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Trump's Force Child Separation Policy in Legal Quick Sand,

Discussion in 'BBS Hangout: Debate & Discussion' started by adoo, Jun 19, 2018.

  1. adoo

    adoo Member

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    Trump's Force Child Separation Policy in Legal Quick Sand, just like his Executive Order on Travel Ban


    Conservative Federal Judge Denounces Trump’s Forced Child Separation as “Brutal”
    and Clear Constitutional Violation



    https://slate.com/news-and-politics...ld-separations-would-be-unconstitutional.html


    A pilot program of such a (forced child separation) policy had been undertaken between July and November 2017. The ACLU has argued in court on behalf of separated immigrant families from that pilot program that such a practice would be—and is—blatantly unconstitutional.


    On Wednesday, 5 June 2018, Dana Sabraw, a federal district court judge in California, a George W. Bush appointee, issued a stinging rebuke to the government’s request to dismiss the ACLU’s claim under the due process clause of the Fifth Amendment. He also indicated in his opinion that the government would likely be found to be in violation of the due process rights of these immigrant families.

    The judge noted in his ruling that he had not yet determined whether a nationwide practice of separating families at the border in order to deter undocumented immigration had been put into effect. But he clearly found that such a policy would be a betrayal of our Constitution.

    The government has contended in court that such a policy does not exist,

    but Chief of Staff John Kelly has stated that such a policy was meant for “as a deterrent” and

    Attorney General Jeff Sessions has stated “If you don’t want your child separated, then don’t bring them across the border illegally.”​

    right now, there are hundreds, if not thousands of similarly situated families. As far as this judge is concerned they may have their day in court. Depending on how Judge Sabraw rules on the outstanding questions, they are also now poised to get relief from what he has deemed to apparently be a blatant and “brutal” constitutional violation.
     
    Amiga likes this.
  2. crash5179

    crash5179 Member

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    No hate for Chuck Schumer and the Democrats for rejecting legislation to end the family separation law placed in effect during the last administration?

    Senate Minority Leader Chuck Schumer (D-NY) rejected a GOP legislative proposal on Tuesday that would fix the border separation issue that has consumed the national news cycle over the last week.

    "There are so many obstacles to legislation and when the president can do it with his own pen, it makes no sense," Schumer said, according to The Hill. "Legislation is not the way to go here when it’s so easy for the president to sign it."
     
  3. crash5179

    crash5179 Member

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    [​IMG]

    Here is a pic from 2014, blaming Trump for this feels disingenuous at best.
     
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  4. WNBA

    WNBA Member

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    [​IMG]

    I suggest they delete this photo. very un-Trump.
     
    Wattafan likes this.
  5. crash5179

    crash5179 Member

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    I prefer facts. Show them all and remember it was a ruling by the ninth circuit court that made seperating the children from their parents mandatory, not Trump. Also remember that the Republicans proposed legislation to fix this issue but Chuck Schumer and the Democrats rejected that legislation for political reasons.

    [​IMG]
     
    Wattafan likes this.
  6. B-Bob

    B-Bob "94-year-old self-described dreamer"
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    @crash5179, when did you exactly transform into such a Fox-fed shill?
    You've had your multi-post say that Schumer is to blame for everything. Now, give it a rest.

    Your party (I'm assuming at this point you're diehard GOP, or you act like it) controls all branches of government and doesn't freaking need Schumer to do anything it damn well pleases.

    Blaming the minority party is so 1932.
     
    Manny Ramirez and JayGoogle like this.
  7. Sweet Lou 4 2

    Sweet Lou 4 2 Member

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    Man Trump and Company really trying to spin the blame on Dems way too hard. I think only the Trump boobs are buying this, Sadly that's 40% of the country
     
  8. JayGoogle

    JayGoogle Member

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    So odd to see Dems get the blame when the GOP has been governing completely without them for a while now.

    The Democratic party wishes they had the power that Trump says they do.
     
  9. crash5179

    crash5179 Member

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    More pics from 2014

     
  10. DonnyMost

    DonnyMost Member
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    False.

    https://www.snopes.com/fact-check/w...utm_medium=facebook&utm_campaign=sumome_share

    Also, think about what you just said. Trump and his DOJ start doing something massively awful, so it becomes the democrats' responsibility to capitulate to any legislation put forward that would stop the awfulness? Yeah, no. That's basically political terrorism.
     
    dobro1229 and conquistador#11 like this.
  11. DonnyMost

    DonnyMost Member
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    Five seconds and google image search tells a lot more about these photos.

    https://www.usatoday.com/story/news/nation/2014/06/18/immigrant-children-detention-centers/10798643/

    https://www.azcentral.com/story/new...mmigrant-children-holding-area-tour/10780449/

    These are unaccompanied minors who were discovered crossing the border.

    No parents/families present at time of discovery/apprehension.

    Also, the DHS is attempting to reconnect these kids with their families and letting them go as soon as they do.

    So yeah, these kids are found alone wandering through the Arizona desert or Rio Grande Valley and taken to a shelter to get food, water, clothing, medical care, and to be reunited with their families.

    This is not remotely comparable to what is going on now.
     
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  12. conquistador#11

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    It's no coincidence that images of the little girls have not circulated or that they won't allow any senator into the facility.
    They want to administrate the terror without being held accountable so they deflect blame. Normal tactics in Fascists/Communists regimes. At least Creepy Miller takes it all in and proudly cherishes it. No double speak from him. Eventually they will be held accountable, in this life or awaiting purgatory.
     
  13. dobro1229

    dobro1229 Member

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    Blaming Democrats with no control of the House, Senate, and the White House is like blaming the Republicans in 2009 (who had no legislative control at the time) for the Obama Stimulus package.

    That’s how a$& backwards this attempt to blame democrats for a law dating back to the Bush era which was created with the child’s well being in mind at the time, that is being used as a legal loophole for a policy change announced verbally and written publicly by DHS, the attorney General, and the White House Chief of Staff.

    Sadly though, the Trump cult (as evidenced here in this thread) are so willing to follow like drunken sheep that they’ll scapegoat anyone for anything to seek Trumps political and societal agenda of racial grievance and hatred for the other.
     
  14. Manny Ramirez

    Manny Ramirez The Music Man

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    Wow it is like crash5179 works for Kirstjen Nielsen... Well there is always his posts in the GARM which are pretty good, by the way...sigh.
     
  15. adoo

    adoo Member

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    in 2017,

    the Trump admin piloted the Force Child Policy at the Southern US border, spearheaded by the American Nazi with Jewish heritage, Stephen Miller [​IMG]

    in 2018
    In OCt 2023,

    The Biden Administration Is Still Looking For Migrant Families Separated Under Trump

    On Monday, the Biden administration reached a settlement in a lawsuit brought on behalf of families separated at the US-Mexico border due to Donald Trump’s so-called “zero-tolerance” policy,
    under which immigration agents removed thousands of migrant children from their parents.



    Under the settlement, which is expected to be approved by US District Judge Dana Sabraw, the Biden administration has agreed to press on with its reunification efforts, however challenging the task may be.
    But the unfinished work is a clear reminder that, for many, the nightmare of family separation never ended.
     
    #15 adoo, Oct 18, 2023
    Last edited: Oct 18, 2023
    ROCKSS likes this.
  16. FranchiseBlade

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    Holy crap. That is just awful. I'm glad there was a follow up on this. How horrible to have been forcibly separated from one's family and still not being able to find them more than half a decade later.
     
    ROCKSS likes this.
  17. Amiga

    Amiga Member

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    This is an example of the Government doing stupid things. It was not just morally wrong to treat kids this way; it was also legally wrong.


    Office of Public Affairs | U.S. Government Reaches Settlement in Class Action Family Separation Case Seeking Injunctive Relief | United States Department of Justice

    On Oct. 16, the United States reached a settlement in Ms. L., et al. v. ICE, et al., a class action litigation filed in 2018 seeking injunctive relief relating to the separation of parents and children at the southwest border. The proposed settlement agreement is subject to final approval by the district court after notice to the class and an opportunity to object.

    “The practice of separating families at the southwest border was shameful,” said Attorney General Merrick B. Garland. “This agreement will facilitate the reunification of separated families and provide them with critical services to aid in their recovery. I am grateful to Associate Attorney General Vanita Gupta and the Department’s Civil Division for their work on this matter.”

    Under the proposed settlement, new standards will be established to limit family separations in the future. The settlement provides for continued family reunifications, immigration relief, and certain support services for separated families, including behavioral health services, targeted legal support related to immigration claims, limited housing assistance, and certain medical coverage. The settlement does not involve the payment of monetary damages. Those who believe they are class members may submit claims of class membership to the Family Reunification Task Force through the Together.gov website.

    “The separation of families at our southern border was a betrayal of our nation’s values,” said Associate Attorney General Vanita Gupta. “By providing services to these families and implementing polices to prevent future separations, today’s agreement addresses the impacts of those separations and helps ensure that nothing like this happens again.”

    On Feb. 26, 2018, a plaintiff identified as “Ms. L” filed a complaint in the Southern District of California alleging she had been unlawfully separated from her child. The American Civil Liberties Union (ACLU) later filed an amended complaint to add class action claims contending that the separation of putative class member parents from their children violated procedural and substantive due process, as well as the asylum statute. On June 26, 2018, the district court certified a class of separated parents and issued a preliminary injunction prohibiting future separations except in certain specified circumstances. The court also required the reunification of families previously separated.

    Since that time, the Justice Department, the Department of Homeland Security (DHS), and the Department of Health and Human Services (HHS) have worked with plaintiffs to identify class members and their children, developed plans for reunification, and reunified class members with their children. On Jan. 26, 2021, the Justice Department rescinded the Department’s 2018 zero-tolerance policy for offenses under 8 U.S.C. § 1325(a). In Feb. 2021, President Biden issued an Executive Order establishing the Interagency Task Force on the Reunification of Families, comprised of representatives from various federal agencies, including the Justice Department, DHS, and HHS. The parties have worked extensively to reunify families in accordance with the Executive Order and subsequent orders from the district court. The task force has searched through thousands of government records to identify separated families and has thus far reunited more than 750 children with their families and has identified 85 additional children who are currently in the process of being reunited with their families. The task force has also identified more than 290 U.S. citizen children who were separated from their parents during the relevant time frame, is working to confirm that they have been reunified with their families, and will offer them services to support their reunification.

    Director William C. Peachey, Assistant Director William C. Silvis, Senior Litigation Counsel Sarah B. Fabian, and Trial Attorney Fizza Batool, all of the Civil Division’s Office of Immigration Litigation, are handling the case.

    Fact Sheet

    Motion for Settlement

    Settlement
    Updated October 16, 2023
     
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