Wednesday, February 6, 2019

[U] This Level Of Trump Administration "Foot-Dragging" -- In Delaying Implementation Of Clear Court Orders... Is Stunning


UPDATED: 02.07.19 @10:35 AM CST -- Now pending before the court is an order, for the able Judge Sabraw's signature, to clarify that a cramped reading of who might be entitled to relief under the Ms. L. October 9, 2018 settlement should not prevail. The proposed now signed order broadly defines essentially all people claiming refugee or asylum status (since early 2017) at the border as eligible for the protections of the settlement -- not just the narrow, cramped, patrician reading advocated by the Trump lawyers. End, updated portion. Oh -- if you care -- here is the mostly specious 22-page-rationalization, offered by Team Trump, for opposing this clarifying order. Me? I. . . don't. Onward.

It is gravely disheartening to see the Executive Branch actively "slow-walking" any binding nationwide federal court order (for example, in regard to environmental remediations, related to ethylene oxide levels, in Chicago area medical waste facilities).

But. . . it is unprecedented -- in the modern history of the Presidency, since the end of WW I (1919), to see this sort of foot-dragging where defenseless children are literally still in cages -- being kept away from their parents and guardians. The Japanese American Korematsu plaintiffs saw speedier relief (late in WW II). This is equally unlawful -- and nearly 75 years have passed, since the nation learned that awful lesson. Here is a bit from the status report filed this afternoon, in San Diego:

. . . .At the November 30 Status Conference, the Court requested the parties to agree upon a baseline of the total number of parents who were removed following separation from their children, so as to provide the Court with a complete accounting of the reunification process. The government has not yet provided their proposed baseline to the Steering Committee.

Moreover, since November 30, the government has disclosed that 149 additional separated children were in ORR custody on June 26, 2018. Despite the Steering Committee’s requests, the government has not reported whether any of these additional 149 children’s parents were removed, nor provided identifying information for any such additional removed parents. The Steering Committee requires this information to ensure the needs of those families can be addressed. . . .

The Steering Committee remains very concerned that more than 50 children remain in ORR custody and have not yet been placed with appropriate sponsors. At the November 30 Status Conference, the Court requested the government monitor the pace of release and provide the Steering Committee with information regarding the status of releases.

The government provided the Steering Committee with general information regarding the kinds of issues that delay placement with sponsors on December 11, but did not provide any information about particular cases or report on the number of children who had recently been placed with sponsors. In light of the passage of time and the number of children who have not yet been placed with sponsors, the Steering Committee asks that the government provide more particularized information and identify any roadblocks to expeditious release. . . .


I am appalled by Donald Trump's personal, unblinking, unthinking savagery -- appalled. He is the most pernicious (non-) "leader" in the history of our nation. And history will write him down as not appreciably different than the likes of. . . Idi Amin, insofar as he has conducted himself, in the border matters. Disgusting.

नमस्ते

2 comments:

Anonymous said...

The House Oversight and Government Reform Committee has a new subcommittee on civil rights. I wouldn't be surprised if they will be looking into this.

condor said...

We may only hope. Thanks.

And, I would venture a guess -- just a guess -- that the able Judge Sabraw may well get things rapidly straightened out -- by promises of contempt orders, and jailings, if Team Trump doesn't get its act together. I do think that is the fastest path to relief, here. Directly employ the Judge's prior rulings (as we see in the above update).

Namaste. . . . see my updates, above.