Two advocacy groups are suing the Trump administration for stopping the use of new rules, saying they have put immigrant children in federal custody and separated from their families for several months as their children's mental health worsens.
The National Youth Center for Law and Democracy Forward, who represents a Los Angeles-based immigration advocacy group for the District of Columbia in the U.S. District Court, two siblings of California foster care workers, a teenager who was detained while he was detained while other children crossed federal programs among the legal groups on the southern border and have been extended federally.
The lawsuit alleges that the Department of Health and Human Services and its Refugee Resettlement Office, which manages programs to care for children until they are released to sponsors in the United States, usually families. HHS did not respond to the Times' request for comment.
Since January, the Trump administration has implemented a series of new safety regulations that require families who wish to reunite with children to provide proof of income and proof of U.S. identity, and in many cases, DNA testing is required.
These policies can be daunting for undocumented family members, some of whom are unable to obtain a U.S. ID or do not have a regular salary.
"The policy changes that our clients challenge will not increase children's safety, but will raise insurmountable obstacles," said Mishan Wroe, an attorney at the National Youth Law Center.
“When a person who can only be denied release to his parents because their only photo ID is a foreign passport, it is difficult to see it as a life as difficult as possible in an immigrant family seeking security in our country.”
According to ORR data, the length of time children are still in custody has tripled - from 37 days in January to 112 days in March.
Lawyers argue that the changes were launched within months and that have been upended on the cliff of reunion with children.
Among the people named in the lawsuit is a 17-year-old girl known as Angelica S. She crossed the border in November and her sister began sponsoring her, providing her passport and fingerprint. However, because Angelica is pregnant and expires in February, Orl will not release her until after her baby is vaccinated in April. By then, new regulations had been implemented and her sister Deisy was unable to obtain the required documents.
In March, in the change, the government removed rules prohibiting the collection and sharing of immigration identities with law enforcement. It also canceled a statute that prevented ORR from refusing to release children based solely on the legal status of the sponsor.
According to the lawsuit, Angelica's case manager asked her to find a new sponsor with documents. But everyone she patted was too worried about being reported to immigrants.
"It's really hard for me to be separated from my family during this time," the attorney commented. "My sister did everything my case manager asked her to do. I don't understand why I can't live with her."
Angelica has been considering raising her daughter to be detained until she was 18 years old. By then, her daughter will be 10 months old.
In the past, immigration and customs law enforcement officers had already received minors on their 18th birthday.