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Flores IMPORTANT - Notice of Rule Making

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Posted on October 13 2018

May ACLU:

In late May I discussed the systematic issues within DHS, specifically CBP.  What happens to unaccompanied minors when they are under the “care” of USCIS, ORR, CBP, ICE and more broadly DHS. To be fair the Obama Administration never adequately addressed the CBP issues. And as expected under the Trump Regime the child abuse, sexual assaults and unaccompanied minors “escaping” or just gone missing. See entry here.

 

June Zero Tolerance:

The problem with the Trump Administration is they lie on a pathological level. I’m not talking about tiny Hope Hicks “white lies” I’m talking about monolithic lies that have long lasting if not permanent consequences on hundreds of thousands of people, irrespective of their citizenship status. Somehow the Trump Administration has normalized cruelty and annihilated our Country’s sense of decency and moral obligation. The insidious nature of their deprived indifference to actual human beings is they, the Trump-Thugs under the cover of night are shuttling the very same minors, that they alone relegated as “unaccompanied” to secret tent cities. See entry here.

 

 

June Unaccompanied Minors

And then the profit for lack of accountability. The fact our Government refuses the mainstream media to come in and document these internment camps should tell you there is a real problem. The point is the Government knows there’s an issue, they just don’t want the facts out.

 

July Operation Janus:

In July I walked you through both Operation Streamline and Janus. To be fair some of these actions started during the Obama Administration the distinction is Donald Trump and Stephen Miller are sociopaths. I am fairly confident that they probably enjoy what they are doing to these undocumented and in most cases refugees. The bottom line is the Trump Administration and GOP literally hate brown and black people. The Grand Ol’ Party is on par with the Alt Right ranging White Nationalist, White Supremacist...remember the only thugs mob that killed an American woman, Heather Heyer was a White Supremacist who got in his car and used Isis techniques to murder an innocent American. See Operation Streamline and Janus  here 

July Court Order Missed:

In case you forget, we are in midOCTOBER and the Trump Administration still has failed to reunite hundreds of kids they alone forceably separated from their parents and then quickly deported said unaccompanied minors parents. Literally over 73 days and yet the Trump Administration equivocates over their own failure and incompetence. I don’t understand how the media allows Trump and his incompetent administration get a pass. Every goddamn time. If I consistently missed a deadline much less a Court ordered deadline, I’d be unemployed. Yet the media continues to fall for Donald Trump’s distractions. You idiots spent 56 hours on Kanye West and covering Trump’s hate filled rallies. Meanwhile hundreds of children woke up and have no idea when they will see their parents. Here’s the July Court Order Entry.

 

Scott Llyod ORR Miscarriage:

Literally where do I even start with Llyod? The Dude is a creepy white guy that’s forcing undocumented unaccompanied minors, specifically teenage girls into carrying an unwanted pregnancy and Brett Kavanaugh agreed. Yet that dude is now a Supreme Court Justice thanks to Trump & McConnell. Had it NOT been for the two other judges on the Circuit who overruled Kavanaugh, that unaccompanied teenager who was raped and ended up pregnant would have been forced to carry her pregnancy. Scott Lloyd entry here.

 

FLORES AMENDMENT

In JUNE I told you that Sec Neilsen had submitted WRITTEN Congressional Testimony that the Trump Administration planned to essentially gut and rewrite the Flores Amendment. IN JUNE. FOUR MONTHS AGO. It was in writing that’s not my opinion. It is a verifiable FACT.

 

 

DHS Docket No. ICEB-2018-0002

In September I told you that the Trump Administration had placed a notice of Rule Making/Change. See September 7, 2018 Federal Register Notice found here.

 

This rulemaking would implement the relevant and substantive terms of the Flores Settlement Agreement (FSA), with such limited changes as are necessary to implement closely-related provisions of the Homeland Security Act of 2002 (HSA), Public Law 107–296, sec. 462, 116 Stat. 2135, 2202, and the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (TVPRA), Public Law 110–457, title II, subtitle D, 122 Stat. 5044.

The proposed regulations would take account of certain changed circumstances, ensure that the regulations accomplish a sound and proper implementation of governing federal statutes, and set forth a sustainable operational model of immigration enforcement. For example, one operational shift under the FSA has been the extension of the agreement to apply to accompanied minors, i.e., juveniles who arrive at the border with their parents or legal guardians.

That has created a series of operational difficulties, most notably with respect to a state-licensing requirement for a family residential center (FRC) in which such parents/legal guardians and children may be placed during immigration proceedings.

Additionally, changes to the operational environment since 1997, as well as the enactment of the HSA and the TVPRA, have rendered some of the substantive terms of the FSA outdated, similarly making compliance with the HSA, the TVPRA, other immigration laws, and the FSA problematic without some modification of the literal text of the FSA. These provisions are designed, however, so that they still implement the substantive

 

Of the biggest and most consequential changes given it actually could mean the Federal Government is once again striking at the Sovereignty of States Rights:

 

such facilities must be licensed ‘‘by an appropriate State agency . . . for dependent children.’’ FSA paragraph 6. That requirement is sensible for unaccompanied alien children, because all States have licensing schemes for the housing of unaccompanied juveniles who are by definition ‘‘dependent children,’’ and accordingly the rule would not change that requirement for those juveniles.

 

But more importantly as I read it the NEW rule would allow the Trump Administration to incarcerate family units indefinitely as long as Trump doesn’t separate the children from their parents. Do not be fooled these are not Summer Camps, these are internment camps. We as a Country are jailing children and we are not affording them any due process.

The ICE to continue detaining some minors along with their accompanying parent or legal guardian in FRCs. ICE also is proposing changes to its current practice for parole determinations to align them with applicable statutory and regulatory authority, which may result in fewer minors or their accompanying parent or legal guardian released on parole...

While DHS acknowledges that this rule may result in additional or longer detention for certain minors, DHS is unsure how many individuals will be detained at FRCs after this rule is effective or for how much longer individuals may be detained because there are so many other variables to consider.

Therefore, DHS is unable to provide a quantified estimate of any increased FRC costs.

The Flores Amendment, by Law: 

The MOU stated that minors in INS custody for more than 72 hours following arrest would be housed in facilities that met or exceeded the standards set forth in the April 29, 1987... as detailed in the thread below the Trump Administration launched a multi-prong attack to gut and rewrite the Flores Amendment because it’s clear Trump is a raging racist who literally hates black and brown people. His signature slogan of MAKE AMERICA GREAT AGAIN is essentially a dog whistle blowing into a Pepe Bullhorn.

 

And by now you should know anytime there is an official Federal Register Noitice of Rule Change/Making, the public...people like you and me have the ability to provide  (as perscribed by Federal Law) Public Comment.

This Regulation.gov link will take you to the correct docket for: 

DHS Docket No. ICEB–2018–0002

This link will take you to the thousands of comments already submitted and docketed.

To actually submit a comment, it can be a bit confusing so I’ve taken the liberty of finding a direct link to the Public Comment, Link found here.

This is important: 

DEADLINE

NOVEMBER 6, 2018 11:59PM ET

The Regulations page can be super confusing. I have taken the liberty of finding you a direct URL to submit your comments, link found here, the landing page should look like this.

 As a parent, as a tax payer, as an American, as a God Fearing Christian, but most importantly as a human being what the Trump Administration has done to these children and to their parents is beyond cruel. This depravity rises to the level of criminality. I hope if there’s really a thing called karma or true justice,  that “law and order” party of Donald Trump, Stephen Miller, Sec Neilsen, Attorney General Jeff Sessions are all held criminally liable. Because their cruelty and tacit silence of the GOP is NOT what our America is.

We, America does not stand for committing Crimes Against Humanity. Our Godless, Souless GOP controlled Government literally put children in cages and then lock the doors and forgot about these children. 

THIS IS NOT WHO WE ARE.

WE ARE BETTER THAN THIS.

WE DESERVE SO MUCH BETTER THAN TRUMP

 

So if the mainstream media is willing to once again give the GOP, Donald Trump, Stephen Miller, Sec Neilsen and Attorney General Jeff Sessions a pass. Allow me to remind you, oh HELL NO YOU CAN’T

More broadly the GOP has become the party of corruption, incompetence, obsequious servitude to a man who’s a proven pathological liar, tax cheat and fraud. His entire administration and the GOP party that he is the “dear leader” of has become the most corrupt administration in modern history. They do not deserve to be in power. November is coming and they need to be voted out. Trump has forever destroyed the GOP.

Earlier this month  DHS-OIG released two reports that showed just how incompetent and inept Sec Neilsen and the Trump Administration handled the Zero Tolerance Policy:

 

The party of Lincoln and Reagan in one failed shithole Presidential Administration Trump and his feckless party have opted to unjustly enrich themselves. To abandon all sense of morality and fiscal responsibility. You idiots crawled into bed with an actual con-man who’s more afraid of Putin than Democrats. Use the power of your voice, submit your comments and for heaven’s sake VOTE THEM the ___ out on November 6, 2018. Go to the ballot and use the power of your vote to send a message to the GOP.

-Spicy Out

ps I’m super busy over the next few weeks so my blog and tweets might be a bit on the lean side...

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