
Originally Posted by
Montmorency
God-cosplayer giveth, God-cosplayer taketh away.
You have to look at this bureaucratically.
First of all, the court standard is an ideal. After 20 days, it's not like the court sends officers to extract the kids and deliver them to Never Never Land. And the government isn't automatically punished AFAIK for any given violation. What it does, is theoretically create an opening for the conduct to be challenged in court by a victim with standing - which could itself take many weeks or months to resolve. This is how our system works more generally too, the relationship between the judicial process and subsequent action.
Then, consider that if, deliberately or otherwise, the government does not know who next-of-kin are, or is aggressive about putting and keeping those on trial - you can't just release children to roam around the country backroads alone. And it doesn't even appear that Mexico and other countries are cooperative or being cooperated with such that kids could be quickly released to their national custody. So they have to be placed with selected families somewhere in the US.
Add it up, and my prediction under Flores is:
1. For 20 days, full resort package for adult and child at government-sponsored Family Fun Kamp.
(It used to be, then, that after 20 days the families would be released with tracking. Not confirming it with sources, but IIRC fathers were heavily biased against here; mother-child was treated as a standard unit.)
2. Cases can't be resolved because there are thousands of them, so vacation is extended for extra fun times.
(So far, this will definitely happen because it already has and must given the operation of the government.)
3. Going out on a limb, I wonder if the admin, given it's publicly-stated desire to create a deterrent effect - by using children to punish adults, etc. - might not devise an argument to ""temporarily"" transfer long-detained children to all-child Survival Camps
4. They might also do this if they intensify their bizarre practice (so far only known in a few cases) of deporting the adult, but, uh, 'hanging on' to the child and keeping them in the US for distribution in the foster care system.
4.a. Many thousands of kids added to the foster system would probably overwhelm it, creating a massive backlog that again causes a situation where children will be held indefinitely. This also has the side effect of screwing a subclass of citizen children, who will have a much longer wait to be placed in a foster family after having been removed from their biological/original families for reasons of abuse, neglect, death or disability of caretaker... but those kids are almost always from poor and/or minority families, so call it a bonus.
5. Why stop at people detained at the border? Why not move on to raiding established unauthorized communities - over 10 million people in the US - and placing them in camps essentially forever until they can be 'processed'?
But everything after (2) is just my speculation on how they could make the process as nightmarish as possible. The bureaucratic default is just to keep all the captured immigrants in consolidated camps and leave 'em to rot in a slow-walked and underequipped apparatus.
EDIT: Of course if Flores is watered down or superseded, the only protections remaining may be the basic constitutional ones esp. according to 5th and 6th Amendments and habeas corpus - which the government will definitely violate with impunity.
There is no dilemma in arbitrarily separating adults and children. This is totalitarian logic, a pure pretext, and it is exactly the backup used by Hitler and Stalin and every kind of mass murderer, that the target population is somehow contaminated and any hypothetical number of "bad elements" justifies its eradication.
Stop to think about what you are saying. If one believes there is a chance of trafficking, one should assign social workers and trained personnel to evaluate each case, erring on the side of non-separation. Your suggestion is even less wise than shutting down an airport and shipping the thousands of people therein to black sites on the possibility that one of them could be, or eventually could be, a terrorist bomber.
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