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Original Date Announced
July 22, 2020ICE has been detaining children and families in private hotel chains to await expulsion under Title 42 since March 2020. The practice was first reported by the Associated Press in June, then confirmed by DHS and ORR in the course of litigation. [ID #1194]
Go to article on apnews.comEffective Date
March 20, 2020Subsequent Trump-Era and Court Action(s)
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September 4, 2020
ORDER RE PLAINTIFFS’ MOTION TO ENFORCE SETTLEMENT AS TO “TITLE 42” CLASS MEMBERS
Federal judge orders Trump administration to stop detaining children and families in hotels pending expulsion under Title 42.
**Litigation is listed for informational purposes and is not comprehensive. For the current status of legal challenges, check other sources.**
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September 11, 2020
Declaration of Raul L. Ortiz
Declaration of Deputy Border Patrol Chief Raul Ortiz, submitted in Flores v. Barr litigation,
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confirms DHS use of private hotels to detain children and families pending expulsion under Title 42. -
September 11, 2020
ORR Declaration
Declaration of Deputy Chief of ORR Jallyn Sualog, submitted in Flores v. Barr litigation, confirms DHS use of private hotels to detain children and families pending expulsion under Title 42.
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October 4, 2020
Denial of Motion to Stay
The Ninth Circuit denies the government’s motion to stay the district court's order pending appeal.
**Litigation is listed for informational purposes and is not comprehensive. For the current status of legal challenges, check other sources.**
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June 30, 2021
2021.06.30 Flores v. Garland
The Ninth Circuit upheld the district court's order enjoining DHS from "detaining certain minors in hotels for more than a few days in the process of expelling them from the country."
**Litigation is listed for informational purposes and is not comprehensive. For the current status of legal challenges, check other sources.**
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September 16, 2021
2021.09.16 Huisha-Huisha v. Mayorkas, No. 21-100(EGS) (D.D.C., September 16, 2021).
On September 16, 2021, Judge Emmet Sullivan issued a preliminary injunction to prevent U.S. border officials from using Title 42 to expel families with young children seeking asylum.
**Litigation is listed for informational purposes and is not comprehensive. For the current status of legal challenges, check other sources.**
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March 4, 2022
2022.03.04 Huisha Huisha v. Mayorkas 21-5200 (CADC March 4, 2022)
On March 4, 2022, the DC Circuit issued a decision in Huisha-Huisha v. Mayorkas, upholding in part the district court's September 2021 preliminary injunction. This decision impacts asylum seekers affected by Title 42, including accompanied children. The DC Circuit held that, though "[i]t is likely that [Title 42] grants the Executive sweeping authority to prohibit aliens from entering the United States during a public-health emergency[, and] that the Executive may expel aliens who violate such a prohibition," the government may not expel noncitizens "to countries where their 'life or freedom would be threatened on account of their 'race, religion, nationality, membership in a particular social group, or political opinion' or where they will likely face torture." The court remanded for implementation of these withholding and Convention Against Torture standards, and assessment of the plaintiff's Administrative Procedure Act arbitrary and capricious claim.
**Litigation is listed for informational purposes and is not comprehensive. For the current status of legal challenges, check other sources.**
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Current Status
Not in effectOriginal Trump Policy Status
Status: Reported In Litigation Enjoined/VacatedTrump Administration Actions: Change in Practice Data and ReportsAgencies Affected: ICEAssociated or Derivative Policies
Commentary
Texas detention facility becomes staging ground for expulsions of migrant families with children
The Trump administration's decision to use the Karnes facility as a detention center for migrant parents and children in rapid expulsion proceedings comes after a federal judge ordered it to stop holding minors in hotels beyond limited three-day stays.
Go to article on cbsnews.com