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Today, Judge Emmet Sullivan issued a major ruling ordering the Trump admin. to halt its mass expulsions of migrant children who are apprehended by US border agents without their parents.
This COVID policy is unprecedented, for many reasons. A thread. 1/ https://www.cbsnews.com/news/judge-border-agents-covid-19-order-expel-migrant-kids-immigration/
This COVID policy is unprecedented, for many reasons. A thread. 1/ https://www.cbsnews.com/news/judge-border-agents-covid-19-order-expel-migrant-kids-immigration/
Migrant children who set foot on US soil without documents have been afforded legal protections to shield them from trafficking, exploitation and persecution.
A 2008 law requires border officials to quickly transfer non-Mexican unaccompanied minors to the US refugee agency. 2/
A 2008 law requires border officials to quickly transfer non-Mexican unaccompanied minors to the US refugee agency. 2/
The Office of Refugee Resettlement oversees shelters where these children stay in during their deportation cases. They are connected with lawyers & in some instances, with child advocates.
The gov't is required to pursue their release to sponsors, typically family in the US. 3/
The gov't is required to pursue their release to sponsors, typically family in the US. 3/
Unaccompanied minors are protected from expedited deportations and can have their asylum requests reviewed by asylum officers, rather than by immigration judges in an adversarial courtroom setting.
They may also be eligible for visas for abused, neglected or abandoned youth. 4/
They may also be eligible for visas for abused, neglected or abandoned youth. 4/
The Trump admin. has assailed these legal protections, arguing they encourage unauthorized migration of Central American children. Advocates say they are necessary to protect children fleeing violence, danger.
For 4 years, the Trump admin. sought to curtail these safeguards. 5/
For 4 years, the Trump admin. sought to curtail these safeguards. 5/
In March, as COVID-19 spread, CDC Dir. Redfield, citing a 19th century legal authority, gave DHS the power to expel migrants—including children.
No court hearing. No asylum interview. No opportunity to talk to an attorney. Just summary expulsions in the name of public health. 6/
No court hearing. No asylum interview. No opportunity to talk to an attorney. Just summary expulsions in the name of public health. 6/
Tens of thousands of migrants have been expelled to Mexico or their home countries. 9,000 + have been unaccompanied children.
Pres. Trump's top officials have defended the policy, casting it as key in containing Covid-19 & avoiding outbreaks inside DHS facilities. However ... 7/
Pres. Trump's top officials have defended the policy, casting it as key in containing Covid-19 & avoiding outbreaks inside DHS facilities. However ... 7/
The White House & Stephen Miller pressured the CDC to authorize the expulsions, even after experts said there was no public health basis, according to 3 former Trump admin. officials.
"We were forced to do it," a former public health official told me. 8/ https://www.cbsnews.com/news/trump-administration-closed-borders-migrant-children-covid-19/
"We were forced to do it," a former public health official told me. 8/ https://www.cbsnews.com/news/trump-administration-closed-borders-migrant-children-covid-19/
Experts at the CDC's Division of Global Migration and Quarantine — which would have jurisdiction over border measures to contain the virus — refused to be involved in the expulsions order.
So, HHS lawyers wrote it and had Redfield sign it. He has continued to extend it. 9/
So, HHS lawyers wrote it and had Redfield sign it. He has continued to extend it. 9/
In April, 10-year-old Jesús was expelled alone to Honduras, while his mother remained in northern Mexico, waiting for her US asylum court hearing. 10/ https://www.cbsnews.com/news/coronavirus-immigration-migrant-children-protections-border/
Also in April: 13-year-old Gabriela was expelled to El Salvador, where she fled gang threats.
Her mother is in the US, which granted her legal refuge from gangs. 11/ https://www.cbsnews.com/news/13-year-old-daughter-refugee-expelled-trump-new-border-policy/
Her mother is in the US, which granted her legal refuge from gangs. 11/ https://www.cbsnews.com/news/13-year-old-daughter-refugee-expelled-trump-new-border-policy/
In August, 12-year-old Gustavo, a largely non-verbal boy with disabilities, was expelled to Guatemala. His mother remains in Mexico, waiting for her US court hearing. 12/
https://www.cbsnews.com/news/trump-administration-closed-borders-migrant-children-covid-19/
https://www.cbsnews.com/news/trump-administration-closed-borders-migrant-children-covid-19/
Judge Sullivan ruled today that these expulsions were not lawful.
The public health law cited by the Trump admin. does not authorize expulsions nor does it override protections for migrant children, Sullivan ruled, agreeing with 2 other judges who have reviewed the policy. 13/
The public health law cited by the Trump admin. does not authorize expulsions nor does it override protections for migrant children, Sullivan ruled, agreeing with 2 other judges who have reviewed the policy. 13/
Judge Sullivan certified all unaccompanied migrant children who are or will be in US custody as class members in the court case and blocked DHS from expelling them.
The @ACLU's @leegelernt will now represent them in court. He called the expulsions "cruel and unlawful." 14/
The @ACLU's @leegelernt will now represent them in court. He called the expulsions "cruel and unlawful." 14/
Lastly, today's order does not block DHS from continuing to expel migrant adults or families with children.
The incoming Biden admin has pledged to review this policy to ensure migrants can make asylum claims. Will it limit / scrap it? We'll see ...
end. https://www.cbsnews.com/news/biden-immigration-policy-agenda-trump-reversal-deportation-asylum/
The incoming Biden admin has pledged to review this policy to ensure migrants can make asylum claims. Will it limit / scrap it? We'll see ...
end. https://www.cbsnews.com/news/biden-immigration-policy-agenda-trump-reversal-deportation-asylum/
