Despite the Trump administration having received massive flak in the past for its policies of widespread child separation at the Mexico border; U.S District judge Dana Samraw’s sided with the administration by maintaining that the government was right in its discretion when it separated more than 900 children from their parents at the border under the pretext of protecting them from unfit and criminal parentage.
Sabraw maintained in his 26-page decision that he found no tangible evidence supporting claims that the government was abusing its power. The 26-pager decision read: “It is an invitation that is potentially massive in scope, invades an area that is particularly within the province of the executive branch to secure the nation’s border, and goes beyond this court’s class certification and preliminary injunction orders, which were focused on the administration’s practice of separating families at the border for the purpose of deterring immigration, and failing to reunify those families.”
This statement comes not too long after the judge also reiterated that the administration would have to invest adequate time in resolving parentage disputes through elaborate 90-minute DNA tests—which the government had earlier objected citing “operational concerns.” The decision to go ahead with DNA tests was lauded by the American Civil Liberties Union (ACLU), which sees this move as a partial victory. The union also implicitly mentioned that concentrated efforts to determine the next steps were underway.
“We are evaluating the decision to determine the next steps on how to ensure that children are not separated from their parents based on minor infractions,” said ACLU attorney Lee Gelernt said in a statement to a media outlet. “The court strongly reaffirmed that the Trump administration bears the burden if it attempts to separate families based on an accusation that the adult is not the child’s parent,” Gelernt added.
This decision to support the Trump administration’s previous policies that garner international condemnation comes after Sabraw had previously ruled against the “zero-tolerance” family separation policy, which led to 2,800 children being returned to their families. The judge later also stated that 1,500 children separated earlier in Trump’s presidency had to be returned.
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