Tuesday, June 26, 2018

US District Court Order: Find the Babies Now

On a day when the Supreme Court sanctified discrimination on the basis of religion by upholding Homegrown Hitler's Muslim country travel ban, a federal District Court ordered the government to reunite separated children with their parents, and to stop indiscriminate separation of families at the border.

Specifically the judge ordered that all children under 5 be reunited with their parents within 14 days, and all other children within 30 days.  Additionally, every child must be able to speak to a parent by telephone within 10 days.

The order was the result of a class action suit before a District Court in San Diego.  The judge, Dana Sabraw, was appointed by G.W. Bush.  The order read in part:

"The facts set forth before the court portray reactive governance — responses to address a chaotic circumstance of the government's own making," he wrote. "They belie measured and ordered governance, which is central to the concept of due process enshrined in our Constitution."

Earlier in the day, seventeen states sued the federal government over the separations:

States are now seeking a court order to reunite families and end the separation practice by declaring it "contrary to the Constitution".  Tuesday's lawsuit states that Mr Trump's order does not mandate the end of family separation and says nothing about reuniting families who have already been separated.

It also calls the policy "an affront" to the states' interests in maintaining standards of care for children and preserving parent-child relationships. "The policy, and the administration's related conduct, has caused severe and immediate harm to the States and their residents."

Both suits cite laws insuring that children remain with their parents; taking children away requires due process.  They accuse the administration of breaking laws.

It's not clear what effect the San Diego order has on these suits brought by the states of California, Washington, Massachusetts, Delaware, Iowa, Illinois, Maryland, Minnesota, New Jersey, New York, New Mexico, North Carolina, Oregon, Pennsylvania, Rhode Island, Vermont and Virginia plus the District of Columbia.

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