06-20-2018, 3:10pm
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#21
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A Real Barner
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Flores v. Loretta Lynch – The 9th Circuit Decision that created the illegal alien family separation mess
Quote:
In 2015, the plaintiff class in Janet Reno v. Flores moved to enforce the Flores Consent Decree of 1997 after the government asserted in 2014 that the decree only required the removal of unaccompanied minors from detention facilities as quickly as possible. The court, in Flores v. Loretta Lynch, sided with the plaintiff and held that the decree required the government to remove both accompanied and unaccompanied minors from detention facilities within a short period, which is now considered 72 hours.
The finding had an unintended set of consequences. Either the government had to be able to process any immigration/asylum case within the 72-hour period or the children would need to be moved to a “licensed, non-secure facility” that meets high standards. The result being that any case where the alien adult’s case was unable to be adjudicated within 72 hours would result in the separation of the child from the adult detainee.
The Obama administration decided to release both the suspected criminal alien and the accompanied minors into the United States pending trial to satisfy the court decision although the action failed to enforce U.S. law. Less than 10% of those released bother to show up for their court dates.
The lax enforcement resulted in a massive influx of Central American immigrants with children in tow. They tend to have no documentation making familial bonds difficult to ascertain. Human traffickers use kidnapped and enslaved children to pose as accompanied alien minors and parents now drag their children on a dangerous journey – both, as a method to skirt U.S. immigration law.
The conclusions of the court in Flores v. Loretta Lynch are as follows:
The Flores Dissent Decree applies to accompanied and unaccompanied minors
The Flores Dissent Decree does not require the release of accompanying parents or guardians
This basically creates the situation where, if immigration laws are enforced and these decision adhered to, the minor must be moved to a non-secure, licensed facility, but the parents will remain in a secure detainment facility awaiting trial. That is where the separation of illegal alien families originates – a legal agreement during the Clinton administration and a court decision during Obama’s term. Only Congress can make a law or set of laws to remedy this.
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I had to remind a fellow lib that you can't believe everything you hear on CNN:
https://www.conservativedailynews.co...paration-mess/
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