Law Federal judge enjoins separation of migrant children, orders family reunification

https://www.washingtonpost.com/news...migrant-children-orders-family-reunification/

A federal judge in San Diego on Tuesday barred the separation of migrant children from their parents and ordered immigration officials to reunify within 30 days families that have been divided as a result of a zero-tolerance policy enforced by the Trump administration until last week.

Judge Dana Sabraw of the United States District Court for the Southern District of California granted a preliminary injunction sought by the American Civil Liberties Union.

An executive order issued by Trump last week ended the policy of forced separation, replacing it with family detention, but about 2,000 children remain split from their parents. The government had urged Sabraw not to grant the injunction, saying the president’s order, which followed days of bipartisan outcry, had resolved the concerns of the suit.

A mother and her 6-year-old daughter, split up after arriving in the United States in November in search of asylum from religious persecution in the Democratic Republic of Congo, were at issue in the ACLU’s suit. The pair were reunited in March, but the civil-liberties group is taking up class-action claims by other migrants.

The federal court said all children must be returned to their families within 30 days. Children under 5 must be reunited with parents within 14 days.

 

[OG 666]

I’m sure all the federal courts who tried to shoot down the travel ban are reeling after the SCOTUS ruling this morning, so I wonder if this will be their next hill to die on.

 

[Yellow Yam Scam]

Are the jails big enough for the children to have a play area?

 

[skiddlez]

Breaking into a country does not make you a citizen of that country, and you are not protected by most of the rights that country has to offer. If I break into your house, does that make me a part of your family?

Build wall.

 

[Marvin]

As long as they have the proper identification proving they're the parents of the kids, fair enough. I'm guessing a big chunk don't though.

Breaking into a country does not make you a citizen of that country, and you are not protected by any of the rights that country has to offer. If I break into your house, does that make me a part of your family?

Build wall.

Illegal immigrants have limited rights in the US.

 

[Sissy Galvez]

I’m all for reunification. Let’s reunite them in their home countries.

 

[IV 445]

The US is not a daycare. Pick up your kids ffs

I’m very happy the government is creating these camps to keep kids safe from weirdos who prowl the desert. But kids need their parents to tell them to eat apples and watch the world cup with rather than government employees.

 

[millais]

14-30 days is a very brief window in which to positively ID paperless children and parents. I foresee a lot of these children being incorrectly paired with human traffickers who wouldn't mind claiming the extra pound of flesh.

Good job, genius.

 

[skiddlez]

Illegal immigrants have limited rights in the US.

Edited because you're right, and you obviously can't do something like kill them, but I still stand that if you're going to illegally venture into a country and break their laws, expecting rights is a stretch. I don't think anyone who does this should be entitled to much, if anything at all.

 

[Piss Clam]

I agree with the POTUS. Just turn them around at the border, this asylum seeking is getting old.

He should EO that you can only asylum at a US embassy/consulate.

Border don't count.

 

[Mariposa Electrique]

14-30 days is a very brief window in which to positively ID paperless children and parents. I foresee a lot of these children being incorrectly paired with human traffickers who wouldn't mind claiming the extra pound of flesh.

Good job, genius.

Lets send them all to Maury to sort this out,
"Flumencio, You are NOT the father of children A14-A45 , but you are the father of children A45-A99, and also the father, brother, and cousin of children A99-A108.

 

[Nobunaga]

Great, now we can kick off both parents/traffickers and children
Brilliant move there leftists

 

[Maggots on a Train]

They should give all the "parents" a plane ticket to the southernmost city in Mexico, and turn the minors over to the Mexican government. Let them sort their own mess out. I wouldn't be surprised if some of them don't even have birth certificates anywhere.

 

[Corbin Dallas Multipass]

So... am I missing something here, or is the simplest solution just to say "If you don't have papers then we aren't letting you through. Go home. Take you kids with you."

Then no more family separations, no detention. Does the US have a law preventing this?

 

[Trash Eater]

Can someone explain the legal ramifications of this ruling? I thought Trump signed something a few days ago ending the family separation in the exact same way. Is this just Area Judge trying to get his name in the paper for virtue signalling or did something actually change?

 

[Krokodil Overdose]

I like how this happens literally the day after a majority SCOTUS opinion that questions the constitutionality of nationwide injunctions by judicial randos.

 

[RodgerDodger]

I’m sure all the federal courts who tried to shoot down the travel ban are reeling after the SCOTUS ruling this morning, so I wonder if this will be their next hill to die on.

Can someone explain the legal ramifications of this ruling? I thought Trump signed something a few days ago ending the family separation in the exact same way. Is this just Area Judge trying to get his name in the paper for virtue signalling or did something actually change?

There are no legal ramifications. The Roberts Court just delivered an unquestionable smack down to activist judges meddling in immigration matters on the same day that this Judge issued her order. The Judges order is pointless because A. The Administratiin had already altered the Policy, and B. It will get bitch slapped immediately at review thanks to the clear message from Roberts.

 

[blax]

So... am I missing something here, or is the simplest solution just to say "If you don't have papers then we aren't letting you through. Go home. Take you kids with you."

Then no more family separations, no detention. Does the US have a law preventing this?

If you present yourself at a port of entry to apply for asylum you are never separated (unless you have a criminal history or otherwise ineligible for asylum application). You also get immediately transferred to HHS ORR (Health and Human Services Office of Refugee Resettlement) custody and given housing etc while your app is processed.

The family separation stuff is happening to people that are caught crossing illegally and are already in the country. I think they cannot be deported immediately once they are in the country because they are owed due process, like a hearing w/ an immigration court. Though remember Obama's deportation numbers went really high because they started counting illegal aliens that never made it in the country as deportations (or something like that??).

The thing that makes these "asylum seekers" suspicious is that UN rules for refugees/asylum state that you NEED to apply at the first safe country you get to. For central americans this would be mexico. There are also 8 US consulates and an embassy where asylum apps can be processed that don't require central americans to travel through 1000's of miles of shithole Mexico. In my opinion, the only reason you would try to illegally enter the country is because you have no valid reason for applying for asylum and/or you are a criminal.

There are actually some good FAQs here: https://www.dhs.gov/news/2018/06/18/myths-vs-facts-dhs-zero-tolerance-policy

And if you want to browse some stats about the illegal entries, check out https://www.cbp.gov/newsroom/stats/sw-border-migration The numbers are pretty crazy IMO

 

[AnOminous]

There are no legal ramifications. The Roberts Court just delivered an unquestionable smack down to activist judges meddling in immigration matters on the same day that this Judge issued her order. The Judges order is pointless because A. The Administratiin had already altered the Policy, and B. It will get bitch slapped immediately at review thanks to the clear message from Roberts.

Immediately? It's going to the Ninth Circuit, which often doesn't even care if it gets reversed. It depends on what panel of three judges get drawn at random.

You wouldn't think that the justice system is a game that's RNG dependent, but there you go.