New Bill Mandates Detention for Families at the Border, Retroactively and Without State Oversight

This bill, officially called the "Ensuring United Families at the Border Act," mandates the detention of families who enter the U.S. unlawfully, including children. It wipes out any previous assumption that detaining kids isn't a good idea, and it does this retroactively. It also prevents states from requiring licenses for the facilities where these families will be held.

No More Benefit of the Doubt: Detention is the Default

This law changes the game for families caught crossing the border illegally. Previously, there was some consideration given to not detaining children. Section 2(a) of this bill throws that out the window. Now, if a parent is charged with the misdemeanor of entering the U.S. unlawfully (8 U.S.C. 1325(a)), they and their children must be detained. The bill explicitly states there is "no assumption that the alien child should not be detained." This applies to children who enter the U.S. with their parents, not just unaccompanied minors.

• Real-World Impact: Imagine a family fleeing violence in their home country. They cross the border seeking asylum but are immediately detained, with no guarantee of how long they'll be held. This bill makes that the standard procedure.

Retroactive Rules: Past Cases in the Crosshairs

Section 2(c) makes this new detention mandate retroactive. This means it doesn't just apply to families who cross the border after the bill becomes law – it applies to anyone who has ever crossed unlawfully with their children, even if their case is already being processed. This could impact families who are currently in the system, potentially leading to their detention even if they were previously released under different guidelines.

• Real-World Impact: Consider families who have been in the US for years. If the adults were charged with a misdemeanor offense under section 275(a) of the Immigration and Nationality Act (8 U.S.C. 1325(a)) at the time that they entered the country, this bill could affect them, even years later.

States Lose Oversight: Detention Centers Unchecked

Section 2(d) is a big one. It explicitly prohibits states from requiring licenses for facilities that detain families and children. This means states can't set their own standards for safety, hygiene, or child welfare in these detention centers.

• Real-World Impact: Think of it like this: states require restaurants to have health inspections and childcare centers to be licensed. This bill says, "Nope, not for immigration detention facilities holding families." This removes a crucial layer of oversight and accountability, potentially putting vulnerable families and children at greater risk.

The Big Picture: Indefinite Detention and Blocked Oversight

This bill isn't just tweaking existing rules; it's fundamentally changing how families are treated at the border. By mandating detention, applying the rules retroactively, and blocking state oversight, it creates a system where families, including young children, can be held indefinitely in facilities that aren't subject to the same standards as other places that house vulnerable populations. The bill says it aligns with the Flores settlement (Section 2(b)), but it significantly alters the landscape by making detention the default, not the exception, for families.