Monday, September 1, 2025

Seems Trumpians / Noemites Think That Governments "Own" Children. Wrong. Once In The USA, They Too Have Due Process Rights: LGML v. Noem, Et Al.


Trump seems to think that parents own teenage children. They do not. And certainly, governments. . . do not.

Just as in a divorce /custody hearing, their interests must be considered. So the ruling is plainly correct: once on US soil, they too have due process rights. If either the parents or the government presents a danger to the children, they are naturals for asylum purposes. So here it is:

. . .[Tangerine 2.0 / Noem] hereby provides notice that that final minor alien of the four mentioned in the fourth status report was returned to ORR custody at approximately 1:30am EDT [off of the DC tarmac]. The other alien mentioned in the fourth status report was also placed in ORR custody today.

Defendants are not aware of any other putative class members that have not been returned to ORR custody.

Respectfully submitted this September 1, 2025. . . .

[Earlier] MINUTE ORDER: The Court ordered the Plaintiffs to file a status report by August 31, 2025, at 6:30 PM. They have not done so. The Court ORDERS the Plaintiffs to show cause why a status report was not filed by that deadline. The Plaintiffs remain under their obligation to file a status report addressing their understanding of whether the putative class members have been deplaned and returned to ORR. . . .

PRIOR MINUTE ORDER: The Court has reviewed the Plaintiffs' Complaint and Motion for Temporary Restraining Order. Given the exigent circumstances, it has determined that an immediate Order is warranted to maintain the status quo until a hearing can be set.

As the Plaintiffs have satisfied the four factors governing the issuance of preliminary relief, the Court accordingly ORDERS that:

1) The Plaintiffs' [2] Motion for TRO is GRANTED;

2) The Defendants shall not remove any of the individual Plaintiffs from the United States for 14 days absent further Order of the Court; and

3) The parties shall appear for a hearing on August 31, 2025, at 3:00 p.m. in Courtroom 14 before Judge Sparkle L. Sooknanan.

A zoom link will follow. . . .

[Original Order:] The Court ORDERS that the Defendants cease any ongoing efforts to transfer, repatriate, remove, or otherwise facilitate the transport of any Plaintiff or member of the putative class from the United States. The putative class includes all Guatemalan unaccompanied minors in Department of Health and Human Services Office of Refugee Resettlement custody as of 1:02 AM on August 31, 2025, the time of the filing of the Complaint, who are not subject to an executable final order of removal.

"[B]ecause courts may issue temporary relief to a putative class, [the Court] need not decide whether a class should be certified as to the detainees' [] claims in order to temporarily enjoin the Government from removing putative class members." A. A. R. P. v. Trump, 145 S. Ct. 1364, 1369 (2025) (citing 2 W. Rubenstein, Newberg & Rubenstein on Class Actions § 4:30 (6th ed. 2022 and Supp. 2024)). Signed by Judge Sparkle L. Sooknanan on 8/31/2025, 12:37 PM. . . .


Now you know. Onward, resolutely.

नमस्ते

No comments: