Court: Immigrant Detention Is Child Care

December 7, 2018
Austin Chronicle

After the flow of unaccompanied minors and families from Central America intensified beginning in 2014, the agency decided to help the centers – both among the country's largest and operated by private, for-profit firms (CoreCivic and GEO Group) – skirt the requirements of federal court rulings governing the detention of minors. Instead, DFPS adopted an emergency rule in 2015 that dubbed them "family residential centers" – a euphemism that belies their poor conditions – and only mandated minimal state standards for child welfare ("Child Care Center or Baby Jail?" March 18, 2016).

That rule hasn't been implemented because immigration advocacy group Grassroots Lead­ership filed suit in Travis County to block it, and in 2016 state District Judge Karin Crump issued an injunction against DFPS. ("Detention Is Not Child Care," Dec. 9, 2016). Texas Attorney General Ken Paxton appealed that ruling shortly afterward.

Now, thanks to the 3rd Court of Appeals, that injunction has been reversed.