{"id":603337,"date":"2018-07-16T14:53:03","date_gmt":"2018-07-16T20:53:03","guid":{"rendered":"http:\/\/nmpolitics.net\/index\/?p=603337"},"modified":"2018-07-16T14:55:20","modified_gmt":"2018-07-16T20:55:20","slug":"judge-temporarily-blocks-immediate-deportations-of-reunited-immigrant-families","status":"publish","type":"post","link":"https:\/\/nmpolitics.net\/index\/2018\/07\/judge-temporarily-blocks-immediate-deportations-of-reunited-immigrant-families\/","title":{"rendered":"Judge temporarily blocks immediate deportations of reunited immigrant families"},"content":{"rendered":"<div id=\"attachment_602619\"  class=\"wp-caption module image alignnone\" style=\"max-width: 771px;\"><img loading=\"lazy\" decoding=\"async\" class=\"size-large wp-image-602619\" src=\"http:\/\/nmpolitics.net\/index\/wp-content\/uploads\/2018\/07\/Corpus_reunion_3_ES_TT-771x517.jpg\" alt=\"Mercedes and Maria\" width=\"771\" height=\"517\" srcset=\"https:\/\/nmpolitics.net\/index\/wp-content\/uploads\/2018\/07\/Corpus_reunion_3_ES_TT-771x517.jpg 771w, https:\/\/nmpolitics.net\/index\/wp-content\/uploads\/2018\/07\/Corpus_reunion_3_ES_TT-336x225.jpg 336w, https:\/\/nmpolitics.net\/index\/wp-content\/uploads\/2018\/07\/Corpus_reunion_3_ES_TT-768x515.jpg 768w, https:\/\/nmpolitics.net\/index\/wp-content\/uploads\/2018\/07\/Corpus_reunion_3_ES_TT-1170x784.jpg 1170w, https:\/\/nmpolitics.net\/index\/wp-content\/uploads\/2018\/07\/Corpus_reunion_3_ES_TT.jpg 1250w\" sizes=\"auto, (max-width: 771px) 100vw, 771px\" \/><p class=\"wp-media-credit\">Eddie Seal \/ for The Texas Tribune<\/p><p class=\"wp-caption-text\">Mercedes (right), a Salvadoran asylum seeker, is reunited with her daughter, Maria, in Corpus Christi on Friday.<\/p><\/div>\n<p dir=\"ltr\">Families who were separated crossing the U.S.-Mexico border can&#8217;t be deported immediately after they are reunited \u2014 at least for the next week, a federal judge told the federal government Monday.<\/p>\n<p dir=\"ltr\">That temporary stay came at the request of the American Civil Liberties Union, which successfully took the government to court this year to compel the Trump administration to reunite more than 2,000 immigrant children with their parents. Issued by the same judge who ordered the reunifications, the stay will remain in effect until July 23, and the government has until then to convince the judge not to make a similar order that would stay in place longer.<\/p>\n<aside class=\"module align-left half type-aside\">\n<h3>About this article<\/h3>\n<p>This article originally appeared in\u00a0<a href=\"https:\/\/www.texastribune.org\/2018\/07\/16\/separated-families-deported-immediately-reunificaiton\/\" target=\"_blank\" rel=\"noopener\">The Texas Tribune<\/a>,\u00a0a nonpartisan, nonprofit media organization that informs Texans and engages with them about public policy, politics, government and statewide issues.<\/p>\n<\/aside>\n<p dir=\"ltr\">In a filing Sunday, the ACLU asked U.S. District Judge Dana Sabraw to give parents a week after reunification to allow the parents to make an \u201cinformed, non-coerced decision if they are going to leave their children behind\u201d so that the minors may pursue their own asylum claims. Parents could also choose to bring their children with them when they are deported, but children, whose immigration proceedings are on separate legal tracks from their parents, may have their own arguments for seeking refuge in the United States.<\/p>\n<p dir=\"ltr\">Parents need time to consider their options and gather legal advice, the advocacy group argued.<\/p>\n<p dir=\"ltr\">\u201cParents cannot make such momentous decisions on behalf of their families without knowing what claims their children may have, or even that their children may have independent claims,\u201d lawyers for the ACLU filed.<\/p>\n<p dir=\"ltr\">Sarah Fabian, a lawyer for the Department of Justice, raised the concern that temporarily blocking those deportations could delay the reunification process for families. The judge has given the government until next Thursday to reunify some 2,500 children under 17 who were separated from their parents; federal officials have already partially complied with Sabraw\u2019s order to reunify all children under 5 with their parents by last week.<\/p>\n<p dir=\"ltr\">The government is already facing difficult <a href=\"https:\/\/www.texastribune.org\/2018\/06\/21\/trump-says-hell-prosecute-parents-without-splitting-families-will-be-c\/\" target=\"_blank\" rel=\"noopener\">space constraints<\/a> on where it may legally detain families together; detaining reunited families this week instead of immediately returning them to their home countries could mean less space in those facilities for other family reunifications, Fabian said. The Trump administration has made it clear that it does not want to release migrant families into the country, but legal and logistical challenges leave it few options.<!--more--><\/p>\n<p dir=\"ltr\">The judge said at a San Diego court conference Monday that slowing reunifications is on the basis of facility space is \u201cnot an option.\u201d<\/p>\n<p dir=\"ltr\">\u201cThe government will have to make space,\u201d he told Fabian.<\/p>\n<p dir=\"ltr\">The families in question were separated over the past several months at the southwest border as a result of the Trump administration\u2019s \u201czero tolerance\u201d policy, which sent children into federal custody while their parents were criminally charged for crossing the border illegally. While Trump has since reversed course on that practice, declaring in an executive order last month that families should be kept together at the border, the process of reuniting families who were split apart has been piecemeal and chaotic.<\/p>\n<p dir=\"ltr\">The ACLU argues that while families remain in immigration detention, they have been given insufficient access to legal counsel to navigate the convoluted and increasingly difficult process of seeking asylum in the United States. In court documents, immigration lawyers say they have had few opportunities to advise migrant parents on their legal rights; without fully understanding their rights, attorneys say, those parents could unintentionally hurt their own, and their children\u2019s, chances at asylum.<\/p>\n<p dir=\"ltr\">\u201cI am gravely concerned by the possibility that parents already have or will unknowingly waive away their rights and the rights of their children in their desperation be reunified,\u201d Manoj Govindaiah, the director of family detention services at RAICES, a legal advocacy group working with many separated families.<script src=\"https:\/\/cdn.texastribune.org\/pixel\/dot.min.29c708b3d0da5d17a725.js\" integrity=\"sha384-8Xwf\/TlQnmHiajg1t3dn8w4qlF1rmV33o5NAQVXYu0T2q3rHV5579zrSmRjh+XnM\" crossorigin=\"anonymous\" data-tt-canonical=\"https:\/\/www.texastribune.org\/2018\/07\/16\/separated-families-deported-immediately-reunificaiton\/\"><\/script><\/p>\n","protected":false},"excerpt":{"rendered":"<p>Parents should have time to make an &#8216;informed, non-coerced decision&#8217; about whether they want to leave the country with their children, the ACLU had argued.<\/p>\n","protected":false},"author":1,"featured_media":602619,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[11],"tags":[140,234],"class_list":["post-603337","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-news-and-analysis","tag-border-and-immigration","tag-children"],"_links":{"self":[{"href":"https:\/\/nmpolitics.net\/index\/wp-json\/wp\/v2\/posts\/603337","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/nmpolitics.net\/index\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/nmpolitics.net\/index\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/nmpolitics.net\/index\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/nmpolitics.net\/index\/wp-json\/wp\/v2\/comments?post=603337"}],"version-history":[{"count":0,"href":"https:\/\/nmpolitics.net\/index\/wp-json\/wp\/v2\/posts\/603337\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/nmpolitics.net\/index\/wp-json\/wp\/v2\/media\/602619"}],"wp:attachment":[{"href":"https:\/\/nmpolitics.net\/index\/wp-json\/wp\/v2\/media?parent=603337"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/nmpolitics.net\/index\/wp-json\/wp\/v2\/categories?post=603337"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/nmpolitics.net\/index\/wp-json\/wp\/v2\/tags?post=603337"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}