Notes on Liam Conejos Ramos

◀ ▶

So it seems that Liam may be legally held, at least for a time, in Texas. But the notions of legal and just are not the same.

  • Legal is a judgement made relative to a set of laws
  • Just is judgement made relative to as system of moral teaching, be it conventional, cultural, or religious.
  • ICE has a practice of acting swiftly before the legal system can react. That is a matter of policy choice, and the Federal administration (Trump, Miller, Noem, Bondi, etc). There is room within the bounds of the law, even current law, to act justly, or at least more justly. But that is not the choice made by the present junta administration.

NB. my choice of words, stemmning its meaning in the early 17th century): junta from Spanish and Portuguese, from Latin juncta, feminine past participle of jungere ‘to join’. In this case a group within the Administration that has joined to institute and carry out the current policy. There was no major legal change between the Biden administration and the second Trump administration. But there was a huge policy change.

Better here to use the term “legal system” than “justice system” to avoid confusing what is legal with what is just.

Relevant laws, in sequence.

  1. Initial detention
    • Liam and his father were initially detained in Minnesota (Columbia Heights), near their home and school.
    • This was the point of arrest / apprehension.
  2. Transfer to Texas
    • After that initial detention, ICE transported them to Texas, specifically to the South Texas Family Residential Center (Dilley, TX).
    • This transfer occurred before the federal judge issued the temporary order.
  3. Judicial order
    • The federal judge later ordered that: > Liam and his father may not be deported or transferred out of the district while their case proceeds.
    • The order froze their location at the time it was issued.

Why this means detention in Texas is (likely) lawful so far

Because the transfer to Texas happened before the court order, ICE can legally argue:

  • “We did not violate the order because the transfer had already occurred.”
  • Continuing to detain them where they already are does not constitute a new transfer.

So, strictly speaking:

  • ❌ Moving them now → illegal
  • ❌ Deporting them now → illegal
  • ⚠️ Continuing detention in Texas → not automatically illegal

Even though the detention is not per se illegal, it is vulnerable on other grounds:

1. Flores Settlement

  • Prolonged detention of a 5-year-old
  • Availability of less restrictive alternatives (release to family)
  • Conditions and mental health impact

2. Due process

  • Whether continued detention is justified
  • Whether ICE is exercising discretion reasonably
  • Whether the child’s welfare is being subordinated to enforcement convenience

This is why lawyers often proceed in stages: 1. Stop transfer/deportation
2. Build record of harm and unnecessary detention
3. Seek mandatory release