The Trump administration views itself as bound by the much-ballyhooed but legally erroneous Flores consent decree, which initially covered detention release times merely for unaccompanied alien children at our border, but has been subsequently extended to also cover accompanied alien children. I explained in a Daily Wire op-ed this week:
The Flores consent decree was likely itself illegal, insofar as it undermined the clear statutory text of 8 U.S.C. § 1225(b)(B)(iii)(IV): “Any alien subject to the [asylum interview] procedures under this clause shall be detained pending a final determination of credible fear of persecution and, if found not to have such a fear, until removed.” …As the statute sub-heading reads verbatim, this amounts to “mandatory detention.” No room for ambiguity there!
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