Faith Leaders Call On Congress: Oppose Family Incarceration and Protect Flores Agreement

Dear Members of Congress,

We, the undersigned 441 faith leaders and 74 faith-based organizations, write to call for you and your colleagues to oppose the administration’s practice of family incarceration and any legislative effort to alter or weaken the protections of the Flores settlement agreement that would expand family detention and indefinitely lengthen the time immigrant children are held in custody, vulnerable to abuse and trauma.

As people of faith, our concern stems from shared values rooted in our sacred texts that remind us to love our neighbor and welcome the sojourner among us. As Leviticus 19:34 (CE) reminds us: “Any immigrant who lives with you must be treated as if they were one of your citizens. You must love them as yourself, because you were immigrants in the land of Egypt; I am the LORD your God.”

In many faith traditions, family is the fundamental unit in society through which individuals are able to grow and experience the love of God. Our varied faith traditions also call on us to safeguard the well-being of children and ensure that children are cared for, provided the space to be free and learn and grow – to be loved.  More than that, their vulnerability causes us to seek to be our best, knowing they are fully reliant on us. Our collective faith traditions hold deeply to the idea that children are to be treasured and protected and our sacred scriptures exhort us to safeguard the vulnerable, and who amongst us is more vulnerable than children?

It is unconscionable and unfathomable then that we see the administration taking drastic efforts to significantly expand family incarceration by eviscerating the basic Flores protections for immigrant children in federal custody. Flores requires the government to prioritize child welfare when it assumes custody to protect children from inappropriate and unsafe conditions. Children must be released from custody without delay, preferencing release to a parent, or, under certain circumstances, be held in the least restrictive and an appropriate setting, generally in a non-secure facility licensed by a child welfare entity. The notice of proposed rulemaking[1] to change the foundations of the Flores settlement is deeply concerning, and as people of faith we are compelled to speak out in opposition. Any legislative vehicle that seeks to do the same should be immediately condemned.

Flores protections are the minimum standard of care for immigrant children; it is the very baseline of our duty to children. Implementation of the proposed rule will only cause further harm to children and families. Instead of working tirelessly on federal regulations to protect families and children and care for the most vulnerable, the administration is contorting federal policy and practice and using the regulatory and rulemaking process to bolster their agenda. The physical and mental effects of detention on children are long lasting and have been decried and documented by a number of professional health organizations.  According to the American Academy of Pediatrics:

“Studies of detained immigrants, primarily from abroad, have found negative physical and emotional symptoms among detained children, and posttraumatic symptoms do not always disappear at the time of release…Qualitative reports about detained unaccompanied immigrant children in the United States found high rates of posttraumatic stress disorder, anxiety, depression, suicidal ideation, and other behavioral problems. Additionally, expert consensus has concluded that even brief detention can cause psychological trauma and induce long-term mental health risks for children.”[2]

A host of professional medical organizations have a compendium of evidence and statements opposing the detention of families and children, including the American College of Emergency Physicians[3], American College of Physicians[4], American Medical Association[5], American Psychological Association[6], and the American Psychiatric Association[7].

News reports have illustrated the traumatic – and potentially deadly – effect of detention on children – including that of a toddler who died after contracting a respiratory infection at the Dilley Detention Center.[8] This summer, two doctors serving as medical and psychiatric subject-matter experts for the Department of Homeland Security’s Office of Civil Rights and Civil Liberties stated:

“The fundamental flaw of family detention is not just the risk posed by the conditions of confinement—it’s the incarceration of innocent children itself. In our professional opinion, there is no amount of programming that can ameliorate the harms created by the very act of confining children to detention centers. Detention of innocent children should never occur in a civilized society, especially if there are less restrictive options, because the risk of harm to children simply cannot be justified.”[9]

The Flores settlement agreement exists for a reason – the United States has never been capable of protecting children while in detention. We will continue to hear similar reports as long as families and children are imprisoned.

The American people are being presented with a false choice – detaining and imprisoning families or separating children from their parents are not the only two options – even within the limiting and constrained immigration system we have. Existing community-based alternatives to detention exist, such as the Family Case Management Program (FCMP), which cost less, have high rates of compliance and effectiveness, and help families navigate the immigration and asylum process.[10] Congress must act – to pressure the administration to end the “zero tolerance” policy that separates children and to immediately reunify families, as well as to invest in the proven community-based alternatives to detention.

We urge you to listen to our upraised voices – end the needless and harmful practices of family detention and do not rubber stamp the administration’s efforts to breach the Flores settlement agreement. Turn your efforts instead to working on policies that uphold the asylum process, protect the migrant family and welcome the stranger. We remain rooted in the faithful idea of loving and welcoming our neighbor, and we remain resolute in our call to welcome families and uphold each person’s intrinsic dignity and humanity.

Sincerely,

 

Faith Organizations

Academy for Spiritual Formation

Alliance of Baptists

American Baptist Seminary of the West

Ascentria Care Alliance

Bethany Christian Services

Bread for the World

Casa San Jose

Christian Church (Disciples of Christ) in NC

Christian Community Development Association

Church World Service

Clergy and Laity United for Economic Justice

Collaborative Center for Justice

Columban Center for Advocacy and Outreach

Crossing Borders – Dubuque

Detention ministry, Guadalupe Iglesia Presbiteriana

Disciples Home Missions

Disciples Refugees and Immigration Ministries

Dominican Sisters of Springfield Justice Committee

Eastern PA United Methodist Church

Englewood Christian Church

Farm Worker Ministry Northwest

First Congregational Church UCC Des Plaines

Franciscan Sisters of Allegany

Friends Committee on National Legislation

General Board of Church and Society of the United Methodist Church

Holy Spirit Missionary Sisters, USA-JPIC

Hope Border Institute

Hospice Chaplains

Intercommunity Peace and Justice Center

Interfaith Movement for Immigrant Justice

Interfaith Worker Justice

Interfaith Worker Justice of San Diego County

IUC Ministerios Ríos de Agua Viva

Justice, Peace and Reconciliation Commission, Priests of the Sacred Heart

Leadership Conference of Women Religious

Los Altos United Methodist Church Justice Team

Lutheran Immigration and Refugee Service

Maine Council of Churches

Maryknoll Office for Global Concerns

Mennonite Central Committee U.S. Washington Office

Meriden Congregational Church, UCC

National Council of Jewish Women

National Religious Campaign Against Torture

NHCUCC Immigrant and Refugee Support Group

North American Climate, Conservation and Environment(NACCE)

North Georgia Immigrant Justice

NYS Interfaith Network for Immigration Reform

Office of Peace, Justice, and Ecological Integrity, Sisters of Charity of Saint Elizabeth

Our Lady of Victory Missionary Sisters

Pennsylvania Council of Churches

Presentation Lantern Center

Ravensworth Baptist Church

Saguaro Christian Church

School Sisters of Notre Dame – Central Pacific Province

Sisters of Mercy

Sisters of Mercy Midatlantic Community

Sisters of Mercy of the Americas – Institute Leadership Team

Sisters of Mercy of the Americas – Northeast Community

Sisters of Mercy South Central Community

Sisters of Mercy West Midwest Community

Sisters of St. Francis, Sylvania OH

Sisters of St. Joseph of Rochester

Sisters of St. Francis, Clinton, Iowa

Sisters of the Holy Family

Sisters of the Humility of Mary

Sisters of the Presentations

Southwest Conference of the United Church of Christ

The Episcopal Church

The Episcopal Church of the Incarnation

Union for Reform Judaism

Unitarian Universalist Association

Unitarian Universalists for Social Justice (UUSJ)

United Church of Christ – Justice and Witness Ministries

UURISE – Unitarian Universalist Refugee & Immigrant Services & Education

 

To see a printable PDF with the full list of signatories, see here: Protect Flores Settlement to Members of Congress

 

[1] https://www.federalregister.gov/documents/2018/09/07/2018-19052/apprehension-processing-care-and-custody-of-alien-minors-and-unaccompanied-alien-children

[2] http://pediatrics.aappublications.org/content/early/2017/03/09/peds.2017-0483#ref-52

[3] https://www.acep.org/federal-advocacy/federal-advocacy-overview/children-immigration-statement/#sm.001c9lbkx14xvdc8umq107srzqx8d

[4] https://www.acponline.org/acp-newsroom/acp-objects-to-separation-of-children-from-their-parents-at-border

[5] https://twitter.com/AmerMedicalAssn/status/1009375307919515649

[6] http://www.apa.org/news/press/releases/2018/05/separating-immigrant-families.aspx

[7] https://www.psychiatry.org/newsroom/news-releases/apa-statement-opposing-separation-of-children-from-parents-at-the-border

[8] https://news.vice.com/en_us/article/paw9ky/toddler-died-after-getting-sick-in-ice-custody

[9] https://www.wyden.senate.gov/imo/media/doc/Doctors%20Congressional%20Disclosure%20SWC.pdf

[10] https://www.aila.org/infonet/the-real-alternatives-to-detention