The White House administration is asking that a federal judge reconsider the ruling she made that called for releasing tens of thousands of immigrant children and their mothers who attempted to cross the border between Mexico and the U.S. illegally.
The response of 60 pages was filed late on Thursday in which lawyers for the DOJ argued that the family detention facilities that the Department of Homeland Security runs are necessary to help deter the illegal migration to the U.S.
The court order that was issued by Judge Dolly Gee in a California U.S. District Court could mean immigrant families cannot be held beyond five days in detention facilities, said DOJ attorneys.
That the attorneys said would functionally terminate any ability of the federal immigration officials to place those immigrants into proceedings for deportation because it could not be accomplished in a period of just five days.
The response also warned the decision by the court could cause another wave of parents that choose to cross the border with children.
Last month, Judge Gee found that detaining the immigrant mothers with their families violated a 1997 settlement that involved children who were illegally in the U.S., which requires they be held in conditions that are the least restrictive possible.
The judge’s ruling revived the calls from Democrats and advocates of immigration to shutter the facilities designed to hold the children with their mothers.
Democratic presidential nomination frontrunner Hillary Clinton has criticized this practice as has the Governor of Maryland Martin O’Malley another president candidate and Democrat.
He tweeted on Friday saying the U.S. is a compassionate and welcoming country yet we jail vulnerable children and their mothers.
The policies of the Obama administration of detaining the families caught crossing the border has come under heavy opposition on Capitol Hill from Democrats.
Nearly all of the House Democrat Caucus members signed a letter circulated last week by Zoe Lofgren a Democrat from California, and former immigration lawyer who is the ranking member of the subcommittee in the House overseeing the policy.
The Democrats wrote that in light of the recent ruling by the federal court, we urge the White House to take the necessary and correct steps to bring the practices of the Department of Homeland Security in line with the agreement from 1997 and the recent ruling by the court.