"Over the past month, the Trump administration has begun to implement a policy that has reportedly led to the forced separation of hundreds of undocumented immigrant parents from their children after they’ve arrived together at the U.S. border. This followed reports that a pilot program of such a policy had been undertaken between July and November 2017. Democrats have argued that this apparent practice is cruel, heartless, and betrays our nation’s deepest values. The ACLU, meanwhile, has argued in court on behalf of separated immigrant families that such a practice would be—and is—blatantly unconstitutional.
On Wednesday, Dana Sabraw, a federal district court judge in California, 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. Judge Sabraw resoundingly rejected the argument that the Due Process clause of the Fifth Amendment had not been violated. (Sabraw, a George W. Bush appointee, at the same time accepted the government’s motion to dismiss the ACLU’s statutory grounds arguments.)"
https://slate.com/news-and-politics/2018/06/district-court-judge-rules-that-trump-administration-child-separations-would-be-unconstitutional.html?via=gdpr-consent