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(((Greg Siskind))) @gsiskind
, 18 tweets, 6 min read Read on Twitter
1 - Beginning of thread regarding breaking news. Court in San Diego imposes nationwide injunction reversing family separation. So some good news from the courts to end yesterday after an obviously bad start to the day.
2- The case is called L v. ICE and I’ll try and summarize briefly what is happening. It’s coming from Judge Dana Sabraw in the US District Court in the Southern District of California in San Diego. This is the ACLU suit I mentioned a few days ago that I was hoping would end this.
3 - Key language is the simple sentence at the start of the decision. “Extraordinary relief is requested and warranted under the circumstances.”
4 - I’ll try and get into some of the details of the order now.
5 - The judge briefly laid out the history and noted both Trump’s recent EO claiming separation will be stopped as well as the “Fact” sheet just issued a few days ago by DHS. DOJ argued injunction unneccesary because of these, but judge said evidence shows they’re not working.
6 - Judge then recites history of case noting that a class action has been certified. Judge then notes that the plaintiffs have demonstrated irreparable harm that’s happening and that, importantly, they are likely to succeed at trial on the merits of the case. Injunction granted.
7 - The judge spells out the interesting history of the case and family separation. As an aside, worth reading. int.nyt.com/data/documenth…
8 - Judge Sabraw says the EO is inadequate to get the job done for a lot of the reasons I laid out the other day when I did a thread on the EO. All sorts of language not guaranteeing anything.
9 - The judge notes before setting out the order, that she’s pretty shocked by the government’s incompetence or lack of concern for tracking the kids.
10 - And now for the good part. The order.
11- DHS is enjoined from separating a parent from a child unless the parent is a danger to the child or unless the parent is okay with separation.
12 - If a parent is released from custody, the child may not longer be detained and must be released to the custody of the parent unless there’s danger to the child or the parent declines to be reunited.
13 - Children under 5 must be reunited with their parents within 14 days. All others must be reunited within 30 days.
14 - DHS must take immediate steps to facilitate regulate communications between kids and parents. Within 10 days, DHS must provide phone contact between parents and kids if there’s not already contact happening.
15 - DHS must take steps to make sure there are regular contacts between the agencies dealing with both parent and child.
16 - This one’s big. DHS may not deport any parents without their hild unless the parent knowingly and voluntarily declines to be reunited with the child.
17 - Finally, the judge reserves the right to revisit the order and change as necessary. The Times is reporting DOJ intends to fight the order, but the clock is ticking. But this is obviously great news and we’ll be watching closely how DHS implements. That’s it for the thread.
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