U.S. District Court Judge Dana Sabraw ordered the federal government on Monday to temporarily halt the practice of deporting reunited families without due process.
The American Civil Liberties Union (ACLU) argued that parents need a week after being reunited with their children before deciding whether they wish to pursue asylum. The organization says the decision “cannot be made until parents not only have had time to fully discuss the ramifications with their children, but also to hear from the child’s advocate or counsel, who can explain to the parent the likelihood of the child ultimately prevailing in his or her own asylum case if left behind in the U.S. (as well as where the child is likely to end up living).”
Judge Sabraw decided to halt deportations for one week, until the Department of Justice (DOJ) files a written response to the ACLU. After that week, the judge will formally rule on the matter. Attorneys for the DOJ opposed the decision.
The federal government was also hesitant to comply with a request from the ACLU to provide a 12 hour notice for family reunifications, so that faith groups can be with the family to provide support when they are released. The Department of Health and Human Services (HHS) complained that that would be too much of a “logistical challenge.”
Judge Sabraw pushed back, saying he is “counting on [HHS] to make that right” and it’s “a matter of common courtesy” for faith groups to know when reunifications are happening so they can be there. In one case, an immigrant mother and her infant were stranded at a bus stop because U.S. Immigration and Customs Enforcement (ICE) didn’t give enough info on her release to legal providers.
According to HHS, 2,551 children between the ages of 5 and 17 are in the care of the Office of Refugee Ressettlement (ORR), the faction of HHS tasked with caring for separated children at the border as well as unaccompanied minors.
The stay against deportations immediately after reunification applies to the 1,609 parents detained by ICE. The DOJ won’t say how many parents have an issue of removal.
MORE NUMBERS from the Trump admin just announced in court. They have not yet said why some parents were not cleared, how many have already been deported, etc. pic.twitter.com/bwkXFJndUe
— Alice Ollstein (@AliceOllstein) July 16, 2018
The federal government also conceded to not knowing where the parents of 71 separated children over the age of 5 are located. The government had previously confirmed that it doesn’t know the location of one parent of a child under the age of 5, bringing the total to 72 parents.