Federal judge considers plan to reunite separated children and parents within 30 days

“Angel families” who lost loved ones to violence by illegal immigrants attend an event with President Donald Trump in the South Court Auditorium of the White House in Washington, D.C., on Friday.

the injunction request as part of its class-action lawsuit filed on behalf of two women – one who was arrested after crossing the border illegally and one who claimed asylum at the border – who were separated from their children. U.S. District Judge Dana Sabraw earlier this month had decided the lawsuit against the government’s family separation practice could move forward, calling the practice “brutal, offensive” and contrary to “traditional notions of fair play and decency.”

Then, after Trump’s executive order last week, Sabraw ordered a status conference to discuss the effect on the lawsuit. The ACLU requested the injunction then, but Sabraw said he wanted more briefing from both sides before ruling. He set out a briefing schedule for this week, but on Monday asked for expedited deadlines.

The ACLU is asking for the court to order the following: 1) reunify all children with their parents within 30 days, and within 10 days for children under 5 years old, except when the government has clear evidence that the parent is unfit or a danger to the child, or the parent is in a criminal facility that does not house minors; 2) provide parents telephonic contact with their children within seven days; 3) stop

separating children from their parents except when there is clear evidence that the parent is unfit or a danger to the child, or the parent is in a criminal facility that does not house minors; 4) not remove separated parents from the United States without their children, unless the parent affirmatively, knowingly and voluntarily waives the right to reunification before removal.

“Parents who are facing imminent deportation without their separated children are in particularly grave need of immediate relief,” the ACLU’S brief argues.

In its filing, the ACLU included several declarations from attorneys and immigrant advocates who provide specific examples of clients who are awaiting deportation. They said they were given an option to be deported with their children, but after hearing of others who have been deported without their children, they fear the same will happen to them.

The process for parents to find where their separated children are located has also been challenging, Gelernt argues. A hotline number parents can call regularly puts callers on hold for 30-minute periods, a stretch that is “infeasible for detained parents.” Lately, callers have been met with a busy signal.