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Re: Separation of parents from children unconstitutional

By: Cactus Flower in ALEA | Recommend this post (0)
Fri, 08 Jun 18 1:03 AM | 62 view(s)
Boardmark this board | The Trust Matrix 		Msg. 25518 of 54959
(This msg. is a reply to 25517 by Cactus Flower)
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"For Plaintiffs, the government actors responsible for the “care and custody” of migrant children have, in fact, become their persecutors. … These allegations sufficiently describe government conduct that arbitrarily tears at the sacred bond between parent and child, and is emblematic of the “exercise of power without any reasonable justification in the service of an otherwise legitimate governmental objective[.]” 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. At a minimum, the facts alleged are sufficient to show the government conduct at issue “shocks the conscience” and violates Plaintiffs’ constitutional right to family integrity. Accordingly, Defendants’ motion to dismiss Plaintiffs’ due process claim is denied." - The Judge

Nice that some Republicans care about children, when others just pretend.

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The above is a reply to the following message:
Separation of parents from children unconstitutional
By: Cactus Flower in ALEA
Fri, 08 Jun 18 1:00 AM 		Msg. 25517 of 54959

"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

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