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DHS Issues Regulation Closing the Flores Catch-and-Release Loophole

By Daniel M

August 21, 2019

The Department of Homeland Security is issuing a Floresregulation which will allow border agencies to detain migrants and children for multiple weeks until their legal claims for asylum can be completed.

The regulation replaces the 2015 court-ordered Flores rule which said migrants with children must be released after 20 days, even if officials suspect the migrants are ineligible for asylum.

Pro-migration advocates strongly oppose the regulation, even though it is also likely to reduce the death of children who are brought up to the border by their job-seeking parents. The opponents are expected to ask judges to block the regulation before it can go into effect.

On Wednesday morning, the regulation will be detailed by DHS Secretary Kevin McAleenan and by Alex Azar, the secretary of Health and Human Services.

The regulation says migrants with children will be detained in state-licensed shelters until their various claims for asylum are either approved or denied, according to the regulation.

Officials expect the promise of family detention will sharply reduce the economic incentive for migration from Central America, Africa, and Asia, because it will prevent migrants from getting U.S. jobs to pay their smuggling debts to the cartel-affiliated coyotes. Without the revenue from a job in the United States, migrants know they will likely lose the farms and houses which they typically mortgage to pay the smuggling coyotes upfront.

The regulation replaces the so-called Flores court decision, made in 2015 by Democrat-nominated Californian Judge Dolly Gee. Her decision has enabled more than 433,000 poor “family unit” migrants to walk through the border wall since 2018, and then into blue-collar Americans’ jobs, rental markets, and K-12 schools.

Wealthy progressives welcome this huge inflow, partly because it provides them with a new wave of cheap, compliant, and grateful workers to service their restaurants, clean their houses and trim their lawns – without intruding into their suburbs or their childrens’ schools.

Almost 80% of Democrat voters want to make migration easier, incl. 37% who say the goal is "very important," says Pew. GOP is opposite – 77% want to make migration harder. A class angle: Only 10% of Dems say migrants take jobs mostly sought by Americans. https://t.co/s9aghU0JWy

— Neil Munro (@NeilMunroDC) August 14, 2019