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The federal judge handling the family separations class action just heard arguments about whether to expand the class of separated families to pre-6/26/18. The ACLU is asking for it, the govt is opposed. No ruling today, but the judge seemed to be leaning in favor of doing it
The recent inspector general report on family separations said it was unknown how many families were separated since 2017, and it could be many more than the numbers we've known through the litigation in California, see this story: buzzfeednews.com/article/amberj…
A ruling expanding the class to include all families separated per the Trump administration policy that a judge found was likely unlawful could have a huge effect. The judge seemed to agree with the ACLU that there should be an accounting of what happened to all those kids
DOJ is arguing against an expansion of the class, saying that this other group of separated families, where the child was already removed from ORR custody and placed with a sponsor, is too different to be covered by this case. There aren't common remedies, the DOJ lawyer argued
But the judge indicated that he thought an accounting of these families would come first, and then a decision about what the remedy should be. The DOJ lawyer said it would blow open the case just as the govt is getting close to compliance with the original reunification order
The judge, US District Judge Dana Sabraw, said that the "essence" of the litigation was *not* reunification — it was about whether the government had an unlawful policy. Sabraw said the date of his original order was "arbitrary," and that he could act now to address new info
The judge didn't say when exactly he'd rule, but that he'd try to do it as quickly as possible. For more on this issue, read this from @ambiej: buzzfeednews.com/article/amberj…
