District Court Judge Denounces Forced Child Separation as Brutal and Clear Constitutional Violation

slate ^ | June 06, 2018 | Jeremy Stahl

[sickoflibs]

Over the past month, the Trump administration has begun to implement a policy that has reportedly led to the forced separation of hundreds of undocumented immigrant parents from their children after they’ve arrived together at the U.S. border. This followed reports that a pilot program of such a policy had been undertaken between July and November 2017. Democrats have argued that this apparent practice is cruel, heartless, and betrays our nation’s deepest values. The ACLU, meanwhile, has argued in court on behalf of separated immigrant families that such a practice would be—and is—blatantly unconstitutional.

On Wednesday, Dana Sabraw, a federal district court judge in California, issued a stinging rebuke to the government’s request to dismiss the ACLU’s claim under the due process clause of the Fifth Amendment. He also indicated in his opinion that the government would likely be found to be in violation of the due process rights of these immigrant families. Judge Sabraw resoundingly rejected the argument that the Due Process clause of the Fifth Amendment had not been violated. (Sabraw, a George W. Bush appointee, at the same time accepted the government’s motion to dismiss the ACLU’s statutory grounds arguments.)

[sickoflibs]

Judge ruled that lawsuit against detaining any border crosser who brings a child with them can proceed.

What would be the Remedy?? Let them all loose to roam around the US free if they bring kids with them?

[sickoflibs]

Sound familiar?

[petitfour]

Then putting any parent in jail is unconstitutional?

[mad_as_he$$]

Name one other crime where you get to take your kids with you when you are taken into custody.

[sickoflibs]

RE:"Then putting any parent in jail is unconstitutional?"

Only if they are here illegally. Equal protection only applies to them.

[BobL]

This is how civil wars start.

[a fool in paradise]

Send them home.

[sickoflibs]

RE:”Name one other crime where you get to take your kids with you when you are taken into custody”

Ironically they are being separated because previously a lib judge ruled that the kids couldn't be kept in custody with their parents.... now this judge claims (no ruling yet) that separating them is a violation.

[Alas Babylon!]

Have old school buses ready. Families of caught illegal aliens; La Mamma, El Pappa, and Ninos and Ninas; put on the bus and ICE drives them all to the Mexican border.

Passengers disembark at the border and everyone crosses over.

[sickoflibs]

RE:"Send them home."

Cant, only an immigration judge can do that and they are backlogged

[mad_as_he$$]

Prime example of the dysfunctional legal system at both the level of the law and logic.

[sickoflibs]

RE:”Have old school buses ready. Families of caught illegal aliens; La Mamma, El Pappa, and Ninos and Ninas; put on the bus and ICE drives them all to the Mexican border.”

Cant, only an immigration judge can do that and they are backlogged

[wbarmy]

due process rights of these immigrant families.

I must have missed something, these are not immigrants but illegal border crossers of non-US nationality.

What due process rights, what constitutional rights do they have?

[Wonder Warthog]

"Then putting any parent in jail is unconstitutional?"

LOL. Yes...the courts separate families all the time. Judge is idiot.

[hal ogen]

Yet another nitwit ruling from an overreaching nitwit.

[Liz]

Pres Trump is helping these children.

Some parents have willingly separated from their children, deliberately sending them across the border from faraway places.

…….an explosion of child migrants traveling alone to sneak into the United States, a group government officials and advocates have begun referring to, with alarm, as “the surge.” The number of undocumented children—mostly teens, but some as young as five—apprehended crossing the border without parents or guardians has more than doubled in the past two years, while the number of adults caught at the border increased just 18 percent. …...an explosion of child migrants traveling alone to sneak into the United States, a group government officials and advocates have begun referring to, with alarm, as “the surge.” The number of undocumented children—mostly teens, but some as young as five years old---apprehended crossing the border without parents or guardians has more than doubled in the past two years.....

SOURCE https://www.motherjones.com/politics/2014/06/child-migrants-surge-unaccompanied-central-america/

[Wuli]

Part of the ninth circus.

[Sa-teef]

"Then putting any parent in jail is unconstitutional?"

Used to do emergency foster care where we would pick up the kids on short notice, sometimes at social services and sometimes at the police station. It was tough on the kids; they didn't want to be there but with their parents arrested it was about the only option. Those were American adults arrested on serious charges and you had to find somewhere for the kids right now. Social Services would usually find family or a long term home for them or maybe the parents would be out on bail in a day or two.

Nobody is happy about the situation but when their criminal parents are taken into custody you do what you have to do. If their criminal parents hadn't gotten them into that situation in the first place, the children wouldn't be in that jam.

One more idiot libtard judge making decisions not based on law but his own "feelings". Disgusting.

[Zhang Fei]

Dubya was a nice enough fella. Problem is he has this unerring gift for choosing the wrong people. He picked the wrong guys to lead Afghanistan and Iraq. He also picked the wrong guy to head up FEMA. And it’s clear he picked the wrong guy to become a Federal District Judge here.

[backwoods-engineer]

However, separating white families like Randy Weaver’s, by brain-shooting the mom? Totally Constitutional. I tell you, we are in the last days of this Republic as it existed at the turn of the century.