U.S. urges judge not to require reuniting of immigrant families

[DonViejo]

Source: Reuters




JUNE 26, 2018 / 2:04 PM / UPDATED AN HOUR AGO
Jonathan Stempel

(Reuters) - The U.S. government urged a federal judge on Tuesday not to require that it stop separating and quickly reunite migrant families after they illegally cross the U.S.-Mexico border, saying President Donald Trump’s executive order last week “largely” addressed those goals.

In a filing with the U.S. District Court in San Diego, the Department of Justice said a preliminary injunction sought by the American Civil Liberties Union would be improper because it would require releasing parents subject to mandatory detention, and illegally releasing some children from custody.

It also said imposing the “arbitrary” deadlines sought by the ACLU would likely “cause confusion” rather than speed up family reunifications.

More than 2,300 migrant children were separated from their parents after the Trump administration began a “zero tolerance” policy in early May, seeking to prosecute all adults who crossed the border illegally, including those traveling with children.




Read more: https://www.reuters.com/article/us-usa-immigration-aclu/us-urges-judge-not-to-require-reuniting-of-immigrant-families-idUSKBN1JM2JA

[dameatball]

1. How can "largely adressed" really mean a damn thing?

[FreepFryer]

2. Unexpected, but disreputable nonetheless. (n/t)

[wasupaloopa]

3. Few years ago the DOJ would have done just the opposite,

[Snellius]

4. Kidnapping is a federal crime

Just because they're undocumented immigrants seeking asylum, can they murder them as well?

[OregonBlue]

5. There's something very nefarious going on here. What are they hiding?

[lark]

6. drumpf Nazis to judges:

We have the right to kidnap babies/children and keep them in cages anytime and for any reason, SCOTUS Russian Repugs will back us up so you need to get in line. There are no controls or rules on our punishment of these infestations of children, we don't have to return them to their parents, we can torture them and their parents for fun and profit and there's nothing you can do to stop us

[Gothmog]

7. Judge Denounces Forced Child Separation as "Brutal" and Clear Constitutional Violation

Here is some from the first ruling that came down on June 6 https://slate.com/news-and-politics/2018/06/district-court-judge-rules-that-trump-administration-child-separations-would-be-unconstitutional.html

From Sabraw’s ruling (emphasis added):

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 ACLU’s 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, there’s 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 suit—and reportedly taking place all across our border for the past month—is a gross violation of the U.S. constitution. Now it has merely to determine whether the practice is actually taking place.

[Gothmog]

8. From DU

Link to tweet

[sinkingfeeling]

9. Beyond shameful.