Before the public became aware of the barbaric practice of children being torn out of their mother's arms at the US/ Mexico border the ACLU filed a suit on behalf of a Congolese woman who crossed into the U.S. with her 7-year-old daughter to seek asylum only to then be separated and detained over 1,000 miles apart.
In the suit, filed in February, the ACLU sought a nationwide injunction to stop the government from separating families at the border arguing that it violates the Fifth Amendment’s right to due process.
Faced with the lawsuit Trump ordered his administration to request a dismissal.
It did not work.
On Wednesday a federal judge in San Diego denied the government's request handing a victory to the ACLU and civil rights in general.
U.S. District Judge Dana M. Sabraw ruled against the Trump administration denying their request to dismiss the ACLU's lawsuit.
In the ruling allowing the suit to move forward Sabraw wrote that the practice described in the suit...
“arbitrarily tears at the sacred bond between parent and child. Such conduct, if true... is brutal, offensive, and fails to comport with traditional notions of fair play and decency. The facts alleged are sufficient to show the government conduct at issue ‘shocks the conscience’ and violates Plaintiffs’ constitutional right to family integrity.”
It was in May when Donald Trump had his Attorney General Jeff Sessions announced the new policy in which the administration would increasingly prosecute members of immigrant families who crossed the border illegally even if that meant splitting children from parents, regardless of whether they were seeking safety in the US.
Previously, if the authorities even chose to detain families that crossed illegally together, they generally faced deportation proceedings in civil court. Under the new policy though, all people who cross illegally are referred for prosecution meaning parents get sent to jails run by the U.S. Marshals Service and children are placed in the custody of the Office of Refugee Resettlement.
It is there where the ORR is tasked with finding unaccompanied minors a sponsor to live with. It is there where it was recently reported that the ORR lost 1,500 of those children in a single month and have no idea where they are even today.
If this happened in a third world country Americans would be outraged which makes the present antipathy is astounding and chilling.