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The two advocacy groups are suing the Trump administration to stop using the new rules that say immigrant children remain in federal custody and have been separated from their families for months as their children’s mental health deteriorates.
The National Youth Law and the Democracy Forward Center filed a lawsuit in the U.S. District Court for the District of Columbia on behalf of a Los Angeles-based immigration advocacy group.
The lawsuit names the Department of Health and Human Services and its Refugee Resettlement Bureau. They manage programs that care for children in the United States until they are released by sponsors and often families. HHS did not respond to Times’ request for comment.
Since January, the Trump administration has implemented many new security regulations requiring children and families who want to reunify are provided with income and US ID, and often undergo DNA testing.
For undocumented family members, policies can be challenging. Some of them have no way of getting an American ID or have no regular pay.
“A change in policy is to present hurdles that cannot be overcome before families who don’t want anything but stay together instead,” said Mishan Wroe, a lawyer at the National Center for Youth Law.
“If a child is not released by a parent simply because the only form of a photo ID is a foreign passport, it is difficult to see more than as much as possible for immigrant families seeking safety in our country.”
According to ORR data, the length of time a child is in custody has tripled – from January 37th to March 112th.
The lawyers claim that the changes that unfolded over the months have defeated families on the cliffs reuniting with their children.
Among those named in the lawsuit is a 17-year-old girl identified as Angelica S. She crossed the border in November and began the process of sponsoring her, providing her passport and fingerprints. However, Angelica was pregnant and was scheduled for February, so ORR didn’t release her until her child was vaccinated in April. By then, new regulations had been implemented and her sister, Daisy, had not obtained the necessary documents.
In March, amid the change, the administration stripped it of rules prohibiting the collection and sharing of immigrant status with law enforcement. It also rescinded regulations that prevented ORR from denying the release of children based solely on the legal status of the sponsor.
According to the lawsuit, Angelica’s case manager asked her to find a new sponsor who has the document. But everyone she tapped feared they would be reported to immigrants.
According to comments provided by her lawyer, Angelica S. said: “My sister did everything she asked her to do with my case manager. I don’t know why I can’t live with her.”
Angelica is currently considering raising her in custody until she is 18 when her daughter is released. By then, her daughter will be 10 months old.
In the past, immigration customs enforcement agents welcomed minors on their 18th birthday.
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