Amici’s 120 Plus Page Brief, Now On File — In Flores: Children, Being Tortured, In Our Name…

I am running out of words, for the depravity embodied in Team Trump’s litigation positions, as they relate to defenseless. . . children. Children guilty (at most) of a misdemeanor (like jay-walking) — by crossing with their parent or guardian, without papers.

Here’s a bit, of the 120 page filing:

. . . .More specifically, Defendants assert a Class Member’s refusal to separate from their parents creates a valid justification for detention under the Agreement. It does not. Class Members did not negotiate an Agreement that requires them to choose between freedom from harmful detention conditions and family unity; Class Members negotiated a legally binding contract that provides them with the right to be with their parents in the first instance and the right to be released from detention. FSA ¶¶ 11, 19. The maintenance of family unity of Class Members, who are minors, and their parents, cannot be deemed a “waiver” of their right to release under the Agreement. . . .

The CDC specifically lists asthma, respiratory conditions, and high blood pressure among conditions that might increase the risk for severe illness from COVID-19 for individuals of all ages, and also advises that children who have “medical complexity, who have neurologic, genetic, metabolic conditions, or who have congenital heart disease” are at an increased risk for “severe illness from COVID-19 compared to other children.”

Among those detained beyond twenty days with risk factors and vulnerabilities are a number of children under the age of two, a three-month-old infant, a child suffering from chronic bronchitis, a one-year-old who suffered from neonatal asphyxia, children with asthma, children with viral stomatitis, and children with heart murmurs. . . .

Unfathomable. These are the cases Sarah Fabian says her client, the US government — is now refusing any more meet and confer sessions, on. Yes, Judge Gee will now sanction the defendants — and possibly Sarah Fabian, personally — its lawyer in this matter.


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