactivation of family detention centers faces legal challenges, particularly the Flores Agreement, which restricts detaining migrant children for more than 20 days. Homan expressed a desire to challenge this legal framework. "We believe the Flores decision was erroneous," he declared. "We will operate within the current rules while seeking a more favorable judgment in the courts."
Homan also clarified that these new centers wouldn't resemble prisons but would be "open-air camps" designed specifically for families. However, individuals who experienced these facilities during the previous administration told CiberCuba that they were uncomfortable, overcrowded, and plagued with issues such as lice, making it particularly challenging for women to maintain hygiene during menstruation.
The "border czar" recently acknowledged that a significant hurdle for Trump's mass deportation plan is the lack of infrastructure to house detained immigrants. Homan detailed that a minimum of 100,000 beds would be required daily, more than twice the current capacity of ICE, which ranges between 38,000 and 40,000 beds.
According to Homan, Trump's plan will not take into account whether detained migrants have children born in the United States. In cases where parents lose their immigration cases, they must decide whether to take their children with them or leave them in the country under the care of a relative.
Lee Gelernt, an attorney with the American Civil Liberties Union (ACLU), warned that any attempts to reactivate family detention centers or force decisions that separate children from their parents would face legal opposition. "We have challenged family detention before and are prepared to do so again," Gelernt stated. "We hope the American public will reject this measure, which directly impacts children and families."
Trump, who campaigned on promises to toughen immigration policies, has indicated that deporting individuals with criminal records will be a priority. However, the overall specifics of his plan remain unclear. In the past, Trump described the arrival of migrants as an "invasion," a narrative some Republicans have sought to soften following his recent electoral victory.
FAQs on Trump's Migrant Family Detention Plan
What is the Flores Agreement?
The Flores Agreement is a legal settlement that limits the detention of migrant children to no more than 20 days, aiming to ensure their protection and humane treatment while in custody.
How does Trump's plan address migrant families with U.S.-born children?
Under Trump's proposed plan, the citizenship status of children born in the U.S. to detained migrants will not be a deciding factor. Parents will need to decide whether to take their children with them if deported or leave them with a relative in the U.S.