This appellate level case once again reiterates the central theme: ICE and INS may not lawfully detain minors, without a meaningful hearing for more than a few days -- and it is plainly unconstitutional to allow any delay in a real bond hearing (by more than a month, in this case) under Flores. Here is the very well-reasoned opinion of Judge Hurwitz, in Saravia, for A.H., A Minor v. Sessions (as an 18 page PDF file) and a bit:
. . . .Flores hearings provide minors in ORR custody the right to a bond hearing before an immigration judge to challenge the agency’s determination that the minor is a danger to himself or the community. See Flores, 862 F.3d at 879; see also ORR Guide § 2.9; Flores Settlement ¶ 24A. But, these hearings were designed to consider ORR’s initial determination under the TVPRA that a minor should be detained in a secure facility. Thus, “a favorable finding in a [Flores hearing] does not entitle minors to release” because “the government must still identify a safe and secure placement into which the child can be released.” Flores, 862 F.3d at 867; ORR Guide § 2.9. This requires a “verification of the custodian’s identity and relationship to the child, if any, as well as an independent finding that the individual has not engaged in any activity that would indicate a potential risk to the child.” See 8 U.S.C. § 1232(c)(3)(A). That process can take months. See, e.g., Santos v. Smith, 260 F. Supp. 3d 598, 613–14 (W.D. Va. 2017); Beltran v. Cardall, 222 F. Supp. 3d 476, 483–84 (E.D. Va. 2016). The district court did not abuse its discretion in concluding that Flores hearings were not sufficient to protect the TVPRA rights of the members of the plaintiff class, each of whom had initially been found to qualify for placement with a parent or sponsor previously approved by ORR.
Moreover, due process requires “the opportunity to be heard ‘at a meaningful time.’” Mathews, 424 U.S. at 333 (quoting Armstrong v. Manzo, 380 U.S. 545, 552 (1965)). But, as the government candidly conceded at oral argument, see Oral Argument at 1:01–:09, 4:19–6:47, 8:33–:42, the record is unclear as to how promptly minors receive Flores hearings. One class member, for example, was arrested on June 16, 2017, and requested a Flores hearing on August 22, 2017. As of September 22, 2017, no such hearing had been scheduled. . . .
Onward. [And these same promptness orders ought to apply to all minors in the US accused of crimes, to be certain.] Busy day in court -- another new case on these same topics, this evening, late.
नमस्ते
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