Government Reaches Deal On Detention Of Immigrant Children

DALLAS, TX.(AP) – Attorneys representing immigrant children detained at a former Central Texas prison with their families have settled their lawsuit against the federal government with a deal calling for improved living conditions at the facility, officials said Monday.

The deal was announced the day a trial was set to begin in the case over treatment of immigrants at the T. Don Hutto family residential facility in Taylor. It was submitted late Sunday and is expected to be approved by U.S. District Judge Sam Sparks in Austin. Attorneys from the American Civil Liberties Union and the University of Texas School of Law Immigration Clinic sued this year on behalf of 26 children at Hutto or who had been released but could be detained again.

The were seeking release of the children and improved conditions at the facility, which houses families seeking asylum or awaiting deportation or other outcomes to their immigration cases. Lisa Graybill, legal director for the ACLU of Texas, was happy with the deal. “But the fact remains that our government should not be locking up innocent children – period,” Graybill said.

“That is not what America is about. It is time for Congress to intervene and end the policy of family detention.” U.S. Immigration and Customs Enforcement, which operates the facility, said in a statement that the reviews will help improve communication about the facility and end any misconceptions and allegations falsely made about the Hutto facility. “The Hutto facility is a safe and healthy environment for children and adults. All its residents are treated with dignity and respect,” ICE said.

The plaintiffs contended conditions at Hutto don’t comply with a federal settlement agreement that calls for immigration authorities to house children in less restrictive, licensed programs such as shelters or foster homes. Advocates say children at Hutto received inadequate classroom instruction and had limited access to health care. Uniformed, handcuff-toting correctional officers called “counselors” threatened children with separating them from their families, advocates say.

The proposed settlement includes periodic review and onsite visits of Hutto by U.S. Magistrate Andrew W. Austin to ensure reforms are implemented. The magistrate will be able to speak privately with Hutto detainees and staff, according to the agreement. Under the deal, ICE would place at Hutto only families in expedited removal proceedings – a policy allowing the agency to remove an illegal immigrant without a hearing if the person has no asylum claim or other recourse to prevent deportation.

Families who aren’t subject to expedited removal would be placed at Hutto only if no space is available elsewhere. ICE officials also would review every 30 days each family’s case to see if they can be released on parole, bond or other condition or transferred to another facility. Hutto houses some 400 illegal immigrants and asylum seekers – half of them children. None of those at the facility have criminal records or violent histories, but current and former Hutto detainees allege they live under prison-like conditions.

Families living within Hutto’s walls eat, shower and turn in on schedule and undergo a head count four times a day. They live in tiny cells with bunkbeds and a toilet. After lights out, a system alerts staff in the control room if anyone leaves their cell. As part of the settlement, ICE would have to install privacy curtains around toilets, have a full-time pediatrician at the facility and allow children over 12 to move freely within Hutto. ICE officials say they’ve already implemented some of the changes included in the final agreement, such as monitoring removal proceedings to ensure each detainee spends the minimum time in custody.

By ANABELLE GARAY Associated Press Writer

(Copyright 2007 by The Associated Press. All Rights Reserved.)