Just days after President Donald Trump announced that his government would call a federal court to admit the detention of families by changing a long-standing court hearing, Justice Department attorneys said Los Angeles-based judge who handled the case on Friday that no amendment to the decree might be required.
Trump's administrative lawyers argued that a separate injunction issued by a federal judge in San Diego on Tuesday has effectively cleared family separation provisions over the decades- the old Flores agreement, which has determined the detention of most immigrant children Prohibit more than 20 days
History continued below  "The decisions work together to allow the detention of parents with their minor children, with whom they are arrested," Justice Department attorneys wrote in a submission to the US Department of Justice. District Judge Dolly Gee, of the 31-year-old Flores Agreement on the Treatment of Immigrant Children
The submission seems to leave a key issue open: what will become of the Flores agreement that children must be accommodated in state-licensed daycare?
Federal authorities say that a Pennsylvania family prison has such permits, but two other centers in Texas do not. In addition, federal officials are making plans to keep some families in makeshift centers still to be built on military bases that do not have such approval and may not be able to get them in the foreseeable future.
in a footnote, but it could become an important sticking point.
"The question of how the Flores Family Reprisal Agreement licensing terms apply is a matter of ongoing litigation," Justice Department lawyers wrote. "We also asked this court to change the agreement so that families could be relocated to family residences without requiring state approval."
Thorny questions also remain about parental rights under the two court orders. The Government notes that the injunction issued on Tuesday by US District Judge Dana Sabraw indicates that family reunification is the default position, allowing parents to agree to a child being sacked to another family member.
However, advocates for children advocate under The Flores Agreement has typically spelled out the issue differently and said that a child should be accommodated in the community as long as the parents do not agree with it.
Justice Department's Position Gives Suffrage to Sabraw on Tuesday The Flores Agreement, which is aimed at the release of children, was passed not only by Gee, but also by the 9th Court of Appeals of the Federal Bureau of Appeals designed to require the release of accompanied and unaccompanied minors within 20 days.
Immigration advocates have suggested in both cases that parents should have the right to keep their families together, but no court has explicitly endorsed the right to opt-out of Flores' release requirements
One of them is advocating Immigrant Rights lawyers The Flores litigation did not respond immediately to a request for comment Friday night. These lawyers have a deadline Friday night to respond to an earlier Justice Department complaint seeking changes to the Flores Agreement to allow for longer detention of the family.
A close lawyer said Friday night that immigrants could give up their rights under Flores to keep their children, but not be forced to renounce their right to transfer their child to a licensed center. Such an attitude could undermine Trumpus Trump's new family detention policy by giving the authorities two blatant decisions that the administration purports to avoid: releasing the adult or dissolving the family.