Thursday, July 19, 2018

More Tomorrow -- But Here Is Where We Stand: Status At 07.19.2018...


Chad Readler and Donald Trump have -- as of end of day Pacific -- still failed to provide the detailed listing of each parent (and child) as to which the government contends it need not reunify them. The lists (both for those under 5, and those age 5 to 17) were ordered to be prepared in sufficient detail, to allow the lawyers for Ms. L., Ms. Flores, the ACLU and La Raza (and other pro bono providers) to meaningfully evaluate and challenge (where warranted) the government's assertion that the parents being deported without their children pose a risk to the child, themselves, or society at large.

In most cases (it seems, though we cannot really tell -- due to the Trump administration's failure to so comply), the government claims felonies are the disqualifying event -- but has not detailed with specificity what each potential deportee is alleged to have done, to be disqualified for reunification and/or release into the interior, pending a hearing on a claim of asylum.

This has to be profoundly frustrating to the able federal District Court judges, as it is now clear none of this data was collated and organized, as over 2,500 people were having their children wrenched from their arms.

It is clear to me at least -- not just that the process was wholly-incompetent -- but more likely the government never intended to reunify, and planned to disappear them all -- in one way or another -- by summarily dumping on the Mexican side of the border.

I actually do not think Trump is competent enough to have blown up all this Russian fealty and ring-kissing this week, to purposely, planfully distract (in advance) from the horrific situation he had unlawfully placed these families in. No -- I think both the Russian madness, and this. . . they are simply the result of a wildly evil and inept bunch of below average people -- on all dimensions. Here is a bit from the nine page status report and request, which I think Judge Sabraw is likely to enter as an order -- as early as tomorrow afternoon:

. . .By July 20 at 5:00pm PST, Defendants must provide a list of Class Members in ICE custody who have final removal orders. The list must indicate whether the parent signed any election form to be removed with or without the child. For parents who elected to be removed with the child, the list must state the location where the family will be reunited. . . .

By July 21, Defendants must provide a list of Class Members who have been deported or released from DHS custody into the interior. . . .

Defendants must immediately file a plan for reuniting children with the Class Members who have been released from ICE custody. This plan should provide the same level of detail as Defendants’ July 15 plan for reuniting parents who are in ICE custody. . . .

By July 23, Defendants must provide a list of families with children age 5-17 who have already been reunified. The list must indicate whether the family was deported after being reunified. . . .

By July 23, Defendants must provide detailed and specific information as to why each putative Class Member with children under 5 was excluded based on criminal history, allegations of abuse or neglect, or parentage, given the age of these children. This information must be sufficiently detailed to allow Plaintiffs to dispute or challenge the reasons for excluding the parent from the class. . . .


Now you know. This episode, in particular, will be recorded by historians, some years from now -- as among America's darkest -- in the early part of the 21st Century. We have abandoned in one stroke, as to asylum seekers -- almost all the progress we made in the last century, on human rights, basic human dignity -- and honoring in deed (not just in word) the cherished inscription, at the foot of Lady Liberty. Which is simply another way of explaining the guarantee of our 14th Amendment.Truly a sad moment.

नमस्ते

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