Government Reaches Deal On Immigrant Children Detained With Parents In Texas

Monday, August 27th 2007, 3:16 pm

By: News On 6

DALLAS (AP) _ Attorneys representing illegal immigrant children detained with their families at a former Texas prison have reached a proposed settlement with the federal government that avoids a trial on their lawsuit, officials said Monday.

The deal, announced as the trial was set to open in the case, focuses on avoiding long-term detentions and adds improvements such as a full-time pediatrician and privacy curtains around toilets.

The lawsuit sought release of the immigrants and improved conditions at the T. Don Hutto family residential facility in Taylor. The proposed settlement is expected to be approved by a federal judge.

Hutto houses some 400 illegal immigrants and asylum seekers _ half of them children. None have criminal records or violent histories, but the American Civil Liberties Union and the University of Texas School of Law Immigration Clinic sued this year on behalf of 26 young detainees and former detainees, alleging they have been held in prison-like conditions. The family of one plaintiff had been at the facility for close to a year.

Under the deal, families who have some recourse to contest deportation _ such as an asylum claim _ could be placed at Hutto only if there is no other space available. Families in expedited removal proceedings _ where no hearing is necessary for deportation _ could be placed at Hutto, but all families' cases would be reviewed every 30 days to determine if they could be transferred or released.

Other changes include a policy allowing children over 12 to move freely within Hutto and periodic reviews of the facility by a federal magistrate.

Lisa Graybill, legal director for the ACLU of Texas, said she is 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 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.

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 cells with bunk beds and a toilet. After lights out, a system alerts staff in the control room if anyone leaves a cell.

The lawsuit contended that conditions at Hutto violate an agreement that called for immigration authorities to house children in nonsecure, 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.