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ICE Waits for Undocumented Minors to Turn 18, Cuffs Them on Their Birthdays

"When they turn 18, it's basically, 'Happy birthday,' and then they slap on handcuffs and take them off to adult detention centers," one attorney says.

Tina Burch/ZUMA Press/NewscomTina Burch/ZUMA Press/Newscom

Turning 18 isn't a happy occasion at the Homestead Temporary Shelter for Unaccompanied Children in Miami-Dade County, Florida. In at least 14 cases, Immigration and Customs Enforcement (ICE) agents have reportedly waited for undocumented minors at the shelter to turn 18, then almost immediately put them in handcuffs and hauled them off to an adult immigration jail.

"When they turn 18, it's basically, 'Happy birthday,' and then they slap on handcuffs and take them off to adult detention centers," Lisa Lehner, an attorney with the nonprofit legal group Americans for Immigrant Justice, tells the Miami New Times.

Nolbiz Orellana, a native of Honduras, is one of the undocumented immigrants Lehner's organization is representing. He says he fled Honduras in January at the age of 17 after one of his abusive mother's gang associates threatened him with a gun. Orellana crossed the U.S.-Mexico border, asked for asylum, and was placed in the Homestead shelter.

Orellana turned 18 on April 8, then things started to get a whole lot worse. The New Times reports:

That's when Immigration and Customs Enforcement agents showed up at the children's shelter, slapped handcuffs on Orellana's wrists, chained them to his waist, and shackled his legs together. The agents drove Orellana to the Broward Transitional Center, an infamous immigration jail in Pompano Beach, where he was thrown into a cell with men twice his age.

According to Lehner, 13 other undocumented teens at the Homestead center have suffered similar fates. Though an ICE spokesperson in Miami tells the New Times that the agency hasn't done anything wrong, Lehner says this practice is completely illegal.

"It violates specific, federal law and goes against congressional intent as to what is supposed to be happening with these kids," Lehner tells the New York Daily News. "There are two federal statutes that say when a child turns 18, it's the responsibility of ICE to find the least restrictive setting for them to take residence if they are going to be staying in the country. Instead of finding the least restrictive setting, they are putting them in the most restrictive setting."

She's right. In 1997, the federal government reached a settlement in the case of Jenny Flores, an undocumented immigrant from El Salvador. The government agreed to release undocumented minors into the "least restrictive" setting as quickly as possible. The Trump administration tried to modify this settlement in July, but that attempt was rejected by a federal judge in California.

The Flores settlement was codified in 2008 by the Trafficking Victims Protection Reauthorization Act. In 2013, an amendment to that law extended its protections to undocumented children taken into custody by ICE after they turn 18.

Under the Trump administration, it seems these rules are simply being ignored. The Office of Refugee Resettlement (ORR) says that in the 2014 fiscal year, only one percent of undocumented minors in the agency's care turned 18. In 2017, 2.4 percent "aged out."

In Orellana's case, Lehner says he should have been released to his relatives in Nebraska. Instead, ICE waited until his 18th birthday and threw him in "prison," she tells the Daily News.

Thus far, Americans for Immigrant Justice has filed suits on behalf of seven of the 14 undocumented teens taken into ICE custody as soon as they turned 18. Five off those teens have been released, but according to Lehner, it's not enough.

"We've been successful in filing these petitions and getting ICE to act, but it would be much better if ICE would just stop this process in the first place," she tells the New Times. "The law is crystal clear."

Photo Credit: Tina Burch/ZUMA Press/Newscom

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  • JWatts||

    Isn't this standard procedure for any Juvenile in a holding facility? The day you turn 18 they remand you to a normal adult holding facility. Indeed, it's legally required.

  • Unicorn Abattoir||

    Agree, but are they required to place that juvenile in "the least restrictive setting"?

    If the law carves out this exception for illegal immigrants, I think there's still an issue.

  • JWatts||

    "If the law carves out this exception for illegal immigrants"

    Agreed.

  • Last of the Shitlords||

    If any of this is actually true. Reason has destroyed their credibility with articles about illegals. It's all just progtard propaganda now.

  • scJazz||

    Within the last 24 hours Slate and Jezebel along with other sites have run this same story. Pretty messed up since I come to Reason to avoid Liberal Bias. There has been far too much of that recently here at Reason.

  • Brandybuck||

    Except the juveniles haven't committed a crime. Their parent brought them here, so while their parents may be guilty of seeking asylum, the children are not. The case mentioned above is unusual because the guy sought asylum on his own without his parents.

  • DiegoF||

    This is an excellent point. The usual rhetoric (which I tend to be sympathetic to) that "these border crossers are nothing but accused criminals that we are holding" actually works strongly against the practice of transfering children in protective ICE custody into the adult holding system upon emancipation. If these border jumpers really are nothing but a pack of criminals, so much the greater travesty to put these innocent young people into their midst, when they are not even accused of committing any crime!

  • ||

    The case mentioned above is unusual because the guy sought asylum on his own without his parents.

    Unusual sounds a bit... exceptional. Common but not the predominant case sounds more accurate. Considering ICE agents find 6 yr. olds stranded in the desert with a lunchbox and a bottle of Coke, I'm not entirely convinced Sessions is wrong when he says 80% of illegal immigrant minors are unaccompanied. Even kicking Sessions in the nuts and taking his opposition's numbers as fact, the %age is still 40-60% rather than < 10-20%.

  • Mark22||

    Except the juveniles haven't committed a crime.

    Deportation isn't punishment for a crime, it is simply restoring legal status.

    Their parent brought them here, so while their parents may be guilty of seeking asylum, the children are not. The case mentioned above is unusual because the guy sought asylum on his own without his parents.

    Nobody is "guilty of seeking asylum"; asylum is a right. However, people from South America usually do not have a right to seek asylum in the US after they have passed through Mexico, since Mexico is a safe country.

    Furthermore, parental abuse (as in this case) is not grounds for asylum at all.

  • Last of the Shitlords||

    According to the open borders crowd, illegals are entitled to anything they want whenever they want it. At our expense, and we are to have no say in anything.

  • gaoxiaen||

    Gotta meet those quotas.

  • Jul||

    17 year old Americans are held in jail not juvenile facilities. These illega aliens are afforded special privilege. I think they should remove all 17 year olds from this children facilities.

  • posmoo||

    fantastic

  • Diane Reynolds (Paul.)||

    The only thing I'm wondering is not whether or not ICE engages in some really ugly practices and is a largely unaccountable federal agency (and we know who tends to like those because, you know, they're "above" politics), but why we suddenly discover how awful they are when they've probably been awful for 20 years. Well, in ICE's case, it looks like fifteen, but I'll not split hairs.

    What can we do as a nation to realize that these agencies are awful earlier in the process, or perhaps there's some way... some trick we can use to better predict if they'll be awful before they're created?

  • Rich||

    some trick we can use to better predict if they'll be awful before they're created?

    Well, we could look at their proposed acronyms.

  • Unicorn Abattoir||

    We can assume that any agency that's around long enough will become awful, and require that a life span be identified for any agency created.

  • JonFrum||

    Sounds good to me - build the wall, and deport them all.

    Have you noticed how The Wall has disappeared from discussion. It happens every time. Yet when refugees/immigrants came flooding into Europe not long ago, multiple European countries built fences at their borders with upstream countries. After minor protests, it was immediately forgotten. Why is it such a big deal for us?

  • Sometimes a Great Notion||

    Why is it such a big deal for us?

    2000 Mile Border
    Fed Contracting Laws = $$$$
    Private Property Rights
    Water Treaties
    Hysterical Left Wing Media
    Hysterical Right Wing Media
    Corrupt Border Officials - kinda of no reason to build a wall when the guy watching it can be bought off. Happens a lot per some illegals I have conversed with in the past.

  • Brandybuck||

    Don't forget two centuries of being able to freely cross the border without needing papers-please. There are towns in the southern border states where it was common practice for over century to walk across the border every morning to work, the walk back home in the evening. Both directions. Legally.

  • ||

    There are towns in the southern border states where it was common practice for over century to walk across the border every morning to work, the walk back home in the evening. Both directions. Legally.

    The horror!

  • ||

    There are towns in the southern border states where it was common practice for over century to walk across the border every morning to work, the walk back home in the evening. Both directions. Legally.

    And no amount of walking across any number of borders with or without papers would get a woman a state-funded abortion you patriarchal shitlord!

  • Mark22||

    2000 Mile Border
    Fed Contracting Laws = $$$$
    Private Property Rights
    Water Treaties

    2.5x as long as California's High Speed Rail, but much more low tech. Sounds like we should be able to build the wall for less than HSR.

  • Last of the Shitlords||

    I listened to an enterview last spring on Andrew Wilkow's show. he interviewed a couple of engineers from a contractor who was bidding to design and build the wall. It was a multi layered wall that sounded very secure. They claimed the cost would be between $2-3 billion per year over six years to complete the project.

  • Sevo||

    Sometimes a Great Notion|8.23.18 @ 5:17PM|#
    [...]
    "Corrupt Border Officials - kinda of no reason to build a wall when the guy watching it can be bought off. Happens a lot per some illegals I have conversed with in the past."

    In northern China several years back and we get the obligatory visit to the Great Wall (and it is GREAT!)
    The guide's English is really good, and that makes conversation easy since my Mandarin sucks. I point to the wall, saying 'That's a pretty formidable barrier for the time. How did the Mongols get through?'
    He shrugged; 'They bribed somebody'.

  • ||

    The agents drove Orellana to the Broward Transitional Center, an infamous immigration jail in Pompano Beach, where he was thrown into a cell with men twice his age.

    Yeah, more than half of me wants to say that as long as they aren't his abusive father's gang and threatening him with a gun, he should be thanking the American taxpayers, native and immigrant, for their generosity.

    I loathe the blatant move from "We're not in favor of open the borders, that's just crazy talk, we just want families to stay together." to "OK, We really are open borders."

    I wonder if the DEA/CIA couldn't employ some of these (former) kids to route the gangs and topple crackpot regimes. Certainly not the least interventionist option but, IMO, not the worst option among many bad ones.

  • Hugh Akston||

    Rhyming is the mark of a thoroughly considered political philosophy.

  • DiegoF||

    It's why I supported Jesse in '88. I don't recall him getting a formal endorsement from Dr Seuss, but it certainly seemed like a good bet. Dukakis made a strong case for himself by resembling a Muppet, but in the end this Very Young Democrat's mind was decidedly made up.

  • ||

    I still can't hear someone say "The Question is Moot" without thinking of Jesse.

  • DiegoF||

    Ah, that's right! And now I think I remember he actually did read from a real Dr Seuss book on a much later SNL appearance, on Nealon-era Update some years after he had retired from politics.

  • Untermensch den 2||

    This would be what you are talking about: https://www.youtube.com/watch?v=A1mqg4C0awA

  • Diane Reynolds (Paul.)||

    Diego beat me to it. I seem to remember rhyming was Jesse Jackson's central campaign technique.

    But the point is moot.

  • Hank Phillips||

    Seasoned Reason subscribers will recall that the Republican platform closely copies planks 4, 5, 7, 8, 15, 18, 21, 23, 24 and 25 from the 25 Points in Hitler's 1920 Nationalsocialist party platform. Small wonder Republicans are so thickly mobbing this article as fake libertarian infiltrators. They must be really scared of the hockey-stick uptick in law-changing LP spoiler votes since Y2k

  • Unicorn Abattoir||

    Totally O/T

    Amazon bans online sale of plans for the liberator 3-D printed handgun.

    Amazon Bans Gun Book

  • Diane Reynolds (Paul.)||

    Meh, you can download it off the internet, no matter what some low-rent judge claims.

  • loveconstitution1789||

    Amazon has been on an anti-gun binge for weeks now. Banning sales of all gun related equipment.

    Amazon has been going down hill for months,

  • Brandybuck||

    They're trying to suck up to the Seattle proggies for fear if they don't they will get "nationalized" by the city council. I wouldn't put it past Seattle at this point. The sooner they can manage to completely move out of that city the better.

  • ||

    Amazon has been going down hill for months,

    Years. At this point for me, it's more like a shopping-list version of del.icio.us than it is an actual online marketplace. It's pretty clear that they've been more about cloud services for a while.

  • Unicorn Abattoir||

    But just gun-related equipment. Just pointing out the hypocrisy of it all. As noted in the article:

    Amazon has also long sold a wide range of instruction manuals detailing how to construct improvised weapons. The Anarchist Cookbook is available for sale on the site. The U.S. Army Improvised Munitions Handbook is available for sale. The U.S. Army Special Forces Guide to Unconventional Warfare: Devices and Techniques for Incendiaries is listed for purchase. The U.S. Department of the Army Field Manual on Boobytraps is available on the site as well.

  • loveconstitution1789||

    They sent out notices to all of us that sell on Amazon that gun related products will be banned from sale on Amazon.

    Not sure about gun related books. I forget the date it goes into effect.

  • loveconstitution1789||

    As I have already sold off all the bump stocks that I purchased post Vegas shooting.

  • DiegoF||

    Ridiculous but fortunately pretty far down on the list of things to be stressing out about right now in terms of actions of tech and finance oligopolists. Those plans were hardly about to be a Times bestseller; it's a safe bet that the class of people who actually would have purchased them for use on their 3D printer is going to be impeded precisely to no extent by this action. Millions of Americans buy guns every year, on the other hand; and Alex Jones has been teaching tens of millions of people worldwide about the dangers of government-induced frog homosexuality. Internet platforms and financial service companies are now openly declaring themselves to be ideological gatekeepers, and are being cheered for it. It's certainly a good thing that it is happening this rapidly and this blatantly, as it will force anyone wary of putting them in charge of determining society's values to innovate competition and/or fight against government policy that artificially reinforces their oligopoly.

  • Unicorn Abattoir||

    Not really the point I was trying to make.

    And while Alex Jones is out of his mind, he's right about the gay frogs.

  • DiegoF||

    Was that your piece you wrote for the Free Beacon? You should have said something; I'll admit I didn't click on it because I'd heard of this news already!

  • Diane Reynolds (Paul.)||

    Retail giant says book violated guidelines, won't say how

    The usefulness of vaguely crafted laws has not been lost on Corporate America.

  • perlchpr||

    Ironically, I acquired my copy of "Expedient Homemade Firearms" from them years and years ago.

    That's the book that provides plans and instructions for how to manufacture a 9mm submachine gun out of parts purchased at Home Depot.

    But yeah, I can see why they'd ban a book that's a printout of a computer program.

  • DiegoF||

    Expedient Homemade Firearms--now freshly taken off the site, of course. And when the link finally drops off Google's search results, it will make room for the new top result--the pdf of the same book! God bless the Internet.

    Probably was the way you'd have wanted to go in the first place, since the previous lowest dead-tree used price on Amazon was $3000. (Check the Google cache while you can!)

  • Ken Shultz||

    Since when is turning 18 a crime?! What the hell is this world coming to?

    Oh, they're illegal immigrants--and they're being lawfully deported?

    So do we want to change the law, or are we just going to complain about the way ICE does things?

    Can you make a case for why we should change the law--as in why it's in the best interests of America and Americans to change the law? I can!

    Trying to make people feel so sorry for immigrants that they'll change the law gets us exactly as much change as we have now. If you want the American people to demand change, you have to explain to them why change is in their best interests. Trying to make them feel guilty doesn't work. If it did, Coca Cola and Ford would use it in their advertising.

    Our cans of sugar water are so pathetic. For the love of God, please, please have pity and buy one today.

  • DiegoF||

    Isn't this supposedly a case of something close to the reverse--where the Executive Branch is defying more dovish statutory language to implement a more hawkish policy that might more closely comport with common-sense sentiment on the street? (I.e., immediately start treating kids like adults on their 18th birthday)

  • ||

    Trying to make people feel so sorry for immigrants that they'll change the law gets us exactly as much... rational change as what got us here.

    As I note above, what was before a "We don't want to open the borders, that would just be retarded*, we just want to treat children humanely." has changed into "We want to let foreign nationals in when they turn 18."

    *I Reason's defense, they've been consistently full-retard pretty much since the beginning, just maybe a little more vociferous recently.

  • bevis the lumberjack||

    "So do we want to change the law, or are we just going to complain about the way ICE does things?"

    The entire point of the article is that there is already a law in place - recently changed to address exactly these cases - for situations like this and ICE is simply ignoring it. Ignoring the law is bad when immigrants do it but good when the federal government does it?

  • Exsqueezeyou||

    "Trying to make them feel guilty doesn't work."

    Sure it does to a certain extent. Some are more immune. There would be a whole lot less doctors, lawyers and parental visits if it did not.

  • Mark22||

    Since when is turning 18 a crime?! What the hell is this world coming to?

    It's not a crime and they aren't being punished. They are illegally present in the country and they are detained until their status is determined.

    In this case, the guy does not have a right to asylum under US or international law, so he will likely be returned to his country of origin.

  • Mithrandir||

    So do we want to change the law, or are we just going to complain about the way ICE does things?

    Ken clearly forgot to read the article.

  • loveconstitution1789||

    These illegals can leave anytime they want before they get arrest for violating US Immigration law.

    No sympathy here.

  • buybuydandavis||

    Closing time
    You don't have to go home but you can't stay here.

  • DiegoF||

    I think there have been quite a few incidents in Europe where migrants have barricaded themselves in buildings and such as protests. If it ever comes down to it over here, that would be a fun song to blast at them Noriega-style.

  • UncleSam13||

    Good. And rain it's illegal Allen, not undocumented immigrant.

    Of cluster Resson has never met an immigrant, legal or not, it didn't want let into the country.

  • Hugh Akston||

    Deprot all th illegull Allens!

  • DiegoF||

  • Last of the Shitlords||

    Yes Hugh, we must deport the illegals.

  • DJF||

    """"after one of his abusive mother's gang associates threatened him with a gun. Orellana crossed the U.S.-Mexico border, asked for asylum, and was placed in the Homestead shelter.""""

    What!!!!!! He separated himself from his mommy!!!!!

    The monster!!!!!!!!!!

  • Exsqueezeyou||

    "What!!!!!! He separated himself from his mommy!!!!!"

    It's okay. He's not Italian.

  • DRM||

    So, given that he's from Guatemala, how did he manage to make it all the way to the US-Mexican border before finding an opportunity to request asylum? Mexico's party to all the same refugee treaties at the US.

  • ||

    Sure, they're the innovative entrepreneurial labor force of tomorrow but you can't expect these foreign nationals to know and understand the subtle nuances of international immigration and refugee laws. They leave their country knowing only which way is North but after a scant few years on American soil, they're as productive as any native who's spent 12 yrs. coming and going as they please in and out of the public education system.

  • DiegoF||

    Yes. Asylum is supposed to be about escaping the immediate danger of political persecution, not any other circumstance that might make life even lethally unpleasant. Thus you're supposed to apply in the first country you arrive in, not move about the world shopping for host countries with the best conditions. Perhaps this is not a sufficiently expansive and nuanced humanitarian principle but it is the one that is unambiguously in effect. Though I think there has certainly been a case made on behalf of the border migrants' present practices, I don't quite recall what it was.

  • Exsqueezeyou||

    "Orellana crossed the U.S.-Mexico border,..."

    That Honduran went a couple of borders too far. Next!

    FFS if Orellana won't stay in his own country to fight for his homeland then he sure as fuck cannot be counted on to fight for this one. Couldn't even keep his own mother in line.

    What about la familia? The Latinos have such strong families that other family members surely would have given him shelter, no?

  • Unicorn Abattoir||

    Then maybe ICE should let them.

    Orellana has suffered from severe headaches since the traumatic experience, Lehner says. As in her other cases, she's demanding that ICE follow the law by releasing him to his relatives in Nebraska while his asylum case works its way through the court system.

  • Mark22||

    she's demanding that ICE follow the law by releasing him to his relatives in Nebraska while his asylum case works its way through the court system.

    Why is this taking so long to begin with? He clearly does not have a valid claim for asylum, both because of where he is from and because of his circumstances as described by himself.

  • chemjeff radical individualist||

    Why is this taking so long to begin with?

    Because you have an incompetent and overworked government apparatus trying to make these determinations.

    But let's give these incompetent morons vast amounts of power over everyone to decide who comes and goes. That should work out just swell!

  • Nardz||

    How does he have any legitimate claim to asylum in the US, after passing through Mexico?

  • DRM||

    The US does not actually have a "first safe country" provision in its implementing laws, nor is there case law to that effect.

    So, yeah, under the laws as they exist, he was entitled to ask for asylum when he reached the border crossing, he picked a grounds that hasn't been declared bogus (at least until recently, and I think that's being litigated), and he was plausibly entitled to then be sent to his living-in-the-US relatives.

    But let's be clear, that all shows a sophisticated and cynical effort to work the refugee system to become a US resident, not a desperate flight from danger.

  • DiegoF||

    Unfortunately if we are to believe the Miami New Times's account here, he has already destroyed his chances with the story he provided to authorities. He is merely the victim of gang violence, not its perpetrator; his lack of criminal activity will disqualify him from student visa sponsorship from both the Nebraska and Miami athletic departments.

  • Last of the Shitlords||

    "ellana has suffered from severe headaches since the traumatic experience,"

    I am happy to donate a bottle of Anacin to help with those headaches. he can tee them in Mexico, or whatever other foreign country he travels to.

  • Uncle Adolf's Gas and Grill||

    Nice to know ICE is doing their job. What's the fucking problem?

  • Unicorn Abattoir||

    They're violating federal law to do their jobs, as the article explains.

  • Uncle Adolf's Gas and Grill||

    And the illegal aliens are violating federal law by being here in the first place.

    An eye for an eye and a tooth for a tooth! Fuck 'em!

  • Longtobefree||

    The agents drove Orellana to the Broward Transitional Center, an infamous immigration jail in Pompano Beach, where he was thrown into a cell with men twice his age.

    According the infallible web, the Broward Transitional Center is purposed to hold alleged illegal immigrants classified as "non-criminal and low security detainees."

    So the facility can be argued as the "least restrictive setting" if you have the expectation of the "detainee" ever being seen again before the inevitable murder of a young white girl.

  • Brett Bellmore||

    As the article asserts, without providing a link to the actual legislation. Here's such a link.

    The relevant portion seems to be Section 1261, "APPROPRIATE CUSTODIAL SETTINGS FOR UNACCOMPANIED MINORS WHO REACH THE AGE OF MAJORITY WHILE IN FEDERAL CUSTODY."

    "If a minor described in subparagraph (A)
    reaches 18 years of age and is transferred to the
    custody of the Secretary of Homeland Security, the
    Secretary shall consider placement in the least
    restrictive setting available after taking into account
    the alien's danger to self, danger to the community, and
    risk of flight."

    "Shall consider"; It does not actually mandate doing this, it just mandates thinking about doing it.

  • bevis the lumberjack||

    "Nice to know ICE is doing their job. What's the fucking problem?"

    The fucking problem is that ICE is supposed to enforce immigration law. Ignoring the law and enforcing the law are not the same thing. They're, like......opposites of each other.

    Holy shit. It's like the tribalists don't even bother to read the fucking articles before commenting on them.

  • Unicorn Abattoir||

    Let's be fair, bevis. Most of us don't read Reason for the articles.

  • DiegoF||

    It's the Playboy of Beltway think tank magazines! Except with a steeper decline in readership.

  • Unicorn Abattoir||

    The need to relaunch with a lobster girl issue.

  • Uncle Adolf's Gas and Grill||

    Or start selling punching bags with the editorial staff's faces on them. They'll probably rake in more cash than their last fund raiser. Which one do you think will be the best seller? This new guy Setyon promises to be gold mine.

  • DiegoF||

    What's wrong with the new guy in particular? Or is this just the normal HnR hazing? I guess Britschgi is glad that fresh meat has arrived in town. He's not the baby anymore (even if he kind of looks like a baby who is also an old man). Here; it's a funny tweet from an hour ago I just used to find out how to spell his name.

  • Last of the Shitlords||

    Or auction off tickets to an event where PB, AmSoc, and Tony are fitted with shock collars and attendees all have an opportunity to use a supplied remote control to inflict agonizing electrical shocks on the aforementioned individuals.

    Could be quite a money maker.

  • loveconstitution1789||

    The majority of articles here are Libertarian hating Lefty propaganda pieces. So there's that.

  • chemjeff radical individualist||

    The fucking problem is that ICE is supposed to enforce immigration law. Ignoring the law and enforcing the law are not the same thing. They're, like......opposites of each other.

    Now you know, that when the closed border crowd screamed for months and months that all they wanted to do was "enforce the law", they were completely lying. What they really wanted to do was to kick the dirty foreigners out, even if it meant bending the law a little bit.

  • ein esel||

    Yes, every single one of them, you simple minded fucking moron.

  • Hamster of Doom||

    "My demands on the border are more principled and important than your demands on the border."

    We seem to be at an impasse.

  • Cynical Asshole||

    Oh, yay...

  • DiegoF||

    Oy vey!

  • DiegoF||

    Just to be clear, that was random absurdism, not alt-right meming. You can never be too careful these days. Really, no, some of my best friends are globalist Jews.

  • damikesc||

    Easy fix: Don't come here illegally.

  • buybuydandavis||

    "Oh noes! You can't enforce the law against them! They were *once* children."

    The collective insanity of Anti Trumpers is increasingly disturbing. If they didn't live on the same planet that I do, it wouldn't be a problem. But they're everywhere. That's some dangerous crazy.

  • DiegoF||

    WE WUZ KIDZ

  • bevis the lumberjack||

    "You can't enforce the law against them!"

    Goddamn. Since you obviously didn't read the article, I'll summarize it for you. ICE is violating the law. The entire point of the fucking article is that ICE is not enforcing the law. The law is not being enforced here, it's being violated. ICEay is iolatingvay ethay uckingfay awlay erehay.

  • DRM||

    Now, now. Lawyers are claiming ICE is violating the law. But as we know from the commentary around the Kavanaugh nomination, only right-wing lunatics oppose Chevron deference, where executive agencies are allowed to interpret federal law for themselves.

    If ICE says this guy is, for example, such a risk of not showing up for his hearings that the least-restrictive place to send him is the detention center, then, hey, that's what the law demands unless some radical right-wing deregulationist lunatic who shouldn't be on the bench says otherwise.

  • bevis the lumberjack||

    Looks as if the lawyers who are claiming ICE is violating the law are correct. But as we know from the state of American political debate, any fact that doesn't fit the pre-conceived narrative of one side or the other is conveniently ignored.

  • ein esel||

    "Looks as if the lawyers who are claiming ICE is violating the law are correct"

    That doesn't appear to have been decided yet, so no.

  • bevis the lumberjack||

    My comment above didn't take my quote from the article:

    "Thus far, Americans for Immigrant Justice has filed suits on behalf of seven of the 14 undocumented teens taken into ICE custody as soon as they turned 18. Five off those teens have been released"

    The lawyers who are making the "claim" are batting at least .714, maybe better if the cases of the remaining 2 simply haven't reached a decision yet. So, yeah, looks like they're making a valid claim here.

  • Benitacanova||

    Hell they charge 12 year olds as adults these days. 'Kid' is so relative (no pun intended).

  • Brett Bellmore||

    Since you obviously didn't bother looking up the actual law, let me quote it for you:

    ""If a minor described in subparagraph (A) reaches 18 years of age and is transferred to the custody of the Secretary of Homeland Security, the Secretary shall consider placement in the least restrictive setting available after taking into account the alien's danger to self, danger to the community, and risk of flight.""

    So, no, they're not violating the law.

    As a general principle, when somebody writes an essay like this, and while providing links to all sorts of things, never links to the law in question, or quotes its actual text, you should suspect they're misrepresenting it.

  • Tony||

    You don't live on the same fucking planet as us normal people.

  • Last of the Shitlords||

    Tony, if being a marxist homosexual pederast sociopathic subnormal idiot is normal, then I would rather be different.

    Now go drink your Drano.

  • Tony||

    At most two of those adjectives are accurate.

  • DiegoF||

    Unfortunately while there has been a lot of heated rhetoric about immigration this particular headline is no exaggeration. Here is photo documentation of one such atrocity in progress. WARNING: Not for faint of heart.

  • AlmightyJB||

    HELLO

  • Aloysious||

    Someone needs a spankin'.

  • AlmightyJB||

    They should lock up all 18 year olds. Let them out when their 30.

  • DiegoF||

    You have my support if you attach a rider allowing open conjugal visits from the public.

  • Careless||

    he said "all"

    Where are you going to find a 30 year old to bang as an 18 year old in prison?

  • DiegoF||

    How could an 18 year old prison inmate (especially, in this hypothetical, an 18 year old who is not at all a dirty useless violent or thieving lowlife but simply imprisoned as a matter of course) ever find an over-30 year old on the outside who wants to bang? Surely you jest.

  • DiegoF||

    What kind of fucking name is Nolbiz? Fuck Mom's beatings and gang associations; I say give the kid asylum from his moniker.

  • AlmightyJB||

    He should change it to Showbiz. Then he could say "There's no Nolbiz like Showbiz"

  • Peacedog||

    Deportacion. Si, se puede.

  • DiegoF||

    Abuela Hillary would not have permitted such atrocidades!

  • Careless||

    If they're undocumented minors, how do they know they've turned 18?

  • DiegoF||

    Look at the wear on their teeth! It's what I do to remember my kids' ages.

  • Eddy||

    This is where "Your Honor, they look 18" comes in.

  • Eddy||

    (reply to Careless)

  • LeaveTrumpAloneLiberal-tarian||

    {Throws up hands} Jesus Christ proggies! Mexicans are obviously violating the wrong laws— that is, looking for work across an arbitrarily defined int'l border drawn to satiate the geopolitical desires of people who wanted America to extend from the halls of Buenos Aires to the shores of the Arctic Ocean. Get it straight.

    Now if said Mexicans were trying to Cheat on their taxes, acquire a cache of bazookas or—fuck— violate campaign finance laws you'd have a point, but crossing the Rio Grande in search of a better life? That's not allowed! THE LAW IS THE LAW, ASSHOLES!

  • DiegoF||

  • Longtobefree||

    Just to nitpick, because the coffee is still brewing; using rivers as international borders has always been acceptable, not arbitrary at all. And it was drawn so that the USA would only get part of the country that lost the war, not the whole thing.

  • Jerry B.||

    "He says he fled Honduras in January at the age of 17 after one of his abusive mother's gang associates threatened him with a gun."

    So if someone threatened me with a gun, I could emigrate to the country of my choice with no hassle?

    Anyone out there have a gun and is willing to make a threat?

  • DiegoF||

    That is actually an interesting point that hadn't occurred to me. Why didn't he flee to elsewhere in Honduras? There may be good reason but it isn't explained here. If my mom (actually a wonderful woman who did not date at all) was dating some lowlife thug who was making my home life miserable while he was there, I wouldn't generally have to leave the country; I'd just leave his immediate presence. I'd have to be far more mixed up in business than just being some thug's girlfriend's kid for, say, the entire gang to be mobilized against me across its nationwide territory--for life in my country, no matter where I move, to be any more hazardous for me than for anyone else out there. The "threatened by a gang associate" thing seems to be of far less significance than it may be trying to suggest.

    God bless this brave kid; domestic abuse is real hell; but I don't imagine that being a 17 year old runaway is normally grounds for international asylum.

  • Careless||

    In 2013, an amendment to that law extended its protections to undocumented children taken into custody by ICE after they turn 18

    wut

  • Careless||

    Seriously, what is an undocumented adult child?

  • DiegoF||

    It is a genuine syntactic ambiguity but the reading is the more "strained" one. Bad writing.

    an amendment to that law extended its protections to [undocumented children taken into custody by ICE] after they turn 18

    not

    an amendment to that law extended its protections to [undocumented children [taken into custody by ICE after they turn 18]]

    In other words, the individuals both arrived, and were taken into custody, before they turned 18. Whereas before the Flores ruling only mandated that children in ICE custody be kept in the "least restrictive setting" conditions, the amendment changed it so that anyone taken into custody as a child would continue to enjoy the "least restrictive setting" conditions for as long as they are in custody, including after they turn 18. (Note that you might describe this, in standard English, as "Children taken into ICE custody must be kept in the least restrictive setting, even after they turn 18," without such a thing implying that someone over 18 may be a child.)

    A potential justification for such an amendment's reasoning might be that at no time had they ever committed the act of crossing the border, nor that of remaining in the country illegally, as adults with the full choice and responsibility over such actions. But in any case I've discussed what was meant by the language used in the piece.

  • Brett Bellmore||

    Actually, I looked up the text of the law. It says that they "shall consider" the least restrictive setting, There's no "must" about it. In fact, it actually mandates consideration of factors such as flight risk in making the decision.

  • Eddy||

    Incidentally, I found an article in a newspaper in Léon, Mexico, about the poor guy who was arrested when taking his pregnant wife to the hospital.

    I'm afraid I used Google Translate. Have fun!

    "The case in which Joel Arrona Lara would be claimed is a consummated homicide on March 21, 2006, in Léon, when Miguel Ángel Morales Rodriguez, victim of a beating, died of head trauma while receiving medical attention....

    "At the beginning of December 2014, the Attorney General's Office completed an arrest warrant against Julio César Arrona Lara, alias Chikis, for the crime of homicide and was brought before a criminal judge.

    "The criminal proceeding opened in 2006 against several involved, is aired with file number 53/2006.

    "If Joel Arrona Lara of the United States were extradited, after being detained by the immigration authorities, and being formally declared a prisoner for that crime, he would be prosecuted for the crime of homicide, an illegal act that the law then punished with 10 20 years in prison."

  • chemjeff radical individualist||

    Gee what a surprise. Turns out the people screaming "we just want to enforce the immigration laws!" are willing to look the other way when it's ICE that is violating the immigration laws.

    The hysteria about illegal immigration was never truly about concern for the rule of law. It was, and remains, a panic about cultural change. And if ICE has to break a few eggs in order to stop the cultural change from 'destroying' America, then it's all worth it. Amirite?

  • ein esel||

    There you go, stupidly lazily collectivizing your opponents again because you don't have thd intellectual heft to do otherwise.

    It shows that you know your case is weak so you pound on the table.

  • Longtobefree||

    The agents drove Orellana to the Broward Transitional Center, an infamous immigration jail in Pompano Beach, where he was thrown into a cell with men twice his age.

    According the infallible web, the Broward Transitional Center is purposed to hold alleged illegal immigrants classified as "non-criminal and low security detainees."

    So the facility can be argued as the "least restrictive setting" if you have the expectation of the "detainee" ever being seen again before the inevitable murder of a young white girl.

  • Brett Bellmore||

    What a surprise: Turns out the people screaming "ICE is violating the immigration laws!" haven't bothered reading them. I suggest you go do so.

  • chemjeff radical individualist||

    And, all we ever hear from the closed border crowd is whining and moaning and bitching about the "damn illegals". Their proposed solutions consist of little more than bumper-sticker slogans of "build the wall" and "enforce the laws". Very few have actually proposed something even a little bit tangible. Fine, you want the wall built. Let's just assume for the moment that there are no eminent domain issues nor environmental lawsuits. The wall would have to be staffed and patrolled. How much is this supposed to cost? What would you do for immigrants caught at the wall but who then claim asylum? Clearly there are some who are not serious and just trying to manipulate the system, but there are also some who are not. How are their claims to be adjudicated? If the answer is "deny them all right away and send them back home", then this is in essence a violation of a few international treaties on the subject. Do you want to rip those up? What exactly should refugee/asylum law be in this country? Furthermore, it is already illegal to hire undocumented immigrants. How many more resources are you willing to devote to the government for inspecting employers to make sure they are following the law? Would you be in favor of a national ID card? And with all of these new cops running around hunting for illegals, what is to stop them from just outright profiling brown people, a la Joe Arpaio? Maybe for a change the closed border crowd can propose something tangible.

  • ein esel||

    "And, all we ever hear from the closed border crowd is whining and moaning and bitching about the "damn illegals". "

    And all we hear from you is you bitching about "them", your invented opponent.

    God damn are you fucking lazy.

  • chemjeff radical individualist||

    Yup there we go, more bitching and complaining.

    I did not think you had any answers to the above questions.

  • loveconstitution1789||

    Why do illegals want to come to such a racist nation again?

  • Benitacanova||

    Umm, good?

  • LinoleumBlownApart||

    As the left has told us, America sucks and was never great (especially to minorities), so Honduras by default becomes the "least restrictive setting".

  • BruceMajors||

    Bur if they arrested them or deported them when they were 17 you'd say they were being separated from their mothers.

  • Jul||

    Why sound so ominous? Isn't it normal to remove 18 year old ADULTS out of CHILDREN facilities? 17 years old American citizens are not housed in juvenile facilities, they go directly to jail. Why are 17 year old illegal aliens housed with children instead of incarerated in an adult facitily?

  • ||

    ICE has one job......eliminate Sanctuary for those undocumented criminals that have broken U.S. Laws by entering the U.S. lands without U.S. Approvals.

    DACA enrolled children have no fear unless they commit another crime. Those not enrolled in DACA are not WELCOME in USA

  • Hank Phillips||

    Good show. This article is like the Reason magazine I grew up with!

  • vek||

    Uhhh, so what? Pretty sure 18 year olds are with adults in all other detention situations.

    I'm sick and tired of hearing this whining about shit. If this kid really felt the need to get away from his mommy, there is a MASSIVE country that already speaks Spanish between there and here... And is the one he's LEGALLY obliged to apply for asylum with. The whole world is filled with hard luck cases, we can't let them all in. The fact that he wanted to come here because he knew he'd make more money than in Mexico does not sway my emotions. Ship him back!

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