Thread by @ImmCivilRights

For #DirtyImmigrationLawyers who've listened to the government's arguments in Flores, this oral argument is particularly satisfying: ca9.uscourts.gov/media/view_vid…

Ninth Circuit judges find themselves "mystified" at Ms. Fabian's explanation of the government's interpretation.

"You're really gonna stand up and tell us is that being able to sleep isn't a condition of safe and sanitary conditions." - Judge Berzon, on DOJ's appeal of decisions affecting CBP hold rooms in the #RGV

Also, a bit of news, as these things go, Ms. Fabian told the 9th circuit that while the notice & comment period on the Flores regulations has closed, she's not aware of when the final regs will be promulgated.

So, if you're playing along at home, DHS/DOJ is challenging the district court's finding that the Flores agreement's requirement that kids be held in "safe and sanitary" conditions doesn't necessarily require CBP to make available:
toothbrushes
soap
blankets.

It's SHOCKING

On a human level, Ms. Fabian, as an attorney with a duty of loyalty to her client has an impossible task. She's defending reprehensible conditions that have literally killed people, e.g., Ronal Francisco Romero. And she's got to do it because it's her job.

Doesn't make it right

Clarification: D.Ct. found the Flores agreement DOES require these things. DOJ/DHS is saying to the Court "not necessarily."