The Reality of Current US Immigration Policy
41
provide alternative routes to safety for children fleeing gang warfare and drug
murders in the countries of the Northern Triangle,27 the withdrawal of temporary
protected status in the United States for law-abiding and self-supporting survivors of
calamities in Honduras, El Salvador, and Haiti.28
A central plank of the Trump administration’s immigration control agenda
moving forward is large-scale and prolonged child migrant imprisonment. The
government’s justification for this is twofold: a need to address unmanageable border
arrivals and an intention to stop what it considers the perverse incentive, generated
by the current child release policy, to transport children on dangerous journeys.
Paradoxically, then, the government claims that by preventing children at serious
risk of gang violence from accessing safety, it is protecting them from harm. But at
the same time, post-pandemic border control policies have done exactly the opposite. They have forced children seeking asylum back across the border with no
attention to their needs or vulnerabilities, they have subjected families awaiting
processing of their asylum claims to indefinite delays as they await their turn in
dangerous Mexican borderlands, and, despite court orders mandating release of
child migrants from detention, they continue to hold significant numbers of children in crowded and unsanitary facilities.
So far, the Trump administration has been unable to implement child migrant
detention on a comprehensive and “deterrent” scale because of Flores, the muchcited Supreme Court settlement that addresses child migration detention.29 Flores
became a household name during the family-separation debacle. When Supreme
Court cases become household names, it is reasonable to suggest that a watershed
US political event has taken place. So it was with Dred Scott, Brown v. Board of
Education, and Roe v. Wade. And so it is with Flores. The administration is currently
attempting to reverse Flores to clear the way for indefinite detention of migrant
children with their families.
The Flores case has been on the books for thirty-five years. It started off as a
challenge to the indefinite detention of unaccompanied child migrants in harsh
facilities where children were commingled with unrelated adults. It has continued
as a platform for challenging the circumstances in which migrant children, both
nation-foreign-terrorist-entry-united-states-2/; “Raising the Global Travel Security Bar: DHS
Announces New Travel Restrictions on Six Countries and Updated Process for Evaluating
Foreign Country Compliance,” Department of Homeland Security, January 31, 2020, www.dhs
.gov/news/2020/01/31/raising-global-travel-security-bar-dhs-announces-new-travel-restrictions-six.
27
“Status of the Central American Minors Program,” United States State Department, Office of
the Spokesperson, November 8, 2017, www.state.gov/status-of-the-central-american-minors-pro
gram/.
28
Continuation of Documentation for Beneficiaries of Temporary Protected Status Designations
for El Salvador, Haiti, Honduras, Nepal, Nicaragua, and Sudan, 84 Fed. Reg. 59403
(November 4, 2019), www.federalregister.gov/documents/2019/11/04/2019-24047/continuationof-documentation-for-beneficiaries-of-temporary-protected-status-designations-for-el.
29
Reno v. Flores, 507 U.S. 292 (1993).
https://doi.org/10.1017/9781108914994 Published online by Cambridge University Press
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