child care licensing

Mar 30, 2017
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The Huffington Post

Texas Republicans Hope To Give Child Care Licenses To Family Detention Centers

Republican state senators took a first step toward licensing two controversial family detention centers as child care facilities on Wednesday, selling the possible change as a way to keep the Trump administration from splitting up immigrant mothers and children at the border.  

At a hearing of the Texas Senate’s Veterans Affairs and Border Security Committee, Republicans said a bill relaxing standards for child care licenses would help the family detention centers skirt problems posed by ongoing lawsuits.

But critics ― including legal groups, members of the Catholic Church and immigrant rights advocates ― described family detention centers as little more than “baby jails.” Citing the fact that most of the mothers and children in detention are Central Americans fleeing violence who apply for asylum, they say there’s no need for family detention centers at all.

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The Obama administration hastily expanded the all-but-abandoned family detention policy back in 2014, as tens of thousands of Central American migrants crossed into the United States. Two family immigrant detention centers, both run by private prison contractors, currently operate in Texas. But the policy of detaining mothers with their children for extended periods has prompted lawsuits.

U.S. District Judge Dolly Gee ruled in 2015 that locking up immigrant children with their mothers violated the Flores settlement, which requires children to be detained in non-secure facilities and generally favors their release. The Texas Department of Family and Protective Services issued emergency rules that year to reclassify the state’s detention centers as “child care” facilities under state law to help them comply with the ruling.

But in a case brought by former detainees and the activist group Grassroots Leadership, a state judge later ruled that family detention centers simply don’t fit the definition of a child care facility under Texas law.

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And authorities wouldn’t actually have to separate mothers and children at the border if the family detention centers became adult facilities. Nothing in immigration law requires them to be detained at all.

In practice, many of the undocumented women and children apprehended by authorities never see the inside of a detention center after crossing into the United States. Instead, they receive a notice to appear in immigration court and fight their cases from outside detention. Most of them petition for asylum or some other permission to stay in the United States for humanitarian reasons. Read more about Texas Republicans Hope To Give Child Care Licenses To Family Detention Centers

Mar 30, 2017
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Rewire

Texas GOP: Treat Detention Centers as Child-Care Facilities

Republican-backed legislation introduced in the Texas legislature would enable the Department of Family and Protective Services (DFPS) to license two family detention centers as child-care facilities, while allowing the department to exempt these facilities from state rules.

Family detention is the policy of jailing asylum-seeking immigrant mothers with their children, including babies. The family detention centers in question are the South Texas Family Residential Center in Dilley and the Karnes County Residential Center in Karnes City. The bills would strike down a law that prevents DFPS from issuing child-care licenses, essentially allowing prison-like detention centers to operate as child-care facilities with reduced standards. For example, multiple families could be detained in one room, which isn’t allowed in child-care facilities outside of immigration detention.

Advocates assert that the GOP effort to allow DFPS to license these facilities has nothing to do with concern for children or providing oversight to the detention centers. Rather, it is to make sure the deadly private prison companies that run these family detention centers—the GEO Group and CoreCivic, formerly Corrections Corporation of America—continue reaping profits.

Bob Libal, executive director of the Austin-based human rights organization Grassroots Leadership, said it’s also about acting in the best interest of the federal government.

“The stated reason from DFPS for pushing for these licenses is so they can regulate the facilities and do inspections, but that’s not the truth. It’s really about slapping licenses on these facilities, while also not making them come up to licensing standards,” Libal said. “This is all very political. This is happening because [DFPS] wanted to help the federal government detain children and families. This is not in the interest of children; it’s about upholding the Flores legislation.”

In 1997, the settlement agreement in Flores v. Lynch confirmed that children arriving to the United States with their mothers should not be held in unlicensed secure detention centers. Rather than closing these family detention centers, DFPS and the state of Texas has pushed to have them licensed. Despite not being licensed, these facilities continue to operate in violation of federal law.

People who had been held in family detention, as well as immigration and child-welfare advocates, spoke out at a Wednesday hearing in opposition to the proposed bills.

What’s perhaps most troubling about the bills, Libal said, is that they give the DFPS commissioner the ability to change standards or reduce them further.

“There’s a reason why people from the American Academy of Pediatrics and similar groups, that usually don’t work around immigration, are speaking out: Because this is bad for children,” Libal said. “If you read the bill, it says that the commissioner would have this power in part, for the operation of the facility. This means they can change the standards on the books in order for private prison companies to operate these facilities however they want to. This isn’t a regulation regime that improves standards; it allows for current operations to exist as private prison corporations design them.”

The practice of family detention has been deemed inhumane and is known to be detrimental to the health and well-being of children, but the family detention system will only grow under President Trump. The new administration is following in the footsteps of President Obama, targeting Central American asylum seekers and expanding immigrant detention. Just three months into Trump’s presidency, the private prison industry is booming, with companies like GEO and CoreCivic, known for human rights abuses andin-custody deaths, standing to benefit further.

Libal said that despite public opposition to the bills, GOP lawmakers seem in favor of moving them forward.

“There’s no telling what will happen in the Texas legislature, but we’ll just keep speaking out,” Libal said. “I have a lot of concerns for the future of family detention. These licenses are just a way to avoid the implications of federal litigation that have to do with standards that should be used when caring for children. This is an immigration issue, but it’s also a children’s rights issue. These bills are absolutely the wrong way to go forward.” Read more about Texas GOP: Treat Detention Centers as Child-Care Facilities

Dec 6, 2016
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Hoy Dallas

Piden apoyo para albergar a mujeres y niños que ICE dejó libre en el sur de Texas

DALLAS -- Más de 450 mujeres y niños centroamericanos recluidos en dos centros de detención del sur de Texas fueron liberados por ICE durante el fin de semana, informó el grupo RAICES.

El Centro para la Educación y los Servicios Legales del Inmigrante y Refugiado (RAICES, por sus siglas en ingles) dijo que las mujeres y los niños dejados en libertad formaban parte de quienes se encuentran recluidos en los centro de detención en Karnes City y Dilley, cerca de San Antonio.

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Karin Crump, juez de la Corte del Distrito 250, invalidó la regulación del estado de Texas, que había permitido dicha licencia a los Centros de Detención de Karnes y Dilley.

La decisión de la juez se produjo tras una demanda que presentó la organización “Grassroots Leadership” que se opone a que las familias migrantes sean encarceladas. 

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Las mujeres salieron con un documento que les permite permanecer en Estados Unidos en lo que reciben cita con un juez de inmigración. Una gran cantidad de los liberados tienen familias en diferentes estados del país y podrán acercarse a ellos, dijo Fisher.

La Oficina de Inmigración y Aduanas (ICE) no informó de la liberación llevada a cabo en los dos centros de detención que son operados por la compañía "Corrections Corp. Of America" (CCA), la administradora de penitenciarias más grande del país.

ICE originalmente solicitó que se otorgaran licencias de guardería a ambos centros de detención después de que un juez en California dictaminó que los centros Karnes y Dilley estaban violando un acuerdo judicial que rige el tratamiento de los niños migrantes. Read more about Piden apoyo para albergar a mujeres y niños que ICE dejó libre en el sur de Texas

Dec 8, 2016
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Fort Worth Weekly

No Family Left Behind

Family detention facilities are not childcare centers. That was the decision handed down on Friday by State District Judge Karin Crump in a case brought by an anti-private prison group against the Texas Department of Family and Protective Services, as well as two private prison giants: GEO Group and CoreCivic (formerly, the Corrections Corporation of America).

The lawsuit by Grassroots Leadership sought to deny childcare licenses to GEO’s Karnes Family Residential Center and CoreCivic’s South Texas Family Residential Center in Dilley. Both Karnes and Dilley had sought the licenses after a ruling by U.S. District Court Judge Dolly Gee in July, 2015, that holding asylum-seeking women and their children in detention centers violated a 1997 ruling that required federal authorities to detain children in the least restrictive settings possible.

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The Dilley facility had never been granted a license; a third family detention center in Pennsylvania was granted a childcare license that has since been revoked. The Crump ruling invalidates the Karnes license.

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Immediately following the ruling, 460 women and children from Karnes and Dilley were released and sent by bus to the RAICES center in San Antonio. A press release from ICE, part of the Department of Homeland Security which contracts out the family detention centers, said that the release was a normal part of operations and not done as a result of Crump’s ruling.

“They can say what they want, but nobody knew about the release ahead of time,” said Dr. Luis Zayas, dean of the School of Social Work at the University of Texas at Austin and one of the people who testified in the case for Grassroots Leadership. “They just put these people on busses and sent them out to RAICES with no real warning.”

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Unfortunately, despite the release of that many asylum seekers over the weekend, the Dilley facility is still holding 1,787 women and children, Karnes is still holding 606, and the Berks facility in Pennsylvania, a very small facility that holds a maximum of 100, is still holding 86, according to ICE spokesman Carl Rosnok.

Bob Libal, executive director of Grassroots Leadership, acknowledged that while the Crump ruling makes it clear that the family detention centers are operating illegally, “this will not close down these facilities immediately, but it is a victory for all of us who have been saying that adult prisons are not childcare facilities. And the ruling reiterates that these places are not only immoral, but they’re illegal as well.”

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Libal believes that “when you meet these folks, you instantly realize these are not national security threats. These are moms and kids fleeing horrible violence, and we throw them into detention, sometimes for months, and then still try to deport them. Back to what? More horrible violence? If anything, this decision should be an indication that President Obama should end these family detention centers once and for all.” Read more about No Family Left Behind

Dec 6, 2016
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Texas Tribune

Immigration detention centers will continue operating despite judge's ruling

Two privately run immigration detention centers in Texas will continue their normal operations despite a Travis County judge’s ruling last week that prevents the state from licensing the facilities as child care centers.

Late Friday, state District Judge Karin Crump ruled that the Texas Department of Family and Protective Services could not issue the licenses, which are needed to comply with a federal judge’s order issued last year. The centers are in Dilley and Karnes City and are operated by Corrections Corporation of America and Geo Group, respectively.

The companies are under contract with Immigration and Customs Enforcement to run the centers holding some of the tens of thousands of Central American women and children that have illegally crossed into Texas since 2014. The centers have been criticized by rights groups for allegedly operating more like prisons. 

The Texas DFPS granted the GEO Group a license for its facility earlier this year. In a statement, a spokesperson said the company always adheres to current standards. 

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But the ruling would invalidate the company's license, said Bob Libal, executive director of Grassroots Leadership, an immigrants rights group that filed the lawsuit.

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The licensing has been a critical step since July 2015 when U.S. District Judge Dolly Gee ordered that immigrants held in Texas and elsewhere should be released because their detention violates the provisions of a 1997 legal settlement — the Flores v. Meese agreement — that requires undocumented juveniles be held in centers that protect their overall health and safety. The licenses would provide for more oversight of the facilities, state officials said last year when they began the process.

Libal said he didn’t expect the facilities to clear out immediately after the ruling and expected an appeal. But he said the ruling will affect how the government and the companies move forward.

“The Flores settlement says that unlicensed and secure detention centers cannot detain children. I think that these facilities would be operating outside of that,” he said. “I know that’s a question for federal courts, but I’m happy that the court has reiterated what we’ve been saying and what’s basically common sense — that a prison is not a child care facility.” Read more about Immigration detention centers will continue operating despite judge's ruling

Dec 6, 2016
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Texas Observor

More Than 500 Central American Families Freed from Detention after Court Ruling

An immigrant shelter and a Mennonite church in San Antonio are hosting hundreds of Central American women and children released unexpectedly over the weekend from two detention centers in South Texas.

Volunteers are scrambling to house all the families, who now need to secure bus and airplane tickets so they can reunite with relatives in the United States. Some advocates suspect the mass release of immigrants is due to a court ruling last Friday that prohibits Texas from licensing immigration jails as child care facilities.

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Despite comments from RAICES saying the releases over the weekend are unprecedented, ICE said in a prepared statement that it was “scheduled as part of normal operations and not in response to the court ruling.”

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“For whatever reason, the releases are a good thing,” said Bob Libal, director of Grassroots Leadership, a nonprofit immigrant advocacy group that was a plaintiff in the lawsuit settled last Friday. Grassroots Leadership, along with detained Central American women and children, sued the Texas Department of Family and Protective Services (DFPS) after it granted a child care license to private prison corporation Geo Group to fill the detention center in Karnes with women and children from Central America who were seeking asylum.

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Libal said the state of Texas rubber-stamped the immigrant jails to placate the federal government, allowing for substandard child care regulations such as housing eight unrelated people in the same room.

But after last Friday’s court ruling, the state can no longer provide the certification, which means the two family immigrant detention facilities are out of compliance with federal law. Libal said he and many others would like to see the child detention facilities close for good. But it’s still unclear whether there’s any penalty for being out of compliance, or whether ICE will stop detaining children anytime soon.

The state is already appealing Friday’s ruling, Libal said. “The Obama administration shouldn’t be turning over detention camps to Donald Trump,” he said. Read more about More Than 500 Central American Families Freed from Detention after Court Ruling

Dec 5, 2016
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ABC News

Texas Appeals Ruling That Bans License for Detention Centers

The Texas attorney general on Monday appealed a judge's ruling that prevents state officials from issuing child care licenses to two federal detention centers in South Texas holding families that have illegally entered the U.S.

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State District Judge Karin Crump on Friday ruled the department cannot issue the licenses. Crump's ruling did not offer an explanation for her decision, but she had previously issued an injunction against the licenses from being issued, determining at one point that the state agency had improperly fast-tracked changes to create a path for the facilities to get licensed.

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The lawsuit that brought Crump's ruling was filed by Austin-based activist group Grassroots Leadership, which contends the facilities are prisons that are inappropriate for family detention and that minimum standards have been lowered to license them. The group's director, Bob Libal, said Monday that it's part of broader legal efforts to have federal officials adhere to a longtime agreement that called for children and their families to be held only for a short time before being released to family, friends or others while their cases are decided.

"Evidence is continuing to mount that not only is the detention immoral but it's also illegal," Libal said. Read more about Texas Appeals Ruling That Bans License for Detention Centers

Dec 5, 2016
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The Huffington Post

Hundreds Of Immigrant Moms And Kids Freed From Detention After Texas Court Ruling

Hundreds of women and children were released from two family detention centers over the weekend, after a Texas state judge sided with critics who say the facilities more closely resemble jails than child care centers.

The mass releases were a victory for immigrant rights advocates, who argue that it’s unnecessary and inhumane to lock up undocumented mothers and kids seeking asylum in the U.S.

The state lawsuit focused narrowly on emergency rules designed to allow the detention facilities to meet Texas’ child care licensing standards. But the state case arises out of ongoing federal litigation, which has put Immigration and Customs Enforcement on notice that these facilities are not acceptable places to house kids.

“This may not be the end of our legal battles,” said Bob Libal, executive director of Grassroots Leadership, which brought the state lawsuit. “But for now, if these facilities want to apply to operate as child care facilities, they have to do it like any other child care facility ― rather than the state designing a rule that fits prisons.”

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The Karnes and Dilley detention centers would need to make significant changes to qualify as child care facilities under previously established Texas law. One problem is that the centers hold multiple families together in a single unit, meaning children have been housed with unrelated adults ― a generally prohibited practice for child care facilities because of the risk of abuse.

Another key issue is that children’s presence at licensed child care facilities is essentially optional and they can leave. By contrast, kids can’t leave the detention centers at Karnes or Dilley unless ICE or an immigration judge releases them.

Despite the ongoing litigation, ICE extended CoreCivic’s contract to run the Dilley detention center in October.

 
Read more about Hundreds Of Immigrant Moms And Kids Freed From Detention After Texas Court Ruling
May 20, 2016
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San Antonio Current

For-profit Prison Companies in Texas Made Big Money Jailing Immigrants so Far This Year

Two private for-profit prison companies operating immigrant detention facilities in Texas reported strong financial gains to shareholders this month.

The GEO Group, which operates the immigrant detention facility in Karnes County, and Corrections Corp. of America, which runs a similar facility in Dilley, Texas, are rolling in cash.

Grassroots Leadership, an Austin-based organization that seeks to end the for-profit prison industry, reports that GEO Group told shareholders that the 626-bed expansion of the Karnes facility in December 2015 is one of a few reasons why its first quarter revenue for 2016 "increased to approximately $510 million from $427 million a year ago." Read more about For-profit Prison Companies in Texas Made Big Money Jailing Immigrants so Far This Year

May 4, 2016
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The Guardian

Lawsuit aims to stop licensing of Texas immigration detention facilities

Immigration activists are fighting back against a Texas decision to license immigration detention centres that critics call “baby jails”.

A lawsuit was launched on Tuesday in an attempt to stop the licensing, four days after the Texas department of family and protective services (DFPS) granted a childcare licence to one of two federal family holding facilities near San Antonio, with the second set to receive its permit imminently.

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Yet the DFPS pressed on and now faces a lawsuit from Grassroots Leadership, an Austin-based group opposed to private prisons, and two detained mothers. It argues that the DFPS is overstepping its authority by regulating places that are not, in reality, childcare establishments. Patrick Crimmins, a DFPS spokesman, said the agency is reviewing the suit and consulting with the state’s attorney general’s office.

“By all reasonable measures, family detention camps are prisons. They are not childcare facilities,” Bob Libal, executive director of Grassroots Leadership, said in a statement. It is not the first time the group has taken legal action on the issue: It won a temporary injunction last November to stop the state from using an emergency rule to fast-track the licensing process without public comment. Read more about Lawsuit aims to stop licensing of Texas immigration detention facilities

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