Posted on March 30, 2020

Judge Urges Release of Migrant Children After 4 Test Positive for Coronavirus in Detention

Miriam Jordan, New York Times, March 29, 2020

Concerned that thousands of migrant children in federal detention facilities could be in danger of contracting the coronavirus, a federal judge in Los Angeles late on Saturday ordered the government to “make continuous efforts” to release them from custody.

The order from Judge Dolly M. Gee of the United States District Court came after plaintiffs in a long-running case over the detention of migrant children cited reports that four children being held at a federally licensed shelter in New York had tested positive for the virus.

“The threat of irreparable injury to their health and safety is palpable,” the plaintiffs’ lawyers said in their petition, which called for migrant children across the country to be released to outside sponsors within seven days, unless they represent a flight risk.

There are currently about 3,600 children in shelters around the United States operated under license by the federal Office of Refugee Resettlement, and about 3,300 more at three detention facilities for migrant children held in custody with their parents, operated by the Immigration and Customs Enforcement agency.

Advocates for immigrants have tried for decades to limit the government’s ability to detain children apprehended after crossing the border, arguing that it is psychologically harmful, violates their rights and undermines their long-term health.

Now, some say, the coronavirus represents an even more immediate threat.

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In her ruling on Saturday, the judge declined to order an immediate release of all the detained children, given current travel restrictions and the need to ensure that children are released to suitable sponsors, most often family members.

She said, however, that both of the agencies operating migrant children detention facilities must by April 6 provide an accounting of their efforts to release those in custody.

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Last week, the refugee office said it had halted placements of unaccompanied children in California, New York, and Washington, where there have been large outbreaks of the coronavirus. {snip}