ICE detentions: Federal judge blocks agency from automatically detaining minors turning 18; cites 2021 court order


ICE detentions: Federal judge blocks agency from automatically detaining minors turning 18; cites 2021 court order

A federal judge on Saturday barred Immigration and Customs Enforcement (ICE) from immediately transferring minors to federal immigration detention upon turning 18.This comes a day after the agency implemented changes to its policy on unaccompanied minors.In a two-page order, Judge Rudolph Contreras, an Obama appointee on the US District Court for the District of Columbia, ruled in favor of two immigration advocacy groups that filed an emergency motion on Friday challenging the new policy.The judge ruled that the automatic detention policy violates a 2021 court order he issued prohibiting such practices, as cited by AP.Judge Contreras’ 2021 order directed federal officials to release minors turning 18 from these shelters to “the least restrictive setting available,” in accordance with federal law, provided the individual is not a danger to themselves or others and is not a flight risk. In practice, minors are often placed with relatives or, in some cases, in foster care.This follows the Trump administration’s offer of a one-time $2,500 stipend to unaccompanied migrant children in the US who voluntarily return to their home countries, Reuters reported, citing a letter sent to federal migrant shelters.The letter, issued on Friday by the Department of Homeland Security’s Office of Refugee Resettlement, states that children aged 14 and older would be eligible for the resettlement support stipend if they choose to leave the United States.An ICE official said the $2,500 stipend is initially being offered to 17-year-olds. Children from Mexico are excluded, but those who have already volunteered to leave the US by Friday will also qualify, as cited by Reuters.The letter added that payments will be made only after an immigration judge approves the request and the child has safely returned to their home country.Unaccompanied children are typically housed in shelters run by the Office of Refugee Resettlement, part of the US Department of Health and Human Services, rather than ICE.However, attorneys representing unaccompanied minors reported in recent days that ICE had instructed shelters that children nearing 18, even those with pre-approved release plans, could no longer be released and would instead be transferred to detention facilities, potentially starting Saturday.Since October 2021, US border authorities have apprehended unaccompanied children crossing the border more than 400,000 times. Under a 2008 law, these minors must appear before an immigration judge before being returned to their home countries, as reported by the news agency AP.





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