Donald Trump’s appointed “border czar” recently indicated that the reintroduction of family detention centers for migrants might be considered, suggesting that a practice ended by President Biden could return by next year. Tom Homan, who once served as the acting director of Immigration and Customs Enforcement under Trump, noted in an interview, “It’s on the table.”
He elaborated, “We need to eliminate catch-and-release, even when it involves family units,” using a term that describes the release of migrants from detention as they await their immigration court dates. Soon after President Joe Biden took office, ICE ceased detaining families entering with children. However, there were discussions last year about potentially reinstating this approach.
Trump named Homan as his border czar shortly after securing a second presidential term on November 10. Discussions about the plans are still underway. If family detention is reinstated, “we intend to deploy additional immigration judges to these locations,” Homan stated.
During Trump’s previous administration, Homan supported the controversial “zero tolerance” policy, which resulted in children being separated from their families. However, he assured that such large-scale separations aren’t anticipated this time around, stating, “I don’t envision that at all.”
The Flores Settlement Agreement, a federal court ruling, restricts how long migrant children can be detained to 20 days, posing challenges for any family detention efforts. Homan expressed his support for challenging this legal precedent, which complicates the use of family detention centers, saying, “We need to litigate some of these decisions. I believe the Flores Settlement Agreement was misguided.”
Acknowledging the current legal landscape, he said, “For now, we adhere to existing rules until the courts provide an alternative decision.”
The number of detention facilities will depend heavily on current data, according to Homan. At the onset of the Biden administration, ICE managed three such facilities. “We need to analyze the data, which we’re now accessing, to determine our needs,” Homan remarked, emphasizing a data-driven approach.
He clarified that these facilities wouldn’t resemble jails but rather “open-air campuses” designed for families. The Trump administration appears uninterested in whether unauthorized immigrants have U.S. citizen children when considering deportation, as he mentioned, “Parents facing case losses must decide: take your child with you or leave them with relatives in the U.S.”
Homan also took issue with certain local governments, like those in San Diego County and Los Angeles, for implementing measures believed to shield undocumented immigrants and limit federal authorities’ access to local resources.
“We’re proceeding with or without their support,” he stated regarding the deportation plan. “Their non-cooperation is disappointing, but it won’t deter us.”
Lee Gelernt, an ACLU lawyer who led efforts to reunite migrant families during Trump’s first term, emphasized that the ACLU is poised to legally challenge any constitutional oversteps in the deportation strategy. “We’ve contested family detention before and will again if necessary,” Gelernt explained to NBC News. “I sincerely hope Americans don’t want children confined for prolonged periods.”
Gelernt pointed out a court order prevents direct child separations from parents, but Homan’s remarks insinuate a shift towards pressuring families to make difficult decisions on their behalf, implying forced separations by indirect means.
“We expected lessons learned from the past,” Gelernt added. “Even if the public favors changing immigration laws, targeting families isn’t a path they support.”
Trump’s campaign focused on deporting unauthorized immigrants, though specific plans remain vague. He’s indicated that initial targets will be those with criminal records. On the campaign trail, he described the migrant situation as an “invasion,” though some Republicans have sought to moderate his mass deportation rhetoric post-election.
