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A federal judge on Wednesday refused the Trump administration’s request to dismiss a lawsuit by the American Civil Liberties Union (ACLU) challenging the practice of separating migrant parents and children at the U.S. border.
U.S. District Judge Dana M. Sabraw in San Diego said in his ruling that the Trump administration’s “wrenching separation” of families might violate the Constitution’s guarantees of due process.
“Such conduct, if true, as it is assumed to be on the present motion, is brutal, offensive, and fails to comport with traditional notions of fair play and decency,” Sabraw wrote. “The facts alleged are sufficient to show the government conduct at issue ‘shocks the conscience’ and violates Plaintiffs’ constitutional right to family integrity.”
The article goes on to state the following:
Sabraw rejected the federal government’s argument that the practice of separating families cannot be challenged on constitutional grounds. He did, however, dismiss a separate challenge to the law that claimed the separation of families violates asylum laws.
The ACLU filed its lawsuit in February after a woman from the Democratic Republic of Congo was separated from her 7-year-old daughter while trying to seek asylum in the U.S. According to the ACLU’s suit, the mother and child were detained separately at facilities 2,000 miles apart.
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