Biden’s administration threatens to sue Texas’ offer to evict immigrant children from state shelters

The Biden administration said on Monday that it was ready to sue Texas if the Republican governor moved forward. plans Force state shelters to stop detaining migrant children in federal detention.

In a disaster declaration issued on Memorial Day, Governor Greg Abbott told state officials a shelter and foster parents to hold immigrant minors in Texas at the Department of Health and Human Services (HHS) detention center in charge of housing. I instructed to stop the approval of the system. Children crossing the southern border without parents.

Following Abbott’s instructions, Texas authorities have instructed 52 state-licensed shelters and foster parents to serve migrant children to reduce operations by August 30.

so letter HHS Supreme Attorney Paul Rodriguez, sent to Abbott on Monday, said such a move violates the supremacy clause of the U.S. Constitution, which provides that federal law supersedes state law. Rodriguez said Friday. Asked Texas to clarify whether state officials plan to apply the directive to shelters supervised by the HHS branch Refugee Resettlement Authority (ORR).

“ORR operates 52 state-licensed facilities in Texas, which make up a significant portion of ORR’s total operating area and are an integral part of the federal immigration system,” Rodriguez wrote. It is written in. “The May 31 Declaration is a direct attack on this system if it is interpreted as reaching a network of ORR-funded facilities in Texas.”

Rodriguez said such a scenario would cause “serious turmoil,” HHS was forced to close shelters, and legislation governing the care of immigrant children in US detention. Make it more difficult to comply with legal requirements.

Under federal law, US border authorities require unaccompanied children to be transferred to HHS within three days of detention, unless there are special circumstances. In a groundbreaking federal court settlement known as the Flores Settlement Agreement, the government requires that these children be accommodated in facilities authorized to care for minors.

Rodriguez said HHS “welcomes the opportunity to work with Texas to address issues of concern.”

“We hope to resolve this issue amicably, but in light of the legal issues mentioned above, HHS is consulting with the U.S. Department of Justice on the safety of vulnerable youth mandates by Congress. We will pursue the appropriate legal action necessary to ensure happiness. To the ORR, “Rodriguez added.

Immigrants crossing the Rio Grande
Immigrants await processing by border guards in Rome, Texas, on April 24, 2021, after crossing the Rio Grande River.

Benjamin Lowi

Abbott representatives did not respond to requests for comment.

The shelter operator said that if the Texas order was implemented, it could be forced to close some of the facilities. Refugee agencies have contracted only with “properly licensed” programs to care for their children, stating that funding facilities must comply with state licensing requirements.

On Monday’s phone call, ORR director Cindy Fan told a shelter operator that HHS would continue to contract with the facility despite a Texas order, according to two people familiar with the phone. Guaranteed.

In a disaster declaration last week, Mr Abbott argued that Texas was forced to operate a child shelter in response to the “immigrant detention crisis” fueled by the Biden administration’s border policy. Without quoting evidence, he also suggested that protecting immigrant minors would adversely affect the foster care system for children of US citizens.

Over the past three months, unaccompanied children have been under US protection along the southern border. The Customs and Border Protection (CBP) detained more than 45,000 unaccompanied minors between February and April, according to official data.

As of Monday morning, 16,000 unaccompanied migrant minors were detained in HHS. Many of them were housed in emergency facilities set up by the Biden administration to move children from inappropriate and overcrowded border guard detention facilities.

Unlike traditional shelters, emergency facilities are not licensed by state authorities and are not affected by Abbott’s directives.

Proponents could be ordered by Abbott to allow federal authorities to transfer children from traditional Texas shelters to unauthorized emergency facilities such as reclaimed military bases, work camps, and convention centers. He has expressed concern that he is sexual.

Biden’s administration threatens to sue Texas’ offer to evict immigrant children from state shelters

Source link Biden’s administration threatens to sue Texas’ offer to evict immigrant children from state shelters

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