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Children are being kept in immigration custody longer than allowed, advocates say

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Oct 17, 2011
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As Khelin Marcano was preparing for her routine scheduled appointment with Immigration and Customs Enforcement in December, she debated packing a bag full of her 1-year-old daughter's clothes. While she and her husband had been attending appointments without issue, she knew others were being detained at government buildings by immigration authorities.

"When they told us we were being detained, it felt like we already knew, all along," Marcano told ABC News.

[They were detained] joining hundreds of other families that the government has held for durations that advocates say exceed the limits established by federal court rulings.

The family entered the U.S. using the Biden-era Customs and Border Protection app in 2024, according to court documents. They were processed and granted parole to live in the country while applying for asylum. The family was released last week after their 60-day detention and their first court date is scheduled for 2027, according to their attorney.
...
Those restrictions stem from the Flores Settlement, a 1997 legal agreement that a federal court has interpreted to mean that the government generally should not hold children in immigration custody for more than 20 days.

"For years, the Flores consent decree has been a tool of the left to promote an open borders agenda," the DHS spokesperson said.

[Well, take it up with Congress or the Courts. You don't get to just choose to ignore the consent decree and the courts.]
...
[During their detention, the child grew sick and feverish.]

"The doctor told me that fever was a good sign because it meant she was actively fighting a virus," Marcano said in Spanish.

Marcano said it was only [after the child grew worse and she made a stink] that staff at Dilley transported her and Amalia by ambulance to a regional hospital, and later to a larger hospital in San Antonio. The 1-year-old was diagnosed with COVID-19 and a respiratory virus. according to the family and their habeas petition.

According to Marcano's complaint, hospital staff provided her with a nebulizer and Albuterol to treat Amalia's respiratory distress -- but when they returned to the Dilley facility, the staff immediately confiscated both the nebulizer and the medication.
 
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