1/9 I represent a few mothers who were separated from their kids. First the good news, all my clients had phone calls w kids. Took a few weeks, but DHS identified correct mother/child and put them in touch. But these kids are 10-12 and know mom’s name, DOB.
2/9 All my clients were charged with and plead guilty to misdemeanor illegal entry, sentenced to very minor sentences of time served, which was a few days at most. These charges are meaningless and do nothing but make the asylum process more complicated and expensive.
3/9 My clients turned themselves in after crossing into the US. They were seeking asylum. There are strong defenses to prosecution for illegal entry if the person is an asylum seeker, especially if the person immediately turns themselves in to immigration upon entering.
4/9 Regardless, no need to separate mother/child for a meaningless misdemeanor charge that is resolved in hours w punishment being a day or so in jail. One client was charged, taken to court, talked to defense attorney, plead guilty, sentenced, released all in the same day.
5/9 Why did the government have to take away her kid for that? Prosecution for illegal entry is just a pretext for taking the kids. The goal is to inflict pain and trauma on family.
6/9 And where does the government get legal authority to separate mother/child without any due process at all. Citation? At the very least, a hearing before a federal magistrate should be required for separation of mother/child as part of criminal bond process.
7/9 Parents have a due process right to custody of their children. Magistrate could just as easily order bond so mother/child could stay together. Pretrial services officers in the federal courts should evaluate case and make a recommendation, then have hearing. At minimum.
8/9 In many cases, child is witness or part of asylum claim and could have relevant information. Separation of mother/child hurts the asylum case. Priority for my clients is now reunion with kids, asylum case is secondary at this point.
9/9 Ironically, if kids are separated from mom and released from custody, government has created a very strong case for special immigrant juvenile visa for abandoned/neglected children. I will update as clients work their way through the process. End.
