A federal judge on Wednesday refused the Trump administration's request to dismiss a lawsuit by the American Civil Liberties Union (ACLU) challenging the practice of separating migrant parents and children at the U.S. border.
U.S. District Judge Dana M. Sabraw in San Diego said in his ruling that the Trump administration's "wrenching separation" of families might violate the Constitution's guarantees of due process.
“Such conduct, if true, as it is assumed to be on the present motion, is brutal, offensive, and fails to comport with traditional notions of fair play and decency,” Sabraw wrote. "The facts alleged are sufficient to show the government conduct at issue ‘shocks the conscience’ and violates Plaintiffs’ constitutional right to family integrity.”
Sabraw rejected the federal government's argument that the practice of separating families cannot be challenged on constitutional grounds. He did, however, dismiss a separate challenge to the law that claimed the separation of families violates asylum laws.
The ACLU filed its lawsuit in February after a woman from the Democratic Republic of Congo was separated from her 7-year-old daughter while trying to seek asylum in the U.S. According to the ACLU's suit, the mother and child were detained separately at facilities 2,000 miles apart.
Wednesday's ruling comes as President TrumpDonald TrumpJan. 6 panel faces double-edged sword with Alex Jones, Roger Stone Trump goes after Woodward, Costa over China Republicans seem set to win the midterms — unless they defeat themselves MORE's immigration policies face heavy criticism, especially the practice of separating parents and children.
Former Democratic presidential candidate Hillary ClintonHillary Diane Rodham ClintonRepublicans seem set to win the midterms — unless they defeat themselves Poll: Democracy is under attack, and more violence may be the future Popping the progressive bubble MORE ripped the policy as "disastrous" last week, and Sen. Dianne FeinsteinDianne Emiel FeinsteinProgressive groups urge Feinstein to back filibuster carve out for voting rights or resign Senators call for Smithsonian Latino, women's museums to be built on National Mall Five faces from the media who became political candidates MORE (D-Calif.) has said she plans to introduce a bill that would end the rule.
The ruling also comes following reports this week that U.S. Border Patrol agents are running out of space to detain migrant children that were separated from their parents. Roughly 550 children are currently detained, of which nearly 300 have spent more than 72 hours in custody.