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June 28, 2019 03:52 pm PDT

Why the Trump DOJ argues keeping kids in cages is "safe and sanitary"

They are monsters looking for any loophole to torture children who came desperately seeking the America that claimed to be a haven. My family sought and received that refuge when we ran from pogroms and German National Socialists.

The Atlantic:

Gees order put the government in a technical legal bind. When a federal judge appoints an official to monitor compliance with an already existing injunction or agreement like the Flores Agreement, the government cannot immediately appeal. Such a measure is considered an interlocutory orderan intermediate one that does not generate a final decision suitable for appellate review. The government can only appeal if the judge modifies the prior injunction or order.

So thats what the United States argued. In its appeal to the Ninth Circuit, the United Statesthrough Fabian and the other attorneys of the Office of Immigration Litigationclaimed that Gee had altered the deal. They argued that by ruling that safe and sanitary conditions specifically required things like dry clothes and toothbrushes and showers and not sleeping on concrete under bright lights, Gee changed the Flores Agreement and substantially altered the legal relations of the parties by reading new requirements into the Agreement. That was the premise of their assertion that they could appeal, after all.

It was this sequence of events that brought Fabian before three judges of the United States Court of Appeals for the Ninth Circuit last week to make her startling argument. The panelwhich included Judge A. Wallace Tashima, who as a child in World War II was confined to an internment camp with other Japanese Americanswas perhaps not an ideal forum.

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