Border Patrol Custody Is Already Dangerous and This Florida Lawsuit Is Making It Worse

BY DARA LIND, IMMIGRATION IMPACT

One of the biggest concerns after the end of the Title 42 policy of mass expulsion at the U.S.Mexico border was that large numbers of people would cross in the hours and days afterward. When the switch happened last Friday at midnight, people feared that bottlenecks throughout the processing system would lead to dangerous overcrowding in border facilities.

The good news is that the worst-case scenario didn’t materialize. In the days after the Title 42 order expired, about a third as many people crossed from Mexico into the U.S. between ports of entry as officials expected. But border overcrowding is still a concern. A lawsuit in Florida is a major reason why.

Hours before the Title 42 order’s expiration, Judge T. Kent Wetherell, II, of the Northern District of Florida issued a temporary order preventing U.S. Customs and Border Protection (CBP) from implementing a memo it had issued to prepare for the expected influx. The memo would have authorized agents to release some asylum seekers on parole under certain conditions to prevent overcrowding.

The judge held that the memo was too similar to one he’d previously enjoined, barring CBP from releasing anyone on parole under an Alternatives to Detention (ATD) program. This week, Judge Wetherell converted the temporary order to a preliminary injunction, which will remain in place until final judgment or until it’s overturned (or stayed) by a higher court. The U.S. government has appealed the preliminary injunction to the Eleventh Circuit Court of Appeals.

Judge Wetherell’s injunction cited the relatively low levels of border crossings in the past week as an argument for forced mass detention. “As of May 14, only 22,259 [migrants] were in custody,” he noted, compared to approximately 28,000 on May 10.

What he didn’t mention is that Border Patrol facilities are still overcrowded. In the days leading up to the Title 42 switchover, CBP’s rated capacity was 19,000, according to news reports, so the system remains well over capacity. And any increase in border crossings, or a move to hold people in Border Patrol custody for longer instead of turning them over to Immigration and Customs Enforcement – like by holding asylum screenings in CBP phone booths – will nudge that number up further.

ICE, for its part, prepared for the expected border crunch by allowing its facilities to go back to 100% capacity, up from the 75% capacity it had remained at for years due to the COVID pandemic. The result is that about 8,500 more detention beds are available to ICE. That’s enough to substantially increase the government’s ability to detain asylum seekers until it can deport them. But more beds won’t prevent a bottleneck like those we saw in 2018 and 2019, when ICE’s failure to process people quickly led to them languishing in CBP facilities for days on end.

Detention can be dangerous for migrants, especially if they are already vulnerable. But CBP facilities can be particularly unsafe. And the more people are stuck in remote border facilities, the more likely it is that someone will die before medical care can arrive. Indeed, on Wednesday, an eight-year-old daughter of Honduran parents, with a congenital heart condition, died in Border Patrol custody – the first child death in a Border Patrol facility since 2019.

It’s not okay. It’s not necessary. And if the Florida ruling stays in place and continues to limit options for safely releasing asylum seekers, it is more likely to happen again.l

Can You Make Your Own Estate Plan, Or Do You Need a Lawyer?

Do you anticipate family conflict over your property when you die? Do you live outside of the U.S. or own property outside the U.S.? How much do you expect your estate will be worth when you die? Are you interested in avoiding probate for your estate? Probate is a court-supervised process that can cost your loved ones time and money. Do you plan to leave property directly to your loved ones, and are your plans straightforward? Or are you hoping to make more complex gifts?

You may want to name the age at which your children or other minors receive their inheritances. Or you only want to make a gift if someone satisfies a specific requirement. (Example: You want your niece to get an inheritance only if she goes to college.) Do you want to make a gift for someone's lifetime but then pass it to someone else? (Example: You want your spouse to be able to use your home while they are alive, but after their death, you want the house to pass to your children from a previous marriage.)

Do you want to make a gift to someone with special needs? Do you want to gift someone who can't manage their finances, even in adulthood or with significant debt? (Example: You want to leave money to your son with a gambling addiction.)

Whenever you leave money or other forms of property to minors, you need to name someone to manage it, at least until they become adults. However, you don't need a lawyer to make this arrangement; there are many ways to do this, simply in a living trust or will.

Many lawyers recommend refraining from making conditional gifts (gifts that require the recipient to fulfill a requirement). These gifts create confusion and, at worst, can make your will unenforceable. But you'll need to see a lawyer if you still want to make a conditional gift. In other situations, you should get advice from an experienced estate planning attorney.

1. You Anticipate Family Conflict

While most families won't end up fighting over a will in court, some certainly do. If you're worried about disputes—for example, you have children from a previous marriage who you expect will clash with your spouse—consider consulting a lawyer. An estate planning attorney can help you anticipate future problems and identify and express your exact wishes for what you want to happen to your property.

2. You Live Abroad or Own Property in Another Country

Simply living abroad doesn't automatically disqualify you from using U.S.based online wills and estate planning software. If you're temporarily working, studying abroad, or on active duty for the military, you probably still have ties to a U.S. state. For estate planning purposes, you can make a will or living trust using a reputable DIY product based on U.S. laws. But if you've permanently relocated to another country, you should use a lawyer well-versed in the laws of your country or region.

If you've moved abroad but own property in the U.S., you can still use a DIY product or form to make a financial power of attorney (POA). This document names someone you trust to manage that U.S. property on your behalf.

If you want to create a health care directive (also known as a "living will" and "medical power of attorney"), you should use the forms that are familiar to the medical professionals where you're currently living. This might mean consulting a lawyer in that country or using a standard form if one is available. Since a medical emergency can happen at anytime, you want your healthcare directive to be legally valid immediately in your country or region.

If you live in the U.S. but own a property abroad, you'll also want to consult a lawyer familiar with the country's laws to make plans for that property after your death.

3. You Might Owe Estate Taxes

Hardly anyone owns enough assets to trigger federal estate taxes when they die. Currently, for deaths in 2023, estates don't need to pay federal estate tax unless there's more than $12.92 million worth of property. This threshold amount is subject to change with the political climate, but even so, most people simply won't need to worry about it.

About a quarter of the U.S. states impose their state estate tax. While most of these states impose estate tax at a lower threshold than the federal estate tax—so that your estate may owe state estate tax but not federal estate tax—the tax rate for state estate tax is also lower.

If you own property valued in the millions and would like to explore ways to protect your assets from estate tax, consult an estate planning attorney specializing in transferring wealth.

continued on page 2

Your Own Estate Plan/ continued from page 1

4. You Have a Complex Goal for Your Estate Plan

You should also talk to a lawyer if you have complex conditions or plans for the inheritance you leave.

Conditional Gifts

Some people want to place conditions on gifts to their loved ones—for example, you want to leave money to a grandchild only if they graduate from college. While you might have good reasons for this restriction, conditional gifts can create confusion and lead to disputes over whether the condition has been fulfilled. We don't recommend making conditional gifts in your will or living trust, but if your heart is set on it, find an attorney to help.

Life Estates

Perhaps you want to leave property to one person (such as your spouse) for use during their lifetime but then have it pass to a different person (such as your child from a former marriage) upon the first person's death. If you want to arrange this (called a "life estate"), you'll need a lawyer to help you set it up.

Spendthrift Trusts

If you want to leave money to a loved one who has significant debt or is irresponsible with money, you might be concerned about how that inheritance will be spent. One solution is a spendthrift trust, in which you name a trusted person or institution to dole out the money to your loved one a little at the time. Or you could earmark the money to pay certain expenses, such as rent, directly. The property in the trust is also protected from most creditors. If this sounds like something you want in your estate plan, find a good estate planning lawyer.

5. You Want to Leave Property to Someone With Special Needs

If your loved one has special needs or a disability, be cautious about how you leave money or property to them. If your loved one receives government benefits, an increase in their assets can easily jeopardize their eligibility.

If your loved one already has a special needs trust set up on their behalf, you can make a simple will that leaves money for that special needs trust. But if your loved one doesn't have such an arrangement, see a lawyer who can also help you thoroughly explore your options for leaving gifts to someone with special needs.

6. You Own a Business

If you haven't yet made arrangements (for example, in an operating agreement or partnership agreement) for what will happen to your business before you become incapacitated or die, you should get a lawyer's help to make a plan.

Legal Help

Estate planning is a necessity, not a luxury! Consult with the Law Firm of Figeroux & Associates. With over two decades of experience, you are in the right hands. Experience matters! Call 855-768-8845 or schedule an appointment at www.askthelawyer.usp

Organ Donor

When you make a commitment to donate healthy organs or tissue at the time of your death, you positively impact the lives of numerous others. When planning your legacy, it’s easy to have your loved ones at the forefront of your mind, but a simple registration could influence the health of a stranger.

According to the United States Department of Health & Human Services, there are two ways to sign up to be an organ donor. From the comfort of your home, visit their website and fill out a simple form. If you would rather complete the process with a representative, the experts at the local Department of Motor Vehicles can help.

How You Can Help

Adults who are legal citizens of the United States are eligible to donate organs at the time of death, and, in some cases, during their lifetime. Of course, certain diseases may inhibit you from becoming a donor; be honest about your health conditions during registration.

Make sure to discuss your wishes with your family. Conversations regarding death are never easy. You should approach the subject with sensitivity by discussing the benefits that registration offers to others.p

One in six residents in nursing homes and community facilties were neglected last year resulting in thousands of families experiencing trauma, mental illness, medical emergencies, and even death. Nursing home abuse and neglect is real.

Has your loved one experienced any of these or other types of abuse?

•Bedsores

•Choking/Death

•Falls

•Fractured Bones

•Infections

•Improper Treatment/Medication

•Malnutrition/Dehydration

•Respiratory Illness

•Sexual Abuse

•Sexual Assault

Experience matters. The lawyer you hire does make a difference. Schedule a consultation now.

Get compensation for your loved one’s suffering. Call 855-768-8845 or visit www.askthelawyer.us