[U] Flores Plaintiffs Have Filed A TRO Motion Against Trump’s Willful Violations, Tonight

Early on Friday morning, June 28, 2019, Trump’s lawyers filed a nearly-specious opposition to the below motion for a TRO, contempt and sanctions. It is. . . entirely lacking in any appreciation for the gravity of the undisputed harms being inflicted upon vulnerable children, day by passing day. None of these Trump lawyers will admit that they are permanently damaging innocent children — but they are. We should hear something shortly from the able Judge Gee, in Los Angeles. End update.

I’ll have more in the morning, but the attorney visits in Texas have now been distilled into evidentiary proof that Trump is intentionally holding children long beyond the agreed transition timelines, and in entirely unlicensed facilities, to boot.

As we know from media reports, most of these facilities’ conditions of confinement. . . shock the conscience, of objectively reasonable people. Here is the 30 page memo of law. An order of contempt against the Trump administration may yet be one of the outcomes. “This Court has already held that these provisions require that Defendants provide soap, showers, toilet access, clean clothing, toothbrushes and toothpaste, edible food in sufficient quantities, clean drinking water, reasonable temperatures and nighttime conditions that allow for sleep. . . .”

“Contempt” is indeed the right and proper order. And a TRO sending in INDEPENDENT monitors, to take over these prisons, and clean them up. . . no matter the cost — these bills are to be footed by these same Trump donor owners.

If that seems like a governmental taking — that is my intent. To explain why, here is just a bit, from one of the lawyers who visited the El Paso private [Trump donor owned and run] for-profit prison:

. . . .[C]onditions at multiple U.S. Customs and Border Patrol (“CBP”) facilities are in non-compliance with the Jan. 17, 1997 Settlement Agreement in Flores v. Reno et al., CV 85-4544 (RJK) (Px) (“Flores Settlement Agreement”) and this Court’s June 27, 2017 Order, Docket No. 363. The non-compliance has created a health crisis that is in need of immediate attention in order to avoid further loss of life. Plaintiffs respectfully submit that ex parte relief is therefore appropriate given that the facts in the Motion and its supporting papers evidence that immediate and irreparable injury will result to Plaintiffs before opposition can be heard. . . .

Class counsel has advised [Trump] Defendants’ counsel of the date and substance of the Application [for TRO and Contempt Order]. [Trump] Defendants oppose the Application. Class counsel discussed with [Trump] Defendants’ counsel deferring the filing of the Application if [Trump] Defendants’ promptly addressed and cured the most serious alleged violations of the Settlement involving the extreme and life-threatening conditions class members are enduring. [Trump] Defendants declined to do so. . . .

Monitors disclosed that class members often remain in CBP detention in the El Paso and RGV sectors for days or weeks, during which time no efforts are undertaken or recorded to reasonably promptly secure their release to a sponsor under Paragraph 14 of the Settlement, nor are they expeditiously placed in a licensed facility as required by Paragraph 19 of the Settlement. Paragraph 12A of the Settlement requires “all minors [shall be placed in facilities licensed for the care of dependent minors] pursuant to Paragraph 19 as expeditiously as possible.” Defendants’ failure to commence and record efforts to promptly release class members to their parents or other sponsors living in the United States, or to expeditiously place them in licensed facilities, has resulted in and continues to result in hundreds of children being incarcerated in facilities never intended to detain children, with entirely inadequate or trained staff to care for the safety and well-being of children. . . .

The declarations of class members also disclose that they are detained in what they call “hieleras,” or “iceboxes,” or in cages, under appalling, overcrowded, and unsanitary conditions which has caused a health crisis for class members and the deaths of several children. The conditions described in class members’ declarations disclose a pattern and practice of neglect and disregard for the health and well-being of class members in CBP’s care and custody. The preventable physical and mental health harms class members are suffering may be long-lasting, or in some cases, permanent. . . . Several class members have recently died in CBP custody. These deaths may have been prevented had CBP substantially complied with the Settlement and promptly transferred children out of its custody. . . .

At the moment I am too angry to say more, in an organized fashion. This is absolutely the slippery slope to running concentration camps: Trump is intentionally violating the federal law of the land.

More mañana. This is. . . deplorable. Court tomorrow; late night prep ahead. Grin.


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