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U.S. policy of expelling migrant children without an asylum interview challenged in class-action lawsuit
The administration has argued in court that the children it seeks to expel under the public health directive are not in the "legal custody" of the immigration authorities physically apprehending them, but rather in the "legal custody" of CDC officials they never interact with while on U.S. soil. Citing this argument, lawyers for the administration have said migrant children are not protected under the landmark Flores Settlement Agreement, which ensures them access to counsel and mandates their prompt release from detention.
In their lawsuit Friday, the ACLU, the Texas Civil Rights Project and Oxfam America argued that the centuries-old public health law the administration is citing to expel migrants does not authorize expulsions. The law, first enacted in the late 19th century and recodified during the 1944s, authorizes the surgeon general to bar the "introduction of persons or property" posing the danger of introducing a communicable disease into the U.S.
The groups argued that expelling unaccompanied migrant children violates a 2008 anti-trafficking statue that requires their prompt transfer to the refugee agency and protects them from expedited deportations, as well as laws that afford them access to humanitarian protections from deportation, like asylum.
https://www.cbsnews.com/news/lawsuit-seeks-to-halt-u-s-policy-of-expelling-migrant-children-without-an-asylum-interview/