Sen. Joe Manchin (W.Va.), who recently left the Democratic Party to become an independent, is leading 45 of his Senate Republican colleagues on a resolution to overturn a Biden administration rule on the care of unaccompanied migrant children.
“We have a crisis at our southern border and its human impacts are absolutely devastating. I have repeatedly called on President Biden to use his executive powers to shut it down and address the cycles of exploitation that illegal immigration empowers. Instead, the Administration is allowing rules like this one to jeopardize the safety of migrant children and trust them in the hands of unvetted sponsors,” Manchin said in a statement.
Manchin argues that the rule put forth by the Department of Health and Human Services (HHS) would allow for lax or optional vetting of sponsors for the children. He contends it would not require a sponsor’s criminal history, including drug abuse, abuse, or neglect, to be considered as necessarily disqualifying child welfare concerns.
Manchin’s office stated that the administration’s new rule would not require a sponsor to share their immigration status with law enforcement. Additionally, it would implement “weak standards” for post-release home studies to determine a child migrant’s welfare while in the sponsor’s custody.
Manchin also objects to restrictions on whistleblowers’ rights to disclose to Congress and the Health and Human Services inspector general information about misconduct in the program.
When immigration authorities apprehend a child who enters the country without a parent or legal guardian, they transfer the child to the custody of the Office of Refugee Resettlement until that child is released to a sponsor, who is usually a family member, to wait for court proceedings, according to HHS.
Sponsors must be found suitable to provide for a child’s well-being, and all sponsors must pass background checks.
In announcing the rule in April, HHS officials touted it as an improvement on the 1997 Flores Settlement Agreement by setting improved standards for the placement and release of unaccompanied children, emergency and influx operations, transportation, and monitoring requirements.
HHS Secretary Xavier Becerra said it “underscores HHS’ unwavering commitment to the health, safety, and welfare of unaccompanied children in our care.”
“By enhancing the legal framework governing the UC Program, we set clear standards for the care and treatment of unaccompanied children in ORR’s custody and the support they receive as they transition into new communities,” he added.
Manchin can bring the resolution to the Congressional Review Act and force a vote regardless of colleagues’ objections.
It cannot be filibustered.
Manchin’s decision to jump ship
Earlier, Manchin decided to leave the Democrats in the dust because he felt he couldn’t serve our nation’s interests and remain in the party.
“To remain true to myself and uphold my commitment to prioritize country over party, I have decided to register as an independent with no party affiliation and continue advocating for America’s sensible majority,” Manchin announced in a statement.
The news of Manchin’s decision was first broken by longtime West Virginia radio host Hoppy Kercheval. Despite his departure from the Democratic Party, Manchin will still caucus with Senate Democrats, as confirmed by his office.
Manchin declared last November that he would not seek a third term in 2024. However, his switch to independent status has revived speculation about his political future. According to the secretary of state’s office, the deadline for an independent to file for candidacy in West Virginia this year is August 1.
Manchin, now 76, served as the governor of West Virginia from 2005 to 2010. He then won a special election to fill the Senate seat vacated by the late Robert Byrd, a legendary Democrat. Manchin won a full Senate term in 2012 and was re-elected in 2018.
In his 2018 re-election, Manchin narrowly defeated Republican state Attorney General Patrick Morrisey by a margin of just over 20,000 votes, or 3 percentage points, during a time when the state was increasingly aligning with the Republican Party, largely due to Donald Trump’s influence. In the 2020 election, Trump secured nearly 70% of the vote in West Virginia.
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