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people

(635 posts)
Tue Jun 26, 2018, 11:44 PM Jun 2018

Judge orders Trump administration to reunite migrant families

Source: Politico

A federal judge has ordered the federal government to reunite migrant parents with children taken from them under the Trump administration’s family separation policy.

U.S. District Court Judge Dana Sabraw, based in San Diego, issued a preliminary injunction on Tuesday night requiring that nearly all children younger than 5 be returned to their parents within 14 days and that older children be returned within 30 days.

“The unfortunate reality is that under the present system migrant children are not accounted for with the same efficiency and accuracy as property. Certainly, that cannot satisfy the requirements of due process,” Sabraw wrote in his order.



Read more: https://www.politico.com/story/2018/06/26/judge-orders-trump-reunite-migrant-families-678809



Some very good news! The opinion is not yet available publicly available. Hopefully the order requires that the government immediately provide the names, ages and location of each child, the name and location of each child's parent, and the date and exact location of where they were separated. That will facilitate communication between parent and child and their reunification.
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Judge orders Trump administration to reunite migrant families (Original Post) people Jun 2018 OP
US Supreme Court bound Iliyah Jun 2018 #1
Yep, pretty much. Hugin Jun 2018 #8
Let them take it to the SC watoos Jun 2018 #14
Good, Too Bad I Cant Say What Needs To Be Said About Idiot Clown.. Grassy Knoll Jun 2018 #2
Here's the orders... Princess Turandot Jun 2018 #3
Great news. Thank you, people. n/t Judi Lynn Jun 2018 #4
Here's the NY times article about this. pnwmom Jun 2018 #5
"migrant children are not accounted for with the same efficiency and accuracy as property." Leghorn21 Jun 2018 #6
Snipped from the judge's order: procon Jun 2018 #7
Yeah, finally good news today!!!!!!, BigmanPigman Jun 2018 #9
Here is the full decision: Liberty Belle Jun 2018 #10
Very good news, indeed. suffragette Jun 2018 #13
if it can't be done on time orleans Jun 2018 #11
Yep if he starts outright ignoring the Courts, Volaris Jun 2018 #12
It will ignore the order... Maxheader Jun 2018 #15
k and r....the key sentences are so clear. Stuart G Jun 2018 #16

Iliyah

(25,111 posts)
1. US Supreme Court bound
Tue Jun 26, 2018, 11:49 PM
Jun 2018

and this present administration and GOPs will ignore this order

vote them out

Hugin

(33,229 posts)
8. Yep, pretty much.
Wed Jun 27, 2018, 12:53 AM
Jun 2018

Trump is now back into his preferred MO of running to the refs thanks to McTurtleski and the Russpublicans.

 

watoos

(7,142 posts)
14. Let them take it to the SC
Wed Jun 27, 2018, 07:25 AM
Jun 2018

it will shine light on how evil the Trump party (Republican) has become.

Grassy Knoll

(10,118 posts)
2. Good, Too Bad I Cant Say What Needs To Be Said About Idiot Clown..
Tue Jun 26, 2018, 11:52 PM
Jun 2018

I Really Don't Know How To Say It Nicely , Maybe This..

Princess Turandot

(4,791 posts)
3. Here's the orders...
Tue Jun 26, 2018, 11:58 PM
Jun 2018

There are two:

Preliminary injunction granted:

https://www.documentcloud.org/documents/4561270-Order-on-Motion-for-Preliminary-Injunction.html


Class certification partly granted:
https://www.documentcloud.org/documents/4561269-Order-on-Motion-to-Certify-Class.html

Judge Sabraw is a GWB appointee. And half-Japanese, his US army dad having met his Japanese mom whilst stationed in Japan during the Korean War.

Leghorn21

(13,527 posts)
6. "migrant children are not accounted for with the same efficiency and accuracy as property."
Wed Jun 27, 2018, 12:24 AM
Jun 2018

I hope this ruling has...meaning.

Please have meaning

Why would ICE or DHS or HHS or ORR obey this ruling? Who will make them comply?

Hopefully hoping,

Sandy

procon

(15,805 posts)
7. Snipped from the judge's order:
Wed Jun 27, 2018, 12:27 AM
Jun 2018

Sabraw, a George W. Bush appointee, had said in earlier proceedings that the government's policy "tears at the sacred bond between parent and child. Such conduct, if true, as it is assumed to be on the present motion,[b is brutal, offensive, and fails to comport with traditional notions of fair play and decency," he wrote.]


The judge was also intensely critical of the administration's attempt to implement the new policy.

"The practice of separating these families was implemented without any effective system or procedure for (1) tracking the children after they were separated from their parents, (2) enabling communication between the parents and their children after separation, and (3) reuniting the parents and children after the parents are returned to immigration custody following completion of their criminal sentence. This is a startling reality," the judge wrote.
...
The unfortunate reality is that under the present system migrant children are not accounted for with the same efficiency and accuracy as property. Certainly, that cannot satisfy the requirements of due process."
...
"The facts set forth before the Court portray reactive governance -- responses to address a chaotic circumstance of the Government's own making. They belie measured and ordered governance, which is central to the concept of due process enshrined in our Constitution," Sabraw added.

https://www.cnn.com/2018/06/26/politics/federal-court-order-family-separations/index.html

Liberty Belle

(9,540 posts)
10. Here is the full decision:
Wed Jun 27, 2018, 01:54 AM
Jun 2018

The ruling is at: https://www.aclu.org/ms-l-v-ice-order-granting-plaintiffs-motion-classwide-preliminary-injunction
https://www.aclu.org/legal-document/ms-l-v-ice-order-granting-part-plaintiffs-motion-class-certification
This statement is at: https://www.aclu.org/news/federal-court-orders-reunification-thousands-parents-and-children-torn-apart-trump-family
Case details are here: https://www.aclu.org/cases/ms-l-v-ice

Federal Court Orders Reunification of Thousands of Parents and Children Torn Apart by Trump Family Separation Policy
ACLU Successfully Challenged the Forced Separation of Families, Sought Reunification
FOR IMMEDIATE RELEASE
June 26, 2018

CONTACT: Inga Sarda-Sorensen, 347-514-3984, isarda-sorensen@aclu.org

SAN DIEGO — A federal judge late tonight ordered the reunification of thousands of parents and children forcibly separated by the Trump administration. The American Civil Liberties Union sought the nationwide preliminary injunction to halt the practice and immediately reunite all the separated families. Thousands of families have been torn apart by this inhumane practice, which is designed to scare other families from seeking refuge in the United States. Trump’s policy has sparked global outrage.

The court said all children must be reunited within 30 days; children under five within 14 days; and all parents must be able to speak with their children within 10 days. The court also prohibited any deportation of parents without their children, absent a knowing waiver. In the future, no child can be separated unless it is genuinely in the child’s best interest, such as a showing of a parent as abusive.

Lee Gelernt, deputy director of the ACLU’s Immigrants’ Rights Project, argued the case and had this reaction:

“This ruling is an enormous victory for parents and children who thought they may never see each other again. Tears will be flowing in detention centers across the country when the families learn they will be reunited.”


Edward Sifuentes | Sr. Communications Strategist
American Civil Liberties Union
of San Diego & Imperial Counties
Direct: 619.501.3408 Cell: 619.300.6166
esifuentes@aclusandiego.org
Website | Facebook | Twitter | Instagram







orleans

(34,107 posts)
11. if it can't be done on time
Wed Jun 27, 2018, 02:20 AM
Jun 2018

in order to comply with the judge's orders and the trump administration is breaking the law then we should LOCK THEM UP! LOCK THEM UP! LOCK THEM UP!

Volaris

(10,281 posts)
12. Yep if he starts outright ignoring the Courts,
Wed Jun 27, 2018, 02:48 AM
Jun 2018

We will have a constitutional crisis on out hands....we ll see what McConnell and Co are willing to risk, at that point..

Stuart G

(38,458 posts)
16. k and r....the key sentences are so clear.
Wed Jun 27, 2018, 08:19 AM
Jun 2018

U.S. District Court Judge Dana Sabraw, based in San Diego, issued a preliminary injunction on Tuesday night requiring that nearly all children younger than 5 be returned to their parents within 14 days and that older children be returned within 30 days.

“The unfortunate reality is that under the present system migrant children are not accounted for with the same efficiency and accuracy as property. Certainly, that cannot satisfy the requirements of due process,” Sabraw wrote in his order.

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