The White House has tried to cancel the so-called "de Flores" agreement, limiting the detention of children to 20 days, which it deems obsolete. An attempt blocked by a California federal judge.
Children residing illegally in the United States can not be detained indefinitely. This is the message of Dolly Gee, a California federal judge who blocked Friday, Sept. 27, an attempt by the government of President Donald Trump to return to the so-called "de Flores" agreement.
The latter stipulates that the government can not detain migrant children for more than 20 days. The White House attempted to cancel the 22-year-old deal, arguing that it had become obsolete and was not suited to cope with the massive influx of migrant families in the United States in recent years.
But for Judge Gee, the administration "Simply can not ignore the requirements of just judgment because it no longer agrees with them for political reasons"she writes.
An attempt that "violates the rule of law"
For the California judge, the government representatives did not prove the merits of their claim and could have asked the Parliament to adopt measures calling into question the Flores agreement. "In the absence of satisfaction, the defendants can not impose their will by promulgating regulations that abrogate the most fundamental principles" of the Flores agreement, "It violates the rule of law and this court can not allow it", concludes Dolly Gee.
A spokesman for the Ministry of Justice said the administration was "Disappointed" by this decision and that she would continue to work "To restore the integrity of our immigration system".
The lawsuit was triggered by twenty US states challenging the government's decision to repeal the current system. Last year, President Trump put in place a migration policy that led to the separation of more than 2,300 migrant children from their parents, causing heated controversy, before ending it.