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The sentence, from a federal court in San Diego, imposes a term of 14 days for children under 5 years of age. However, it can still be appealed by the administration.
A US federal judge ruled on Tuesday (06.26.2018) that US immigration agents can not separate immigrant parents and children who are detained by crossing the Mexican border illegally and that they must work to reunite families that are still separated in Mexico. the term of 30 days (14 days if the children are under 5 years). The judge of the District Court of the United States in San Diego, Dana Sabraw, gave the reason thus to the plaintiff United States Civil Liberties Union (ACLU) in a preliminary court order.
“The facts put before the court describe government responses to address a chaotic circumstance that the government itself had created,” Sabraw wrote. “A measured and orderly government action is fundamental to the due process enshrined in our Constitution,” he continues. Sabraw’s ruling could force the administration to quickly address the confusion left by Trump’s order and government agencies to try to reunite families (about two thousand children are still separated from their parents), although the administration can still appeal.
The ACLU lawsuit was in the name of a mother and her 6-year-old daughter, who were separated after arriving in the United States last November to seek asylum and escape religious persecution in the Democratic Republic of the Congo. And also, of a child under 14 separated from his Brazilian mother. The ACLU is also carrying out class action lawsuits on behalf of other immigrants.
Another lawsuit, also filed this Tuesday by seventeen states of the United States and Washington, argues that the separation of minors violates the constitutional rights of immigrants and the US legislation in this regard. The suit was filed despite Trump’s executive order last week, which stopped the practice of separating immigrant families.