Holding the Trump Administration Accountable for Missing Deadlines to Reunify Families

During the last hearing in the ACLU’s family separation case on July 10, Judge Dana Sabrow asked the ACLU for suggestions as to what the court should do should the government fail to comply with the court-imposed deadlines to reunite the children with their parents.

As has now been widely reported, and as we made clear in our brief to the court on Thursday evening, the government failed to heed the court’s deadlines. It reunited 58 of the 103 children under five who were separated from their parents, but not by the July 10 deadline – the vast majority or reunifications took place on July 11. The government claimed that 33 parents were ineligible to get their children back because they were in criminal custody, had criminal histories, may have abused their children, had communicable diseases or were not actually the parents – but it did not provide any specific information about most of those 33 parents, leaving us unable to verify whether or not the parents are truly ineligible.

In addition, the government failed to address the plight of the 12 parents who were deported without their children, and did not provide us with specific time and place for each unification as they were ordered to so that the ACLU could arrange for non-governmental organizations to assist the families  and verify that reunification did in fact take place.

As egregious as the government foot-dragging and non-compliance has been, the ACLU is focused on the welfare of the families first and foremost. There are still more than 2,000 kids who remain separated from their parents. Our interest is in reuniting these children with their families as quickly as possible, and making sure that these families are able to get the services they need. The deadline for reuniting the rest of the children is July 26. Towards that end, we have requested that Judge Sabraw hold regular status conferences and exercise judicial oversight to implement the following remedies:

  • That the government provide detailed reasons why any parent cannot be reunified with her child, including information on criminal convictions or charges, allegations of abuse or reasons why parentage could not be verified.
  • That the government provide a complete list of the children who remain separated from their parents – both those under five and those older than five – along with their parents’ names by July 16.
  • That the government complete all parentage verifications and background checks by July 19.
  • That the government provide the ACLU as well as parents’ immigration lawyers with at least 24 hours notice of the time, place and location of the reunification, and that lawyers be given access to the reunification site.
  • That if, for any reason, parents are reunited with their children in detention facilities, that immigration attorneys be given proper access to the families.
  • And that the government establish a fund to pay for professional mental health counseling to treat children suffering from severe trauma as a result of being separated from their parents. 

A status conference will be held in the case on Friday, July 13, and our hope is that the court will hold the government to account. 

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Fionaroedl@gmail.com

Administration also needs to pay for ALL flights to reunite parents and children. That can not be the burden of these parents when our incompetent administration sent children as far away as MY. Where are they supposed to come up with the cost of airfare?

Dr. Timothy Leary

",,,pay for ALL Flights ..." that's my tax dollars you're talking about Fionaroedl.

Anonymous

Agreed...they certainly could afford to waste enough money sending them all over the country!

Susan

Yes, the govt spent money to ship them all over the US they can pay to get them back to their parents.

Anonymous

The Government should also BRING BACK those 12 parents who were deported without their children; then the Government should APOLOGIZE for having deported them without their children; and then they should all be GRANTED ASSYLUM, TOGETHER WITH THEIR CHILDREN.

This would 1. reunite parents with their children, and it would SERVE AS A DETERRANCE TO THE GOVERNMENT NOT TO EVER DO SUCH A CRIME AGAINST HUMANITY again.

Anonymous

You don't even know why they were deported? What if some of them committed some really nasty crimes or is high up in a cartel?

Anonymous

Are you one of those free loaders

Anonymous citizen

What are the consequences for not completing the judge’s order? Who will be held legally responsible? Who will enforce the failure ro reunify rhese families?

Anonymous

There are no consequences. Trump did not break the law and, over a quarter of the parents have serious criminal backgrounds and atleast 5 kids weren't related to the adults claiming to be their parents. If the next batch yeilds the same results it more than justifies doing away with catch-and-release.

Edwin Shanley-B...

ACLU Attorneys, Staff and Supporters - Thank you. Your efforts to address our government's inconceivable actions restore my faith that the United States is really the best country in the world. Although sometimes our country trips and falls, we as a country... as people... will get up again and do better. Thank you.

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