States Challenge New Rule Allowing Indefinite Detention Of Migrants

States Challenge New Rule Allowing Indefinite Detention Of Migrants

The Trump administration has released a new
regulation that could allow the indefinite detention of migrant families and children
who enter the United States illegally. RT’s Brigida Santos joins me now to talk about
this story. Brigida, if approved the new rule is going
to replace the 1997 Flores Settlement. For those who don’t know who that is, what
that is, the Flores agreement, talk about it and let’s talk about how that Flores agreement
is now so different. Well, since 1997, the Flores Settlement has
protected migrant children by guaranteeing that they be placed with a relative or close
friend as soon as possible, or that they’re detained no more than 20 days in an unlicensed
facility. The rule applies to unaccompanied minors as
well as those who enter the United States with a guardian. Last year, the Trump administration justified
it’s controversial family separation policy by claiming that the Flores agreement would
not let the government detain families together long enough to resolve adults legal cases. But other administrations have typically released
families until their cases were heard months or years later, in some cases. The new regulation is basically changing that. Well, it doesn’t take a rocket scientist to
understand this indefinite detention is a violation of due process and equal protection
unless it, under the constitution, unless there’s something special there like the Patriot
Act that cut right through all of our constitutional rights. How likely is this rule to be approved? From a constitutional standpoint, I see all
kinds of flaws. What is, what is your take on that? Well, the new regulation is scheduled to take
effect on October 22nd but only if it’s approved by the federal judge who first approved the
Flores Settlement back in 1997. Last year she denied a similar request, so
it’s very unlikely that she’s going to change her mind this time. Now, even if she does approve it, the rule
will still likely face many legal battles. In fact, at least 19 states have already filed
a federal lawsuit challenging this rule and that suit is led by California and Massachusetts. California of course, has the largest migrant
population in the country and is a sanctuary state. Yeah, I don’t see, constitutionally I think
this is dead on arrival. Of course you understand the way they got
around that with places like Guantanamo and all is to say, look, we have the Patriot Act. All these constitutional rights are not going
to be applicable, that is simply not the case in this particular situation. So I don’t see that going anywhere. What are California sanctuary, sanctuary laws
and, and how is the Trump administration responded to state immigration policies? And when we, when, when we discuss the sanctuary
laws, California has said, we regard this differently. We’re, you know, we want, we want to have
that state autonomy to be able to do what we want to do, where it comes to immigration. Give me your take on all that, would you please? Yeah. California’s sanctuary bill prohibits cooperation
between local or state officials and federal immigration enforcement. Now the Trump administration has responded
by threatening to withhold funds, federal funds from sanctuary cities, and has been
incredibly hostile to states that try to govern themselves on immigration, which is incredibly
ironic for the Republicans who usually are for more state’s rights. Now, the acting director of US citizenship
and immigration services says that the new regulation establishes a supremacy clause
that wipes out state licensing challenges for federal authorities who try to house migrant
children. Take a listen to what else he had to say. The licensing scheme that’s established by
the Flores regulation will make it consistent across the country and um, and, and take that
uncertainty out. It also, by the way, takes this out as a weapon
for states that are effectively sanctuary states and would use this regulatory opportunity
as a way to effectively shut down what ICE needs to do in this space. Now the 19 state lawsuit argues that this
new policy interferes with state’s rights to set their own licensing requirements to
ensure the health, welfare and safety of migrant children. While the lower federal courts are expected
to give the state a temporary win, some legal experts say that the president does have broad
power over immigration policy, you know, unless they can prove discrimination. So if this lawsuit does make it’s way to the
Supreme Court, it could fail. Okay. Well, so the best, so the arguments here are
what we see very often in a constitutional argument is what we call police powers of
the federal government. Federal government says we have a direct responsibility
where it comes to health, safety and welfare to protect the citizens of the United States. That the citizens of the United States would
then trump the non-citizen the United States. On the other side of it, the, the states are
saying, well, we have some autonomy in how that’s determined and the real fight is going
to come, I will tell you this, Trump will win on holding back funds from those sanctuary
states. I can very well see that, that happening. At least we’re talking narrowly about, about
sanctuary, sanctuary states right now, sanctuary, sanctuary areas right now. He can win with that. And when you, when you, when you load up that
police power versus some other standard of power that a state might want to try to enforce,
police power is pretty strong. And so that’s why you heard, you know, that
statement just by, that we just heard. But that’s going to be the fight. That’s going to be the constitutional fight. How strong are police powers where it comes
to the federal government being able to say, you can do this and you can do this, but you
can’t do this because we have, we believe it affects health, safety and welfare of the
American citizenry. Brigida, thank you for joining me. Okay.

47 Replies to “States Challenge New Rule Allowing Indefinite Detention Of Migrants”

  1. If I break the law. I will be separated by my family. Defend our nations sovereignty. End the loopholes scammers are implementing to not come back to court and stay here illegally.

  2. Withhold federal taxes to California? then California doesn't need to be paying welfare for moochers in shithole Alabama.

  3. This remind me of black slavery when the master gave the child to his wife and some were going for white or sold their child. How is this different with the immigrants. Can someone tell me, please?






  5. October 22nd it must be approved or scamming will continue and more angel moms will be created. Voter fraud, and the stealing of i.d. and social security cards must be put to an end.

  6. Obvious biased media. Protect our nations sovereignty. You can tell this news media wants the law that will protect Americans from illegal aliens to fail. Disgusting! Boycott this news media.

  7. Now wait a minute

    Aren’t these the same fuckers that are using regulation to eliminate abortion ?

    They are slapping all kinds of regulations on clinics? If states are allowed to do that, why aren’t they allowed to regulate licenses for child care?

  8. In times of a lawless government in times of the corporate control of the government which is the very definition of fascism, as citizens, one must ask themselves an important question. Is this the government we want? The sole goal and purpose of any corporation is to extract and profit from any resources available by any means necessary until resources are exhausted even if it . The primary goal of any government is to amass to itself all power over citizens and to maintain that control by any means necessary. This marriage of corporate control and government cannot stand to the murder of human beings. That being the case here, the question is ; Do we have any need for corporate structures and more importantly do we have any need for government? I should think at a time like this that we should and must abolish all forms of control by government or corporate structures . As American citizens, we are in the majority if in fact majority rule existed. We can do better than this. We can do much better than this

  9. I'm in the Wrong neighborhood here, so I'll just say that "Indefinite" means until the ILLEGAL Immigrants are processed, and that would mean some needed additional time. So, if you have problems with a Vetting process and choose to be All Up In Arms about it, I am Also fed up with the number of crimes and murders committed by Illegal Aliens! And the number of Illegals caught at the border with Criminal Records is Astounding! And that doesn't even begin to count the Criminals that Snuck In! I was also Victimized! ENJOY!

  10. As sure as shit stinks, everyone that supports this evil act of Trump, they will have it come back to haunt them ten ×'s worse through those they love. But they won't look at that way, they'll just think it's a random incident. God DOES NOT LIKE UGLY! Remember I said that Trumptards.

  11. If only there was a term for internment centers that hold ethnic or religious minorities without due process. These camps seem to be concentrating people in direct opposition to the principles of America's ideals. If only there was a term for this…

  12. If it is indefinite,wouldn't they need to pay everyday and the amount will get larger meaning either cuts to the migrants living conditions or pay more until it becomes unfeasable?

  13. I will tell you about the tiki torch made for TV movie. I had a few friends that went to defend a statue being torn down. When they got their Friday afternoon they were told of a parade/march at night so go get some tiki torches and white tee shirts. They were a range of colors and felt it wouldn’t look right on tv so they didn’t go. You all know what it looked like but it was set up. Seemed unreal at the time but now with the media trying to make their own news……Doesn’t seem so unreal now and the media loves using that event to prove white racists….Media are fakes and liars

  14. When trump voters go to heavens pearly gates. They won't be allowed in. They'll be told to fuck off sameway they tell migrant families. They'll be treated same way they treat others

  15. The US destabelized all these Central American countries. They have a military base in Honduras, one of the biggest. They have 800 military bases around the world. The US playbook: Sanctions which are Economic Warfare, Invade Attack Murder civilians and children, Steal your Natural Resources Rinse and Repeat. If the US doesn't want migration stop pillaging their Sovereign Nations WTF. People need to speak about this everyday. MSM promotes War so we can't count on them. Progressives need to talk about this.

  16. And what happened to those people when they were released after 20 days. Did they come back for their hearings ? I don't think so. They disappeared into the vastness of the unknown and ended up doing the bidding of Corporations who wanted to exploit their cheap labor.

    We need to establish a pathway to citizenship with the ones who have been here for a number of years who have contributed to the country and stayed out of trouble. This has gone on way too long.

    This is a numbers game and we as humanitarians should be not encouraging these people to take all kinds of risks with themselves and their children to come to an already overcrowded and mis -managed system on a hope and a dream. Look at the backlog of cases pending. It in the hundreds of thousands. This is a border problem that no ones seems to want to deal with because it is a good tool politically. Each side benefits. politically by blaming the other side and that is a crime in itself

    California is going broke. Their homeless rate is going through the roof in every major town. People are living in tents because can not afford the high cost of rent. I have talked to numerous people who live there and they are all outraged at the situation and these are not illegals. living in the tent cities These are American citizens . Student loans are through the roof and defaulting, our national debt is out of sight and consumer debt is at record highs as people work more than one job or borrow to keep things going.

  17. It's weird that republicans cry about immigrants soaking the system, yet they imprison them, costing a substantial amount of tax payers money.

  18. Woo went from consentraition camps to internment camps. Can't wait for death camp. So glad we have a Nazi as a president.

  19. Guanton was defined as non American soil. It's still owned by Cuba. There is a reason. The USA doesn't torture in use soil the us Constitution stops that. At least publicly

  20. What happened to the presumption of innocence and the right to due process? These human rights are universal under the UN Convention.

  21. Okay, yall republicans can't say shit now, cause guess what. The more they hoard and the longer they keep them. The more taxes yall gonna have to pay.


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