Saturday, January 27, 2024

Sadly, Intact Putative Asylee Families Are Still Occasionally Being Separated At The California Southern Border By CBP...


We have covered this for going on a decade, now. And the litigation dates to the Reagan Administration (1985). While things have improved mightily under Mr. Biden, and most of the satellite class action litigation that resulted from Tangerine's lawlessness at the border has now been settled. . . families are still sporatically being separated -- and that is an ongoing violation of a standing USDC court order (one affirmed in the US S. Ct., in 2019).

So I write to note that the unfortunate reality is. . . the border policies are still a problem -- but not due to letting "too many in" (as the idiot Elon Musk claims). No, the problems result from at least some (likely a very small number of) federal agents who still feel MAGA cruelty and lawlessness are acceptable policies. Here's the latest:

. . .As far as may be discerned from the JCM report, CBP has not articulated an operational need for the continued separation of families nor made or recorded reasons for holding families apart. Instead, CBP cites generally “PREA” and “overcrowding,” without further explanation as to why either is an operational need that requires separation. Nor is there any evidence that CBP is making reasonable efforts to ensure telephonic or other contact between physically separated family members. November JCM Report at 5, 24-25. Instead, the JCM reports that children as young as 13 are held apart from their families for days at a time with little to no contact and, as the JCM notes,

“[C]hildren of any age could experience significant distress and potentially longterm harm by being held apart from their parents.” Id. at 23. The report underscores the Settlement’s clear mandate: “opportunities for interaction should not be viewed as optional; rather, CBP personnel should have the logistical and organizational support to ensure routine provision. CBP must also ensure that their personnel and contracted caregivers inform the affected families of their rights regarding visitation. . . .


And so, even under a Democratic Administration -- one committed to complying with the black letter law, at the top of the house, at least -- we still have a long way to go. And more legislation may be needed in 2025, from an all Democratic triumvirate. That is. . . rather. . . disheartening.

नमस्ते

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