Congressional Hispanic Caucus to DHS: Uphold the Flores Settlement and Release Families at Karnes Detention Center

WASHINGTON— Congressional Hispanic Caucus members called on Department of Homeland Security (DHS) Secretary Kristjen Nielsen and Acting ICE Director Ronald D. Vitiello to work quickly to release all eligible families held at the Karnes Family Detention Center. This letter follows reports that some families are being held at the Karnes Center for over 40 days despite the Flores Settlement Agreement indicating that children should generally be released after 20 days. Prolonged family detention can cause irreparable harm to children and prevents families from accessing critical medical care not available at detention centers.

The letter was led by Congressional Hispanic Caucus Chair Joaquin Castro (TX-20) and signed by 17 additional Hispanic Caucus members: Congresswoman Nanette Diaz Barragán (CA-44), Congressman Adriano Espaillat (NY-13), Congresswoman Veronica Escobar (TX-16), Congressman Vicente Gonzalez (TX-15), Congressman Raúl Grijalva (AZ-3), Congressman Jesús G. "Chuy" Garcia (IL-4), Congresswoman Debbie Mucarsel-Powell (FL-26), Congressman José E. Serrano (NY-15), Congresswoman Sylvia Garcia (TX-29), Congresswoman Alexandria Ocasio-Cortez (NY-14), Congresswoman Norma J. Torres (CA-35), Congresswoman Nydia M. Velázquez (NY-7), Congressman Juan Vargas (CA-51), Congressman Darren Soto (FL-9), Congressman Albio Sires (NJ-8), Congresswoman Grace Napolitano (CA-32), and Congressman Pete Aguilar (CA-31).

"Detaining families and children is a practice that can cause irreparable harm and deeply contradicts our Nation's values. The majority of these vulnerable families are fleeing violence, persecution and even death, and they had to make the difficult decision to leave their home countries and make the treacherous and dangerous trek to seek safety in the U.S. As a result, some of these families and children need medical care and trauma services that cannot be effectively or adequately provided in detention or jail-like settings. In fact, the Congressional Hispanic Caucus has heard multiple reports of children that have fallen ill while in detention and in one case, a toddler tragically died from an illness caught in custody," the Members wrote. "We ask that DHS work quickly to release all eligible families and allow them to continue fighting their cases outside of detention. Further, we will continue investigating and requesting information to ensure that DHS is not violating Flores protections at Karnes and other detention facilities."

Full text of the letter follows and can be found here.

Dear Sec. Nielsen and Acting ICE Director Ronald D. Vitiello,

We write to express our concerns with the Department of Homeland Security detaining families in jail-like conditions at the Karnes Family Detention Center for over 20 days, some as many as 41 days. Detaining families and children is a practice that can cause irreparable harm and deeply contradicts our Nation's values. The majority of these vulnerable families are fleeing violence, persecution and even death, and they had to make the difficult decision to leave their home countries and make the treacherous and dangerous trek to seek safety in the U.S. As a result, some of these families and children need medical care and trauma services that cannot be effectively or adequately provided in detention or jail-like settings. In fact, the Congressional Hispanic Caucus has heard multiple reports of children that have fallen ill while in detention and in one case, a toddler tragically died from an illness caught in custody.

The detention of children is universally condemned. The United Nations notes in its Convention on the Rights of the Child that child detention should be "used only as a measure of last resort and for the shortest appropriate period of time." The American Academy of Pediatrics has stated even short stints of detention "cause psychological trauma and induce long-term mental health risks for children" and that "there is no evidence indicating that any time in detention is safe for children." Even DHS whistleblowers have said that the detention of migrant families "poses high risk of harm to children and their families. Even more, our own nation made an agreement, under the Flores Settlement, to not detain children for more than 20 days and only in "emergency" or "influx" shelters. We as a nation understood that children in our country should have limited exposure to any type of detention facility.

In fact, the Congressional Hispanic Caucus and many Members of Congress have called for the end of family detention for many years. There is no reason to detain families and children for weeks at a time. Families can instead be released to live with friends and relatives as they navigate the asylum process and their children receive adequate care and education. Instead, these families are locked up at Karnes and are suffering every day.

We ask that DHS work quickly to release all eligible families and allow them to continue fighting their cases outside of detention. Further, we will continue investigating and requesting information to ensure that DHS is not violating Flores protections at Karnes and other detention facilities.

We appreciate your attention to this important matter.

Sincerely,

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The Congressional Hispanic Caucus (CHC), founded in December 1976, is organized as a Congressional Member organization, governed under the Rules of the U.S. House of Representatives. The CHC is dedicated to voicing and advancing, through the legislative process, issues affecting Hispanics in the United States, Puerto Rico and U.S. Territories.