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NEW: two families are suing the Trump administration for harm suffered as a result of #FamilySeparation. Both fathers were forcibly separated from their children for weeks, and both children allegedly suffered abuse while in US govt custody.
According to the filing:
One father APF (Dad1) & his son OPD, 7, were separated between May 15 & 21, 2018 after crossing into Arizona. They claim to be fleeing persecution in Guatemala and sought medical attention for OPD, who'd had surgery when he was 6 for a heart condition.
In filing:
Dad1 says CBP agent who encountered him and his son called them "stupid f***ing animals" and screamed at them. Dad1 says he repeatedly asked for help for his sick son back at the station, "but the agents told him he was not allowed to talk or ask questions."
In filing:
Dad1 says he gave CBP paperwork verifying identity & relationship to son, plus paperwork verifying his son's medical condition. Son's condition worsened. Dad1 says agents ignored his pleas, and only when son nearly choked on his own mucus did they go to hospital.
In filing:
Son diagnosed with respiratory infection, but Dad1 says they were put back into cold cell with other families back at detention center.
In filing:
Dad1 says families were separated one by one, in front of everyone else. 👇🏾
In filing;
Dad1 describes being physically, forcibly separated from his 7-year-old son.
"His son screamed and cried, "Daddy, why are you letting them take me?"
They were separated for more than 50 days.
In filing:
This is how Dad1 describes the moment they were finally reunited. 👇🏾
In filing:
Son says while in foster home (where he would spend nights, as part of deal with government-contracted shelter) other children would climb into his bed and molest him. In his trauma evaluation, he registered at 36 pts.
Context: 15 or higher means "clinical" trauma.
In filing:
Dad1 says son still blames him for separation. Refuses to leave his side. Is now hyper-vigilant and withdrawn. Becomes terrified whenever he sees any adult in uniform.
Filing cites research on toxic stress and separation to explain effects of separation on children. Remember: the US public health official from HHS, Commander White, who led the govt effort to reunify separated families testified that the traumatic effects could be "lifelong."
Cmdr White's warnings to then-HHS official Scott Lloyd and others are cited in the filing. As is American Academy of Pediatrics' warnings to US govt over "additional trauma" of separation for "vulnerable, scared children" - those before the policy ever went into place.
Filing asserts that the US "government intentionally inflicted the severe harm caused by forcible separation on families, like APF and OPD, who crossed the U.S. border. The government did so to deter future immigrants from coming to the United States."
Last line of the filing:
"APF and OPD will carry the harm done to them for the rest of their lives. The government's conduct here is unconscionable, and it cannot be excused in a civilized society."
I've reached out to @DHSgov and @HHSGov for responses.
Thank you to @DHSgov @CBP for a quick response: official says they cannot comment on pending litigation, and refer me to their 31-page "National Standards on Transport, Escort, Detention, and Search" - nationwide CBP standards established in 2015. cbp.gov/sites/default/…
Thank you to @HHSGov for providing the following statement on-the-record in response to my queries about this filing and the claims made by these families👇🏾
An @HHSGov official adds that any and all allegations of sexual abuse are taken extremely seriously, and they require extensive reporting from their shelters. I've heard this from numerous HHS and ORR officials, responsible for the care and custody of migrant children in the US
Every allegation, I'm told, gets reported to ORR, state/local/federal authorities, including HHS hq and the FBI. And parents/legal guardians/sponsors/attorneys are notified.
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