Immigration Lawyers Explain the US Legal Facts on Holding Migrant Kids in Hotels During COVID-19

You might have already heard about the Trump administration putting unaccompanied immigrant children in hotel rooms to detain them before they are expelled. Their reason? For public health and safety due to the coronavirus pandemic. However, three judges gave an order to require the US to stop that practice. If you would like to know more about the matter, consider consulting with a corporate immigration lawyer. Their knowledge and advice may be helpful if you are considering bringing your children into the US while the COVID-19 pandemic is still very much in place.

A corporate immigration attorney can also explain the facts on the incident. Here’s what you need to know:

• It started in March 2020 – Since March, at least 577 unaccompanied migrant children have been placed in hotel rooms by border agents. They were detained there before being expelled from the US, without being granted the opportunity to request asylum or any other protection.

• Court involvement was necessary – Sadly, the basic safety for the children was assured only after the court was involved. The judges in the appeals court were highly critical of the Trump administration. They questioned why the children in those hotels were not given access to lawyers. They added why the government did not use existing youth shelters, which had accommodations in place. A corporate immigration lawyer can confirm that those shelters can provide legal services as required under the Flores agreement, a longstanding court settlement.

• How the Flores agreement applies – According to the Federal anti-trafficking law and the Flores agreement, most unaccompanied children crossing the border, whether or not they have authorization, must be transferred to a government shelter.

Scott Stewart, a lawyer for the Justice Department, argued that the agreement does not apply to the detained immigrant children in hotels before their expulsion. That said Judge William A. Fletcher advises that it still makes sense for people to have a lawyer even if it is not mandatory. With a corporate immigration attorney, you can determine whether or not the agreement applies to your situation.

Since March, at least 147,000 people had been expelled from the US. That includes 8,800 unaccompanied children. In some cases, they were sent directly back across the border. Others, including unaccompanied children were detained for days up to weeks in Border Patrol facilities, which are not equipped for long-term detention, before they were deported.