Professor Herz will speak on a panel on The Rise of Fake Comments in Rulemaking.
How Trump’s DOJ Is Justifying Reversing Itself on the Legality of Indefinite Family Detention
By RYAN GOODMAN , MARTY LEDERMAN , and DEBORAH N. PEARLSTEIN
July 6, 2018 Slate - The Trump administration recently claimed it could not reunite migrant children with parents who are being held in ICE detention due to a court order requiring the government to release such children from custody within (at most) 20 days. The government now claims, however, that it can legally detain the children with their parents in ICE detention for much longer than 20 days. How did the government come to this position? In this post we’ll answer that question and address a central flaw in the government’s logic.