Posted June 7, 2018 1:10 PM

Suit challenging immigration authorities separating families OKd

By Elliot Spagat
Associated Press writer

SAN DIEGO — A judge allowed a lawsuit challenging U.S. immigration authorities for separating parents from their children to go forward on Wednesday but said he would decide later whether or not to order a nationwide halt.

U.S. District Judge Dana Sabraw said the lawsuit involving a 7-year-old girl who was separated from her Congolese mother and a 14-year-old boy who was separated from his Brazilian mother could proceed on a claim that their constitutional rights to a fair hearing were denied.

He said he would issue separate rulings on the American Civil Liberties Union’s request for a nationwide injunction and to expand the lawsuit to apply to all parents and children who are split up by border authorities.

Sabraw, an appointee of President George W. Bush, said the allegations “describe government conduct that arbitrarily tears at the sacred bond between parent and child.”

“Such conduct, if true, as it is assumed to be on the present motion, is brutal, offensive and fails to comport with traditional notions of fair play and decency,” he wrote.

Splitting families has emerged as a high-profile and highly controversial practice since Attorney General Jeff Sessions announced a “zero tolerance” policy at the border in early May.

Any adult who enters the country illegally is criminally prosecuted, even if it means separating parents from children.

The zero-tolerance policy has thrust family separation to the forefront of a national divide over illegal immigration. Critics call it cruel and inhumane, while administration officials argue it is an unwanted but necessary step to end what they describe as a border crisis.

The policy targets people with few or no previous offenses for illegally entering the country.

First-time offenders face up to six months in prison, though they often spend only a few days in custody after pleading guilty and exposing themselves to more serious charges if they are caught again.

You May Also Like
Jobs
©2018 by Law Bulletin Media. Content on this site is protected by the copyright laws of the United States. The copyright laws prohibit any copying, redistributing, or retransmitting of any copyright-protected material. The content is NOT WARRANTED as to quality, accuracy or completeness, but is believed to be accurate at the time of compilation. Websites for other organizations are referenced at this site; however, the Law Bulletin does not endorse or imply endorsement as to the content of these websites. By using this site you agree to the Terms, Conditions and Disclaimer. Law Bulletin Media values its customers and has a Privacy Policy for users of this website.