MMM v. SESSIONS – JUDGE SABRAW ISSUES NEW RESTRAINING ORDER AGAINST THE ADMINISTRATION IN THE “CHILD SEPARATION” CASE

Here’s a link to the order:

https://www.dropbox.com/s/btfdy0gdbopasfg/55%20-%202018-08-16%20Order%20Granting%20TRO%20in%20S.D.%20Cal..pdf?dl=0

My “Takeaways:”

  • Due Process protections extend to everyone present in the United States regardless of status;
  • “Expedited Removal” neither automatically trumps Due Process nor automatically complies with Due Process;
  • Even after weeks of litigation, only the courage and determination of Judge Sabraw and the plaintiffs stand between these vulnerable individuals and massive violations of their Constitutional rights to Due Process that the Administration, left to its own devices, would inflict;
  • All in all, it’s a pretty strong indictment of how this Administration is handling  the overall situation surrounding Expedited Removal;
  • It also shows why meaningful review by the Article III Courts of the Constitutional issues involved in Expedited Removal is absolutely essential.

PWS

08-17-18

 

Related posts:

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