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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsCould a group opposed to Trump's actions, get an injunction prohiting this from
happening again. "it is illegal to take children without a court order" ..and Trump must not until a court decides on the legality of such actions.. And while this is adjudication, no children may be taken from their parents. That could stop this indefinitely..
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Could a group opposed to Trump's actions, get an injunction prohiting this from (Original Post)
Stuart G
Jun 2018
OP
Rhiannon12866
(206,014 posts)1. Governor Cuomo has initiated a lawsuit. *sigh*
Stuart G
(38,445 posts)2. Thank You for the information...I sure hope it is successful and stops this. As soon as possible nt
Gothmog
(145,554 posts)3. The ACLU has a lawsuit pending
Gothmog
(145,554 posts)4. District Court Judge Denounces Forced Child Separation as "Brutal" and Clear Constitutional Violatio
this is a clear constitutional law violation https://slate.com/news-and-politics/2018/06/district-court-judge-rules-that-trump-administration-child-separations-would-be-unconstitutional.html
From Sabraws ruling (emphasis added):
As Sabraw noted, he is still poised to rule on whether or not separated families will be certified as part of the ACLUs requested class action lawsuit, and to determine if a preliminary injunction will be issued to halt a practice he describes as brutal, offensive, and [failing] to comport with traditional notions of fair play and decency. In other words, the class action question is still open, but his view that such a practice is shockingly cruel for constitutional purposes, does not seem to be in doubt.
The ACLU attorney who argued the case, Lee Gelernt, described the ruling to me as a powerful initial victory for his clients.
This is an enormous ruling, theres no question about it, because the major dispute between us and the government was whether there was a constitutional right [for] families to remain together in these circumstances, Gelernt told me.
The court has essentially said that the practice alleged in the suitand reportedly taking place all across our border for the past monthis a gross violation of the U.S. constitution. Now it has merely to determine whether the practice is actually taking place.
For Plaintiffs, the government actors responsible for the care and custody of migrant children have, in fact, become their persecutors. These allegations sufficiently describe government conduct that arbitrarily tears at the sacred bond between parent and child, and is emblematic of the exercise of power without any reasonable justification in the service of an otherwise legitimate governmental objective[.] Such conduct, if true, as it is assumed to be on the present motion, is brutal, offensive, and fails to comport with traditional notions of fair play and decency. At a minimum, the facts alleged are sufficient to show the government conduct at issue shocks the conscience and violates Plaintiffs constitutional right to family integrity. Accordingly, Defendants motion to dismiss Plaintiffs due process claim is denied.
As Sabraw noted, he is still poised to rule on whether or not separated families will be certified as part of the ACLUs requested class action lawsuit, and to determine if a preliminary injunction will be issued to halt a practice he describes as brutal, offensive, and [failing] to comport with traditional notions of fair play and decency. In other words, the class action question is still open, but his view that such a practice is shockingly cruel for constitutional purposes, does not seem to be in doubt.
The ACLU attorney who argued the case, Lee Gelernt, described the ruling to me as a powerful initial victory for his clients.
This is an enormous ruling, theres no question about it, because the major dispute between us and the government was whether there was a constitutional right [for] families to remain together in these circumstances, Gelernt told me.
The court has essentially said that the practice alleged in the suitand reportedly taking place all across our border for the past monthis a gross violation of the U.S. constitution. Now it has merely to determine whether the practice is actually taking place.