As we celebrate the Saint's day decidedly quietly, we will link to a fine reply brief in the Ms. L. class settlement in San Diego, a 12 pager that once again makes plain that Trump's administration is trying to prevent refugees and asylum seekers from benefitting under the settlement it had to agree to in October 2018, given the brazen violations of law by 45's team, then underway.
The notion that the ACLU and others must go "find" people Trump is effectively "hiding" -- by not sharing information -- is simply. . . jaw slacking. But so like. . . Trump. [Last night, he preposterously tweeted that he thought he had the authority to ask California to "repay" money Congress (i.e., not the Executive Branch!) granted it, for bullet trains -- because he is desperate to find his Luddite Adder-wall money.] He is a monster.
. . . .[T]he issue before the Court is two-fold: (1) if a parent class member was given an expedited removal order while separated, was not issued a notice to appear, and has not submitted a signed waiver form, is he or she nonetheless entitled to relief under the settlement, and (2) if so, what are the obligations of the Government under the settlement? Recently reported numbers show why these questions matter. . . .
. . .[T]he class notice list includes 1,202 parents who were in the United States as of last year and who are potentially entitled to relief, which means that at least 991 parents on the class list have not submitted forms. . . .
Even if “many” of these 991 parents were released into the community with notices to appear (and thus do not require settlement procedures), there are almost certainly others who require the settlement relief agreed to by the parties. Class counsel have no way of knowing how many additional individuals are entitled to relief or who they are. Only the Government has the ability to identify them. . . .
The threshold determination for the Court, as acknowledged by the Government in its Opposition, is “what must happen to trigger the government’s obligation to provide” settlement procedures. Defs.’ Opp’n 4:24-25. The Government takes the position that each and every class member must submit an executed waiver form to trigger his or her right to relief under the settlement agreement. Although the Government characterizes its position as providing class members with “the opportunity to make an affirmative election whether or not to accept the rights,” the Government’s substantive position is that class members are not entitled to relief unless they submit forms. Id. at 3:13-22 (proposing “a procedure in which class counsel is responsible for determining the election of each and every settlement class member before any action is taken in his or her case”). Stated differently, the Government is trying to convert the agreement to a “claims-made” or “opt-in” settlement. . . .
Now you know -- off to catch a jet bound for points north and east, from a rainy warm tarmac. . . do love those you love -- in honor of the fine Saint's day. . . smile.
नमस्ते
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