Appeals court won't let Trump administration resume holding migrant children in hotels

Judges rule administration failed to show how policy helped slow the spread of COVID-19.

Published: October 4, 2020 10:42pm

Updated: October 4, 2020 10:54pm

A federal appeals court refused Sunday to permit the Trump administration to resume holding unaccompanied immigrant children in hotel rooms before expelling them, rejecting the government's argument the policy was necessary to mitigate coronavirus risks.

A three-judge panel of the 9th U.S. Circuit Court of Appeals denied the administration's request for a stay of a lower court ruling that ordered the end of hotel detentions for the migrant children.

The appellate judge said the government failed to offer "testimony from any public health official explaining why holding minors in hotels, which are open to the public, presents less risk of COVID-19 exposure and spread, both to the minors and to the public, than holding them in licensed facilities."

U.S. District Judge Dolly Gee ruled last month that the hotel detentions violated “fundamental humanitarian protections” without providing any proven help to stop the spread of COVID-19. The appeals court said there was no need to stay that ruling.

"The government has not established that irreparable harm will result if the district court’s orders take effect while this appeal is pending," the appellate judges wrote. You can read that ruling here:

 

Border agents since March have placed at least 577 unaccompanied children in hotel rooms before expelling them from the country due to public health concerns, The Associated Press reported.

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