Nolan writes:
. . . .
Proposed regulation
On Sept. 7, the Trump administration filed a proposed rule to establish final regulations that would replace the Settlement Agreement.
According to DHS, the proposed regulations would implement the relevant, substantive terms of the Settlement Agreement with minor revisions to accommodate changed circumstances, and to implement closely-related provisions in the Homeland Security Act of 2002, and the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008.
The main benefit would be the creation of a federal licensing scheme for additional Family Residential Centers that would provide care for alien minors and their parents.
According to the American Immigration Council, “shifting the licensing and oversight of facilities that hold children to DHS is profoundly problematic, given the lack of expertise the department has in child welfare and its poor track record on oversight of adult facilities.”
Maybe, but if a challenge to the regulation goes to court, the main issue is likely to be whether administration officials can bypass an explicit statutory provision requiring mandatory detention in expedited removal proceedings with a settlement agreement.
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Go on over to The Hill at the link to read the rest of Nolan’s article which contains summaries of the Flores settlement and the expedited removal process.
PWS
09-17-18