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President-elect Donald Trump’s “border czar” Tom Homan mentioned the possibility of using family detention centers for migrants as a way to end catch-and-release policies. This practice, which was stopped by the Biden administration, could potentially return next year. Homan, who previously directed Immigration and Customs Enforcement under Trump, is considering deploying immigration judges to detention centers if family detention is reinstated. He does not foresee a large-scale separation of migrant children from their parents in future deportation efforts.

The Flores Settlement Agreement limits the time migrant children can be held in detention to 20 days, but Homan expressed a desire to challenge this legal framework. He suggested that any family detention centers established would not be jail-like but rather “open-air campuses” designed for families. Homan also criticized local governments that have impeded federal immigration enforcement efforts.

The ACLU has expressed readiness to challenge any unconstitutional aspects of the deportation plan, particularly if it involves targeting families and separating children from their parents. Trump campaigned on promises to deport unauthorized immigrants, particularly those with criminal records. However, the specifics of his plan are not yet clear. Homan’s comments suggest that the new administration may target families indirectly, forcing parents to decide whether to leave their children in the U.S. or take them when facing deportation.

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