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Status conference in OMG v. Wolf this morning. Case brought by (now) 87 families in ICE family detention. Judge Boasberg recently denied plaintiffs' request for an injunction ordering release for all families in ICE detention.
By my count FRC COVID-19 cases are at 56 (perhaps 55 with 1 false positive) based on filings since Boasberg's order. Plaintiffs cited evidence of spread within facilities (alongside very limited testing except for new arrivals) and continued urgency for those in family detention.
Boasberg asks what has happened since the 7/27 Flores deadline. ICE attorney notes that there has been movement (78 new intakes and 79 releases in the past week) but "I don't know how many of the [recent] releases have been as a result of any activity or orders from Flores."
Plaintiffs' counsel reports that ICE has NOT acted to release those covered by Flores order (requiring release of children held beyond 20 days as of 7/27) and has NOT advised families about release (and feared Hobson's choice of consent to either separation or detention).
Boasberg does not direct the government to update the Court about status of release or family separation. Does note has no power to order government to comply with Judge Gee's orders in Flores.
Plaintiffs indicate they now plan to go forward with more tailored request for release - given Boasberg did not find release for all before trial to be legally-required. Cites families with significant medical issues, those held for hundreds of days, those with kids under 2.
With prodding from Boasberg, Plaintiffs and ICE will now confer so that plaintiffs can secure medical records and basis for detention for each of the 87 families (279 plaintiffs). Then will confer about targeted list of those for whom seeking immediate release.
If parties can't agree on who merits immediate release, and unless things deteriorate sooner, plaintiffs will then file new emergency motion. Court set a status conference for 8/19 to check in on production, negotiations and emergency motion.
