Houston Chronicle

Harlly Borjas

Court order allows government a month to complete process

- By Lomi Kriel and Susan Carroll

BROWNSVILL­E — The Trump administra­tion is staring down a rapidly approachin­g, court-ordered deadline to reunite parents and children separated at the border after a federal judge excoriated the government for failing to keep track of them as well as it does “property.”

Department of Homeland Security officials were mum Wednesday about the sternly worded ruling by U.S. District Court Judge Dana Sabraw in California.

The order requires the government to put separated parents in touch with an estimated 2,000 children within 10 days, and reunify children under 5 with their parents within two weeks. All of the families must be reunited within a month, according to the ruling. The judge also said the government could not deport any parents without children absent a waiver.

Sabraw wrote that the government’s so-called zero-tolerance system did not account for children with “the same efficiency and accuracy as property.”

“We hope the administra­tion will comply,” said Lee Gelernt, the lead lawyer for the ACLU in the class-action lawsuit against the government filed on behalf of children separated from their parents at the border. The two lead plaintiffs were mothers from Congo and Brazil who were detained and separated from their children for months.

“These children are in serious danger of becoming irreparabl­y harmed for the rest of their lives,” Gelernt said. “We can have all of the arguments we want going forward, but on this one thing, the administra­tion ought to say were are going to do what is right for these children.”

Asked about the injunction, President Donald Trump offered no complaint, saying, “We believe the families should be together also, so there’s not a lot to fight.”

‘Humanitari­an disaster’

At a Senate hearing Tuesday, Health and Human Services Secretary Alex Azar said the government must vet people before releasing children to them, which can take weeks.

HHS’ Office of Refugee Resettleme­nt is taking an average of 57 days to place children in its care with adult sponsors — far longer than the time allotted by the judge. A spokesman for the agency said he did not have an updated number of the children who had been reunited as of Wednesday.

HHS referred questions Wednesday to the Justice Department, which in turn said it was up to Congress to deal with the border situation.

“Last night’s court decision makes it even more imperative that Congress finally act to give federal law enforcemen­t the ability to simultaneo­usly enforce the law and keep families together,” the department said in a statement. “Without this action by Congress, lawlessnes­s at the border will continue.”

DHS officials did not respond to questions about the lawsuit.

Geoffrey Hoffman, director of the Immigratio­n Clinic at the University of Houston Law Center, called the judge’s ruling “very significan­t.”

“This is a humanitari­an disaster that needs to be put right,” Hoffman said.

Amid massive backlash, Trump issued an executive order this month ending the policy of separating families.

But attorneys for some of the parents whose children were placed in ORR custody reported they could not locate the children, even after calling a government hotline designed to help.

Determined migrants

Carlos Garcia, a McAllen lawyer on the board of directors for the Texas Civil Rights Project, said he interviewe­d eight separated parents in the Port Isabel Detention Center on Tuesday. One mother from Honduras has gone weeks without knowing where her 6-year-old daughter is.

“She’s been crying a lot, and it’s hard for her to sleep,” he said.

She told Garcia that she fled Honduras after gang members killed some of her relatives and threatened her as well. She was prosecuted for crossing the border illegally after Border Patrol agents arrested her this month, placing her daughter in a federal foster care shelter.

Garcia said he hoped the Department of Homeland Security would release separated parents so they could begin finding their children themselves.

“The government is slammed with reunificat­ion because they were not prepared,” Garcia said.

Garcia’s civil rights organizati­on has filed an internatio­nal complaint over the practice of separating families.

Anthony Romero, the executive director of the ACLU, said if the government seeks a stay or appeals to a higher court, it “would make it clear that the government is just dragging its feet on a humanitari­an crisis.”

If the government fails to comply with the order, he added, the ACLU will notify the judge.

As confusion over the immediate fate of parents and children trickled out to migrants waiting on the Brownsvill­e & Matamoros Express Internatio­nal Bridge, several asylum seekers said they were not deterred.

Isabel Flores fled Honduras after the tumultuous presidenti­al elections last November threw her country into a political crisis and she faced death threats. She had been waiting on the bridge all day and planned to sleep there as she waited to ask for asylum along with her children and grandchild­ren.

“No matter what happens, President Trump’s not going to keep my kids,” she said wearily. “My kids are mine; they’re not his. I have faith.”

 ?? Mark Mulligan / Houston Chronicle ?? peers down at the Rio Grande from the Brownsvill­e & Matamoros Express Internatio­nal Bridge. Several asylum-seekers say they’re undeterred.
Mark Mulligan / Houston Chronicle peers down at the Rio Grande from the Brownsvill­e & Matamoros Express Internatio­nal Bridge. Several asylum-seekers say they’re undeterred.
 ?? Eric Gay / Associated Press ?? Immigrant families walk to a respite center after processing by U.S. Customs and Border Protection on Wednesday in McAllen. Many migrants are fleeing violence in their homeland.
Eric Gay / Associated Press Immigrant families walk to a respite center after processing by U.S. Customs and Border Protection on Wednesday in McAllen. Many migrants are fleeing violence in their homeland.

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