WASHINGTON
-
Today,
Acting
Secretary
of
Homeland
Security Kevin K. McAleenan and Secretary
of Health and Human Services Alex Azar announced a final rule that
finalizes regulations implementing the relevant and substantive terms
of the Flores Settlement Agreement (FSA). Importantly,
the rule will allow for termination of the FSA, and allow DHS and HHS
to respond to significant statutory and operational changes that have
occurred since the FSA has been in place, including dramatic increases
in the numbers of unaccompanied children and family units crossing into
the United States.
Large numbers of alien
families are entering illegally across the southern border, hoping that
they will be released into the interior rather than detained during
their removal proceedings. Promulgating this rule and seeking
termination of the FSA are important steps towards an immigration
system that is humane and operates consistently with the intent of
Congress.
The Department of
Homeland Security (DHS) and the Department of Health and Human Services
(HHS) are issuing final regulations that implement:
- The
relevant
and
substantive
terms
of
the
FSA (resulting in the termination
of the FSA).
- The
way
HHS
accepts
and
cares
for
unaccompanied alien children.
- The
requirements
that
help
ensure
that
all
alien children (both accompanied
minors and unaccompanied alien children) in the Government’s custody
are treated with dignity, respect, and special concern for their
particular vulnerability as minors.
- The
ability
of
U.S.
Immigration
and
Customs
Enforcement (ICE) to maintain
family unity by holding families with children in licensed facilities
or facilities that meet ICE’s family residential standards, as
evaluated by a third-party entity engaged by ICE (in the event that
licensing is not available through the State).
- A
pathway
to
ensure
the
humane
detention
of families while satisfying the
goals of the FSA.
- The
related
provisions
of
the
Trafficking
Victims
Protection
Reauthorization Act of 2008 (TVPRA), including the transfer of
unaccompanied alien children to HHS within 72 hours of the UAC
determination, absent exceptional circumstances.
“Today, the government
has issued a critical rule that will permit the Department of Homeland
Security to appropriately hold families together and improve the
integrity of the immigration system,” said Acting Secretary McAleenan.
“This rule allows the federal government to enforce immigration laws as
passed by Congress and ensures that all children in U.S. government
custody are treated with dignity, respect, and special concern for
their particular vulnerability.”
“The Department of Health
and Human Services, through our Office of Refugee Resettlement,
provides quality and compassionate care for unaccompanied alien
children who are referred to our custody,” said Secretary Azar. “In
this rule, we are implementing the relevant and substantive portions of
the Flores Settlement Agreement pertaining to standards for
the temporary care, placement, and release of those minors. As before,
HHS will continue to protect the safety and dignity of unaccompanied
alien children in our custody as we seek to place them with a parent,
relative, or other suitable sponsor.”
The FSA always
contained provisions for its implementation in regulations and its
termination – originally, it was to remain in effect no more than five
years; and then, in 2001, the parties agreed it would terminate after a
final rulemaking. Beginning in 2005, prior administrations
repeatedly announced plans for a rule. No prior administration,
however, issued a final rule. With this achievement now complete,
the FSA will terminate by its own terms, and the Trump Administration
will continue to work for a better immigration system.
The rule takes effect in
60 days.
Note: For family
residence center B-roll, go to
https://www.dvidshub.net/video/618328/south-texas-family-residential-center.
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