Trump’s position (as we’ve long documented) directly contradicted 20 years of well-settled existing federal law, under Flores. In short, it was not “substantially justified”. Here is a PDF file of the 25 page memorandum of law -- it will lead to a full recovery against Team Trump's lawless malevolence, thus:
. . . .As will be seen, (1) Plaintiffs are prevailing parties; (2) Defendants’ position in this matter was not substantially justified; and (3) no special circumstances make an award of fees unjust. The Court should accordingly award Plaintiffs attorney’s fees and costs pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412(d), for fees and costs incurred in securing and monitoring Defendants’ compliance with the July 30 Order, in the amount of $1,212,638. . . .
In all events, ORR’s —
(a) drugging children without their parents’ consent;
(b) failing to provide class members with written notice of the reasons for placing them in secure facilities;
(c) denying youth private telephone calls;
(d) indiscriminately demanding that a vast array of “post-release services” be in place before children will be reunited with their families;
(e) requiring the ORR Director to approve the release of any class member placed in an unlicensed facility;
(f) placing children in secure detention centers without probable cause as to a specified offense; and
(g) failing to provide children with water. . . [was] self-evidently without justification, substantial or otherwise. See, e.g., July 30 Order at 28. . . .
As taxpayers, we should all be enraged that Trump is spending our money in this lawless way.
As a believer in the rule of law (and not small, vain-glorious men) -- I will happily sign the check to the able lawyers who are daily protecting the rights of all of us. Onward.
नमस्ते
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