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Carrie Cordero @carriecordero
, 11 tweets, 3 min read Read on Twitter
Please take the time to read: The Five-Year-Old Who Was Detained at the Border and Persuaded to Sign Away Her Rights, by Sarah Stillman - a few thoughts from me to follow... newyorker.com/news/news-desk… via @NewYorker
The first thing to note is that the separation from a child from her grandmother upon arrival to the U.S. is that it appears to have taken place after the president supposedly ordered the forceful separations stopped...
A second thing to note is that the implementation of these separation policies requires the joint cooperation of both DHS & HHS - Secretaries Nielsen and Azar at the top, and the many deputies who work under their chain of command...
A third thing to note is what must be a significant involvement of lawyers & operational level personnel in the agencies who presumably are providing guidance. I discussed the ethics of carrying out these policies for lawyers & operators alike here: lawfareblog.com/ethics-separat…
I'm very curious about what role lawyers played in determining that it was lawful to present waivers specifically designed for children to sign to waive their rights. The waiver document is embedded in the @NewYorker article...
...in a whole host of other areas of law - family law, privacy law, criminal law, as examples - children aged five would not be authorized to provide informed consent in a variety of contexts...
In fact, the HHS Secretary is an accomplished and sophisticated lawyer, as this lovely recent profile of him explains: washingtonpost.com/national/healt…
As I discussed some here, the lawyering of the entire family separation issue for at least the past 6 months - including whether and how considerations of children's rights have been taken into consideration - has been, to put it kindly, lacking: lawfareblog.com/legal-consider…
All of which is to say, while it is easy to identify a convenient bogeyman in someone like, Stephen Miller, as here.... slate.com/news-and-polit…
The responsibility for implementing these policies, and for ensuring that they are executed in a lawful way, rests with the executive branch agencies and their leadership who carry them out....
...and it is my fervent hope that in January when a new #Congress is in place that members of both parties will conduct meaningful oversight of how DHS & HHS are implementing immigration policies consistent w/law, respect for children's rights & consistent w/ real security needs.
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