He said that he was pleased with the efforts being made to reunite families, even if it proves impossible for some to be done by the deadline, suggesting it is unlikely the government will be accused of violating the court order.
Lawyers for the Trump administration appeared once again in a courtroom in San Diego to ask a federal judge to push back his deadline for the reunification of children under five years old who were taken from their parents at the U.S. -Mexico border.
Now, one day before a Tuesday deadline, the administration says authorities expect to return just over half of the kids - but that they will need more time to figure out the rest. As the ACLU argued in Friday's court hearing, those steps were originally designed for vetting a non-parent sponsor taking custody of a child who immigrated to the US alone, not for reuniting children with their own parents.
The deadline is July 10 for parents with children under 5 and July 26 for everyone else.
If DNA testing is inconclusive, officials said in a court filing, they won't be able to confirm a child's parentage by the deadline. He added that nonprofit groups were trying to find parents the government had failed to locate, who are mostly from El Salvador, Guatemala and Honduras. On Monday, she said there were 102 children in that age group, and that two had already been returned to their parents.
Six of the 102 children on the list will not be reunited with the adult with whom they entered the country ― three of them based on the parent's criminal record and three because they were determined not to be related, Fabian said. "This is real progress".
The judge ordered the attorneys to file more thoughts by Monday evening on the timelines and procedures for reuniting those parents who will not rejoin their children Tuesday, and the court will hold another hearing Tuesday morning to discuss the issue further.
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The Times says Trump has recently been asking associates about Hardiman , and has also been talking about Barrett and Kavanaugh. On Monday, Trump phoned Justice Anthony Kennedy to inform him that his former law clerk would be nominated to fill his seat.
The judge directed the government to file a detailed accounting of the reunification process and scheduled a hearing for Tuesday at 11 a.m. PDT (1800 GMT). They come amid a tide of national and worldwide outrage over such young children being taken from their parents.
"There's no question that the parties are meeting and conferring", she said. "I'm optimistic that many of these families will be reunited tomorrow".
Additionally, Gelernt took issue with the Trump administration's claim that it has lost track both of parents who have been released by ICE within the US pending their immigration or asylum hearings and at least nine parents who it deported without their children.
To speed the reunions and reduce confusion, Sabraw had ordered the government to provide a list of the separated children's names to the ACLU over the weekend.
Lee Gelernt, deputy director of the ACLU's Immigrants' Rights Project and the lead lawyer who argued for the preliminary injunction, said in a July 8 press release that the request for more time was unacceptable given the levels of trauma the children have already been subjected to.
The other problem is the government is using a very lengthy, cumbersome reunification process that was designed for children who were genuinely unaccompanied and are being given to someone coming forward to claim them, rather than this situation where the child was forcibly taken from the parent.