San Diego judge Dana Sabraw ordered the government to hand out on Monday a list of names of undocumented parents who are in ICE custody whom they must reunite with their children over the age of five.
The Administration Donald Trump will give on Monday a list of parents undocumented immigrants under ICE custody those who must give their children over five years, reunification process that has promised to start today.
During a hearing in a federal court in San Diego, Judge Dana Sabraw ordered the government to deliver the list on Monday as part of the process of the meeting of undocumented parents and children of that age, or more, separated after being detained at the border with Mexico. , a process on which he has asked for “transparency” and has promised to be “vigilant”.
The magistrate asked for the list of undocumented parents who are with the Immigration and Customs Enforcement Service (ICE) , since they would be the first to be reunited with their children, but said that in later days the Government should do the same with the parents in custody of the Department of Justice, who continue their process at liberty or who have already been repatriated.
In a document delivered today in court, the Department of Health and Human Services (HHS) reported that it has identified 2,551 children over 5 years of age separated at the border, although he specified that the figure “is not the number of children who will qualify for being reunified “, because in many cases there is a risk for minors or parents have a criminal record.
The Government indicated that they will begin with this process of reunification today and that they will continue on a continuous basis until next July 26, that is to say within the period set by Judge Sabraw.
Sarah Fabian, attorney for the Department of Justice, said the process will be “different” from that seen with children under five years of age and that the meetings will be held in eight detention centers around the country.
He insisted that submitting a detailed list, as requested by the plaintiffs, could delay the process since it requires resources from personnel from ICE and the Department of Health and Human Services (HHS), who could spend that time in specifying the reunifications.
“They had the resources to separate, to fly each person to several parts of the country, to say today that they do not have the resources to reunify is crazy,” the ACLU lawyer, Bardis Vakili, responded at the end of the hearing.
Sabraw, who sees the class action lawsuit filed by the American Civil Liberties Union (ACLU) for the separation of immigrant families, gave the government at the end of June a period of 14 days to reunite with their parents children under 5, who it expired last Tuesday, and 30 days for those over that age, which is July 26.
The federal administration failed to deliver the 103 immigrant children under the age of five within the first term. Of that total, 58 were reunified with their parents and the remaining 45 were considered “ineligible” to be returned since the parents had criminal records or in some cases had already been deported.
According to the document filed today in court, both HHS and the Department of Homeland Security have a plan to meet the reunifications of children over the age of five.
According to him, once the father has passed a first screening filter and arrives at the detention center, he will seek verbal confirmation of the relationship and if he wishes to meet with the child. If so, it would be transferred to the place where the child is in a period not greater than 48 hours.
In order to carry out the reunification, it will be taken into account that the father has no criminal record and that HHS has no doubt about the kinship or well-being of the minor.
To expedite the process and prevent the Government from breaking the deadline imposed by the court, the judge had requested that all paternity tests or background checks be conducted before July 19.
According to the court document, the government agrees not to perform DNA tests in all cases, although HHS expressed concern that by simplifying the process it increases the risk of placing children in an abusive environment or with a person who Does not be your family member.
At today’s hearing, the judge acknowledged the Administration’s efforts to reunify families in the case of children under 5, but called for the process to be “transparent.”
“Someone is making decisions about who will be reunited, at what time and where that information can be communicated, there should be no mystery about it,” said the magistrate, who considered that such notice should be granted “by common sense” and ” courtesy”.
ACLU lawyers insisted that, contrary to what happened with the first group of children under the age of five, they need to be notified about the meeting place at least 12 hours in advance to anticipate the needs of each family.
Lee Gelernt, the ACLU lawyer, criticized that in that first phase there were occasions when parents were not notified of reunification.
During the hearing, the ACLU suggestion that the government provides “emotional therapy” to children under five in compensation for non-compliance with the deadline was not addressed.
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