At a hearing Tuesday, Nichols said that the American Civil Liberties Union (ACLU) and other groups representing the child migrant were likely to argue that the public health act does not allow“It is a decision of critical importance because it goes to the heart of the affirmation of the authority under which it is possible to bypass the immigration laws and simply deport people, including children, without any process,” said Gelernt to CBS News. according to Lee Gelernt, the best lawyer of the ACLU in the case. Even if the CDC may delegate authority for expulsion to the border agents, Nichols said that he does not think that these powers outweighed the legal safeguards created by the Convention for unaccompanied children, said Gelernt.
Nichols has ordered the government to keep the 16 year old boy in the United States as it drafts a decision on the merits of the case. Earlier this month, the ACLU and the Texas Civil Rights Project filed a lawsuit on behalf ofEl Salvador, deported from the southern border in April and refused to seek asylum alongside her mother, who lives in New York.
Citing the order of the CDC, now in force indefinitely, the officers of the border have conducted nearly 43,000 evictions in may, April and the last 11 days of march. Those expelled include hundreds of unaccompanied migrant children – a population that Congress has exempted from eviction fast by means of a law against trafficking in 2008.
Under this act, the officers of the border must generally transfer most of the unaccompanied minors to the Office of refugee resettlement within three days of their meeting. The agency has a network of shelters and other dwellings where migrant children are first to be given to the members of the family in the United States or other sponsors.
Since the CDC came into force at the end of march, the Office of refugee resettlement has received few referrals of unaccompanied minors by agents of the borders, admitting only 39 new children in may, according toobtained by CBS News.
The administration Trump has described the order of the CDC as an emergency policy that is designed to block the entry of migrants who might be spreading the coronavirus to the inside of the detention centres and health care facilities.
While the prosecution so far against the policy of deportation to seek redress for two migrant children, the supporters hope that they will succeed in asserting that the order of the CDC shall be unlawful, in particular because of the way it is used to expel summarily unaccompanied minors.
The lawyers ask the district court in Washington to order the government to allow the teenager to honduras to find her father, who lives in Texas and has a record of ongoing refugee.