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I'm listening in on the "family separation" Ms. L litigation status conference in federal court in San Diego. Earlier this week, attorneys announced that they've been unable to find the parents of 545 children who were separated from their families at the border. @KPBSnews
Some of these 545 children are from the expanded class of plaintiffs that were part of the "pilot" separation program first used in mid-2017. Almost a year before the implementation of "zero tolerance" across the entire southern border, which kicked off a national furor.
- The Gov't says it believes that 359 of the 545 missing parents have been removed from the US.
- 47 additional parents have been found in the last few weeks by Justice in Motion, since it restarted its efforts after a pause because of pandemic lockdowns.
- 47 additional parents have been found in the last few weeks by Justice in Motion, since it restarted its efforts after a pause because of pandemic lockdowns.
- These efforts have been done by telephone and in-person. "They're doing what they can, given the circumstances." These include villages being closed to them because of positive COVID cases. Justice in Motion plans on ramping up efforts in the coming weeks.
- Judge Sabraw reflects that as time went on with the first class, the steering committee was very effective in finding families. This expanded class has proven more difficult in locating parents, and would like to see gov't working together with people searching for parents.
- Another issue that's been identified by the steering committee report, is that the US Marshals (& DOJ & BOP) have not been cooperating fully with finding parents. These are parents who have been charged federally (either 1325/26, etc.).
- The parent would have to affirmatively contact HHS from DOJ custody to try to find their child. Post-sentencing however, most parents would no longer have legal representation and might not know to reach out.
- DOJ counters that an existing infrastructure exists to find these parents in their custody, outside of this litigation. This would be the BOP's inmate locator.
- Sabraw seems skeptical of this reasoning, however. Would like to see this process streamlined.
- Sabraw seems skeptical of this reasoning, however. Would like to see this process streamlined.
- Sabraw tells DOJ and ACLU counsel to continue to confer on this before he would issue an order.
"It seems to me that the preliminary injunction provides and directs all the various parties to come up with a system of communication, including DOJ."
"It seems to me that the preliminary injunction provides and directs all the various parties to come up with a system of communication, including DOJ."
- Now, a discussion about fixing notifications for children whose parents do or do not wish to reunify. Advocate for the children says this should be addressed, while DOJ pushes back once again, saying it's not that "simple," and involves privacy concerns.
- Sabraw, in his usual stance, tells the parties to "meet and confer" on this issue.
And that's it -- sets another status conference for Friday, Dec. 4th. We'll see how these numbers change during the next couple of weeks as efforts to find parents ramp back up.
And that's it -- sets another status conference for Friday, Dec. 4th. We'll see how these numbers change during the next couple of weeks as efforts to find parents ramp back up.
