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COVID-19: ICE detains immigrant children in private hotels pending Title 42 expulsion

  1. Date Announced

    July 22, 2020

    ICE 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]

    View Policy Document
  2. Effective Date of Change

    March 20, 2020
  3. Subsequent Action

    September 4, 2020

    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.**

    ORDER RE PLAINTIFFS’ MOTION TO ENFORCE SETTLEMENT AS TO “TITLE 42” CLASS MEMBERS
  4. Subsequent Action

    September 11, 2020

    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.

    ORR Declaration
  5. Subsequent Action

    September 11, 2020

    Declaration of Deputy Border Patrol Chief Raul Ortiz, submitted in Flores v. Barr litigation,
    confirms DHS use of private hotels to detain children and families pending expulsion under Title 42.

    Declaration of Raul L. Ortiz
  6. Subsequent Action

    October 4, 2020

    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.**

    Denial of Motion to Stay
  7. Subsequent Action

    June 30, 2021

    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.**

    2021.06.30 Flores v. Garland

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.

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