The incoming Trump administration is evaluating the potential reinstatement of family detention centers as part of its immigration enforcement strategy, according to Tom Homan, the newly appointed border czar.
“It’s something we’re considering,” stated Homan, who previously served as acting Immigration and Customs Enforcement (ICE) director during Trump’s first term. He emphasized the administration’s goal to end what they term “catch and release,” including for family units awaiting immigration court proceedings.
The Biden administration had discontinued the practice of detaining families who enter the country illegally with their children. Homan indicated that if family detention is implemented, the administration would work to provide immigration judges at these facilities.
Addressing concerns about family separation, Homan stated he does not anticipate large-scale separation of migrant children from their parents. However, the administration faces legal constraints under the Flores Settlement Agreement, which limits migrant children’s detention to 20 days. Homan expressed interest in challenging this legal framework.
The proposed facilities would be designed as “open-air campuses” for families rather than traditional detention centers. The number of facilities would be determined by data analysis, according to Homan. During the Biden administration’s early days, ICE operated three such facilities.
Regarding mixed-status families, Homan indicated that parents facing deportation would need to decide whether to take their U.S. citizen children with them or leave them with relatives in the United States.
The administration plans to proceed with its deportation strategy regardless of local government cooperation. Several jurisdictions, including San Diego County and Los Angeles, have implemented measures limiting local resources available to federal immigration authorities.
The ACLU, through attorney Lee Gelernt, has indicated readiness to challenge any potentially unconstitutional aspects of the plan. Gelernt, who led previous lawsuits regarding family separation, expressed concern about children being held in detention centers for extended periods.
While Trump campaigned on promises to deport unauthorized immigrants, beginning with those who have committed crimes, specific details of the plan remain undefined. Some Republican officials have sought to moderate the rhetoric around mass deportations following Trump’s election victory.
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