CASE UPDATE: Judge Issues Order Siding with State AGs in Lawsuit Challenging Family Separation Policy

July 20, 2018 | Topic: Rights

AG Shapiro: “The government has a responsibility to reunite these families”¦ and we will hold them accountable until they do.”

HARRISBURG — In a lawsuit filed by  Attorney General Josh Shapiro  and 16 other Attorneys General, challenging the Trump administration’s family separation policy on the U.S. southern border, a federal court judge has issued a strong order granting  expedited discovery and weekly  status updates  to ensure the federal government is providing information  about its policy  in a timely manner.

“The Trump Administration has a responsibility to reunite families that they separated in the first place,” said Attorney General Josh Shapiro. “The administration has now been ordered in federal court to provide detailed information on the status of these families in a timely way. The harm being done to these children must end, and I’m going to keep fighting on these issues to protect and reunite these families.   Congress needs to act.   We need comprehensive immigration reform, but let’s stop using these children as pawns.”

The  order by Judge  Marsha  Pechman  notes that since the federal government has already been ordered to identify, locate and reunite these separated families  in a separate lawsuit,  this  order simply requires those authorities to share that information with the states that filed the lawsuit.  The order  holds  that “the kind of family separations currently being implemented by the Government are proven to cause immediate and extensive psychological harm to both children and parents; the damage is only worsened with the passage of time.”

In another part of her order, the judge noted, “Plaintiffs’ position is that any burden on the Government imposed by this accelerated schedule is “trivial” compared  to the harms being inflicted on the parents and children who are impacted by the current situation. The Court is inclined to agree.”

The lawsuit, filed  in the U.S. District Court for the  Western District of Washington, alleges  the administration’s family separation policy violates the fundamental due process rights of parents to be together with their children, as well as other constitutional and statutory claims.

In Pennsylvania, the federal government  has housed  child immigrants in Pittsburgh  and the Lehigh Valley  as part of  its  familyseparation  policy.  In Pittsburgh, children  are being housed at the Holy Family Institute in  Emsworth, a Catholic social services organization  under contract with the Office of Refugee Resettlement under the Department of Health and Human Services. The children, who are between the ages of four and 17, are from countries including Honduras, Guatemala and El Salvador.

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