Judge Sabraw (a very level headed and able jurist, he) has decided that the government deserves significant deference (using an "abuse of discretion" standard) for these two individual parent / child cases. I might reply that no US citizen parent could ever lawfully be denied the right to keep their kids based on these long past (and clearly minor) matters. . . .
But here is his terse three page order. And his decision is binding, pending an appeal to the Ninth Circuit. The other terms (which apply nationwide) in the Flores consent decree in LA (these two were under the Ms. L. proceedings, in San Diego) mean that the parents and more importantly, the kids -- cannot be detained indefinitely. The kids are entitled to release into the US, pending a final hearing on asylum. They may be released now, into the interior -- to any other family member, upon a simple motion by the ACLU, under Flores.
I suspect the Ninth Circuit will offer the above cruelty based analysis -- that kids aren't taken in the US from parents who've served their time -- to reverse and remand. But we shall see, in time. That's two down, 27 yet to go. [There are 27 other parental denials of reunification cases like this being reviewed, by the ACLU as we speak.]
Onward. No real custom graphic -- just some profound sadness, now six years on. Another regular hearing Friday -- and another status report, tomorrow.
नमस्ते
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From a former government official, in charge of such cases:
". . .When such separations occurred, it was because there was credible evidence that the parent was a serious danger to their own their child. I can only remember one instance where a child under five years of age was separated from his or her parent because of the parent’s alleged criminal conduct, and that was an instance where the parent allegedly was involved in sex trafficking their own child. The fact that here independent child advocates for the children of Mr. C. and Ms. Q. both recommend immediate reunification (and note that they have no safety concerns) would strongly counsel in favor of reunifying these families. . . ."
From updated third link in the body of the post, above.
Onward.
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