The Notice Of Legal Rights Poster, Foot-Dragged By Team Tangerine — For Over A Year — Now Likely Becomes Entirely… Moot.

In the Fall of 2020, the able USDC Judge Dolly Gee asked Sarah Fabian, speaking for Tangerine, how any lawyer could, in good conscience, oppose an order that simply requires the government via ICE, DHS, HHS and BPS to advise people without papers, most of whom have little familiarity with US immigration law (and in many cases, the language itself) what the law provides, as to their rights to hearings and representation, free of charge. Add to this, that in many, many thousands of these cases, these were. . . children.

Sarah Fabian essentially refused to answer. In this and several other ways, in my opinion, she failed her duty as an officer of the court. I’ve detailed here repeatedly before the special federal legal duties that arise when one is serving as government counsel in a child welfare or safety matter. She failed those duties — and failed them, egregiously — in my view.

This morning in Los Angeles, we learn that all of that eleven months of wrangling, by Sarah Fabian, to prevent people from knowing their rights, while in detention. . . is coming to an end. The Biden Administration, as we have detailed, will now help people in these detention centers swiftly transition to alternate housing — either in the US interior, or at a minimum, in unlock facilities — until their hearing dates arrive. The centers essentially become. . . ordinary, and free, dorm style. . . housing. Lawyers skilled in immigration matters will be freely permitted to wander about, and meet with people in need of advice. So all of Ms. Fabian’s sound and fury. . . signified nothing, in the end.

It likely did result in the wrongful deportation of hundreds of people, and it is a certainty that at least some of them were killed on return. That will be her indelible legacy, as a Trump government lawyer. Here’s the latest:

. . .In light of the change in administrations, DHS is in the process of reviewing the manner in which it uses family residential centers (FRCs), and expects that it will make a transition such that the need for a policy tofacilitate the release of class members to individuals other than their parent(s) or legal guardian(s) may become unnecessary.

Defendants expect the transition to be completed in the near future. Defendants have discussed these anticipated changes with Plaintiffs, and have agreed to continue these discussions while the transition is ongoing. Defendants have explained to Plaintiffs that it their position that dissemination of the current version of the Notice of Rights would be premature during this transition. Plaintiffs have agreed to join in Defendants’ extension request for thirty days. . . .

Now you know — onward, in to a brighter, better new day.


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