Judge Rules Previous Order to Release Kids From ICE Custody by Monday Now ‘Unenforceable' 1

A federal judge in California ruled over the weekend that her previous order to release migrant children from ICE custody by Monday is now “unenforceable.”

Judge Dolly Gee of the Central District of California said on Saturday that the conditions she laid out in June as prerequisites for releasing the children from detention over COVID-19 concerns had not been met. Namely, the children’s parents had not agreed to release them, ICE had not agreed to release parents with their children and another court with jurisdiction over the parents had not ordered their release.

Gee’s previous order to release the children from ICE custody had raised the possibility that children would be separated from their parents, since the lawsuit Gee oversees does not give her the authority to rule on the parents’ release.

After the federal judge in D.C. declined to release the parents and ICE had not agreed to release parents and children together, Gee said her order is now “unenforceable by its own terms.”

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