TRO [Mostly] Granted — On A Saturday Night. Victory For… Humanity, From Judge Gee — In Flores.

I honestly don’t know how these people sleep at night.

Some of these kids have been in custody for more than seven months — without any articulated justification — in the face of a prior order requiring very prompt release — and in no event more than 30 days without detailed written explanations. And. . . none were so provided. What on Earth is wrong with these people?

Here it is in full [a 13 page PDF order and opinion]. Next date is April 10, for preliminary injunction hearings:

. . . .For the reasons stated below, the Court finds that Plaintiffs have shown serious questions as to the merits of their claim that ICE has breached the FSA with regard to the provision of safe and sanitary conditions and appropriate medical care and living accommodations in the context of the COVID-19 outbreak. The Court further finds that Plaintiffs have a strong likelihood of succeeding on their claim that both ICE and ORR have breached the FSA in their failure to release minors to suitable custodians in a prompt manner and to record their continuous efforts towards minors’ release. . . .

Because COVID-19 poses unprecedented threats to the safety of Class Members and all who come in contact with them, including ORR and ICE staff, healthcare providers, and local populations, the Court finds that any unexplained delay in releasing a child in ORR and ICE custody violates of Paragraphs 14 and 18 of the FSA, which require the agencies to release Class Members in their custody without unnecessary delay and make and record efforts to release the Class Members. This finding is bolstered by the Court’s longstanding orders construing and mandating compliance with paragraphs 14 and 18 due to past violations. See July 24, 2015 Order [Doc. # 177]; June 27, 2017 Order [Doc. # 363]; July 30, 2018 Order [Doc. # 470]. Accordingly, Plaintiffs have established a strong likelihood of success as to the merits of this part of their claim. . . .

Defendants are hereby ORDERED to SHOW CAUSE by April 10, 2020 at 10:00 a.m. why a preliminary injunction should not issue (1) requiring Defendants to make and record continuous efforts to release class members; (2) enjoining Defendants from keeping minors who have suitable custodians in congregate custody due to ORR’s unexplained failure to promptly release these minors to suitable sponsors under the TVPRA; and (3) enjoining Defendants from keeping minors who have suitable custodians in congregate custody due to ICE’s unexplained failure to release these minors within 20 days, especially given the emergent circumstances and the Court’s prior orders requiring the same (see, e.g., July 24, 2015 Order [Doc. # 177], June 27, 2017 Order [Doc. # 363], July 9, 2018 Order [Doc. # 455], July 30, 2018 Order [Doc. # 470]). . . .

ORR and ICE shall make every effort to promptly and safely release Class Members in accordance with Paragraphs 14 and 18 of the FSA and the Court’s prior orders (see, e.g., July 24, 2015 Order [Doc. # 177], June 27, 2017 Order [Doc. # 363], July 9, 2018 Order [Doc. # 455], July 30, 2018 Order [Doc. # 470]). . . .

We must vote this lawless dictator, and his henchmen out. Vote vote vote. This is posted on a night after Trump said he would withold federal COVID related emergency aid from Michigan — to spite the Democratic woman Governor there. Insane. We the people must not allow this to persist.

Vote.

नमस्ते

One Response

  1. Might have been… you, at 7:37 am — once while I was writing the next post? Smile….

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