ACLU to continue lawsuit over Trump policies toward immigrant families

[Gothmog]

This lawsuit has already survived a trump DOJ motion to dismiss and will be going to trial https://www.politicususa.com/2018/06/20/aclu-to-continue-lawsuit-over-trump-policies-toward-immigrant-families.html

(Reuters) – The American Civil Liberties Union on Wednesday said it plans to continue pursuing its lawsuit challenging U.S. President Donald Trump’s policies concerning the treatment of immigrant families trying to enter the country.

The nonprofit plans to seek an order in the federal court in San Diego compelling the reunification of immigrant parents with their children, a lawyer for the ACLU said in a phone interview.

The announcement came after Trump on Wednesday signed an executive order ending the separation of families and instead calling for the detention of parents and children together.

[Iliyah]

1. The rate t-rump, his adminstration and the GOPs going . .

all will be broke within several years.

[Gothmog]

16. Nationwide preliminary injunction in @aclu family separation challenge

Link to tweet

[MichMan]

2. What about all the unaccompanied children?

Would a successful lawsuit require they be deported to reunite with their parents?

And how would such a ruling impact DACA kids who might have had their parents deported years ago?

[Demsrule86]

5. They will be deported anyway. Better to be with their parents.

[blake2012]

6. Uhhh...no. They can place appropriate bounds around it

If the US government didn’t separate children upon arrival, the case would not be within scope of this argument being made.

[MichMan]

8. Unaccompanied children were not separated though

[blake2012]

9. You're the one who brought up a unaccompanied my minors

The case is about families who were separated by Trump’s departments on the border.

[MichMan]

10. Just pointing out that it may not be possible to reunite everyone

Unaccompanied minors have a much more difficult path to be reunited.

[Gothmog]

15. Yeah

Link to tweet

[Demsrule86]

3. I am sending them money...call your Senator or House member...tell them we know they are

liars. I know the EO does not stop the child kidnappings.

[blake2012]

4. Thank you ACLU!

[bdamomma]

7. Good

I increased my monthly donation to them yesterday.

[Gothmog]

11. 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]

12. From my twitter feed

Link to tweet

[Gothmog]

13. ACLU urges injunction against separating immigrant families

I have been following this case for a while. I hope that the ACLU is successful https://www.politicususa.com/2018/06/25/aclu-urges-injunction-against-separating-immigrant-families.html

(Reuters) – The American Civil Liberties Union on Monday urged a federal judge to issue a preliminary injunction to block the Trump administration from routinely separating unauthorized immigrant parents from their children.

In a filing with the U.S. District Court in San Diego, the ACLU said an injunction was needed because President Donald Trump’s June 20 executive order to end separations contained “loopholes,” even when children’s welfare might be endangered.

An injunction would also require families to be reunified within 30 days, unless the parents were unfit or were housed in adult-only criminal facilities. The government could appeal.

A spokeswoman for U.S. Attorney Adam Braverman, whose office represents the government, did not immediately respond to requests for comment.

The filing came after U.S. District Judge Dana Sabraw on June 6 said forced separations could be unconstitutional, and rejected the government’s bid to dismiss the ACLU’s lawsuit.

[Gothmog]

14. Trump is worried

Link to tweet