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  • Migrant Rights and Justice

    Migrant Rights & Justice

    All individuals have the right to seek asylum and protection from persecution. We develop practical solutions and tools for accessing protection and creating resilient communities, advocating for fair, accessible, and humane refugee and migrant policies and practice. 

    Letter Opposing Family Detention Expansion thumbnail

    Letter Opposing Family Detention Expansion

    September 14, 2018

    On September 14, 2018, WRC joined 230 organizations in a joint letter to the U.S. Senate Committee on Homeland Security and Governmental Affairs expressing concern over any measures that would expand family detention or undermine protections in the Flores Settlement Agreement.
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    Separated Children and the Child Welfare System

    Frequently Asked Questions

    The separation of families at the southern border has resulted in confusion about the federal government’s role and jurisdiction with regard to child welfare decisions and has raised questions about the potential relevance of state child welfare laws, including questions about the risk of termination of parental rights and adoption. This fact sheet seeks to answer those questions and clarifies that the parents of separated children should not be at risk of losing their parental rights.
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    Family Case Management Program

    A Backgrounder

    This backgrounder explains why immigration authorities should turn to the Family Case Management Program (FCMP), the case management based alternative-to-detention (ATD) program for families seeking protection, which the Trump administration terminated in June 2017.
    El Acuerdo Flores y la Separación de Familias en la Frontera thumbnail

    El Acuerdo Flores y la Separación de Familias en la Frontera

    El Acuerdo Flores establece estándares nacionales para la detención, liberación y el trato de todos – tanto los niños y niñas no-acompañados y los acompañados– en centros de detención migratoria, y resalta el principio de la unidad familiar.
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    The Harm of Family Detention

    Why Modifying Flores and Detaining Families Together Cannot Be the Answer to Family Separation

    As Congress weighs bills and the Administration considers policies that would result in the long-term detention of families, this backgrounder explains why modifying the 1997 Flores Settlement Agreement – which sets national standards regarding the detention, release, and treatment of all children in immigration detention – and expanding family detention cannot be the answer to the Trump administration’s self-created family separation policies.
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    The Flores Settlement and Family Separation at the Border

    The 1997 Flores Settlement Agreement (Flores) was the result of over a decade of litigation responding to the U.S. government’s detention policy towards an influx of unaccompanied migrant children in the 1980s from Central America. At the time, children were being detained for long periods of time, including with unrelated adults, and in prison-like conditions. The agreement sets national standards regarding the detention, release, and treatment of all – both unaccompanied and accompanied – children in immigration detention and underscores the principle of family unity.
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    Family Separation at the Border

    In May 2018, the Trump administration implemented a “zero tolerance” policy to prosecute and punish individuals apprehended between ports of entry. The policy has torn apart parents apprehended together with their children, making it a de facto family separation policy – something the Trump Administration has long threatened and been rumored to consider. The policy also follows on a growing trend of family separation that advocates have observed for months – including as documented in an administrative complaint and lawsuit

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    FOIA Request to ICE on Detention of Pregnant Women

    This letter constitutes a request pursuant to the Freedom of Information Act, 5 U.S.C. § 552 (FOIA) submitted on behalf of the American Civil Liberties Union (ACLU), the American Immigration Council (Council), and Women’s Refugee Commission (WRC) (Requesters). The Requesters also request a fee waiver, pursuant to 5 U.S.C. § 552(a)(4)(A)(iii) and 6 C.F.R. § 5.11(k), and expedited processing, pursuant to 6 C.F.R. § 5.5(d) and 5 U.S.C. § 552(a)(6)(E). The justifications for the fee waiver and expedited processing are set out in detail following the request.

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