In About Nine Days, Mr. Biden Will Simply Consent To The Relief Requested — And End Most Of This Flores Litigation

This eleven pager may not be the last status report, out of LA, to be sure — but we are nearing the point now where almost everything the advocates for asylum seekers and migrants at the Southern Border ask after, request or demand under existing law. . . will simply be told. . . “Okay, let’s do it the most humane and decent way possible” by ICE, DHS and BP agents, in court — in LA, San Diego and yes even Oakland, and DC. At the heart of Flores, afterall is a nearly 30 year old, long followed (until Baby-T’s four year term) remedial, restorative settlement order.

It will be the end of Sarah Fabian’s pedantic, cramped and often combative readings of clear remedial court orders, of clear appellate rulings, and of clear statutes on point. It may mean the opening of disciplinary proceedings at DC and California bar authorities — for failure to act when she very well knew the welfare of hundreds of very young, unaccompanied children — and, at least six times, not just “ordinary welfare“, but life-threatening conditions existed which led to the deaths of six children in federal custody.

The state and federal laws impose special duties on all lawyers, on both sides, for the welfare of children in matters in court that directly relate to the welfare of those same children. By my lights, at least, having volunteered for over a decade as a child advocate at a federally funded 501(c)(3), under Illinois law Ms. Fabian and several of her deputies could pretty readily be. . . disbarred.

Mr. Biden has said that as quickly as possible, after the 20th, he will order that the parents of all these children be found, and transportation and other accomadations be made — to reunite them all, and release them on personal recognizance bonds, into the interior of our nation, if hearings are still pending. That is a step toward justice. But only a step.

Many, many of these families and sponsors will have substantial claims for damages against the federal government, under Bivens, and its progeny. That will be another step toward justice, that all taxpayers will have to pay, on account of the Tangerine Musolini.

Onward, to brighter — if colder — days.

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