New York to sue Trump administration over family border separations - governor

By Dan Whitcomb

 

FILE PHOTO: New York Governor Andrew Cuomo speaks during the commemoration of the Elton John AIDS Foundation 25th year fall gala at the Cathedral of St. John the Divine in New York City, in New York, U.S. November 7, 2017. REUTERS/Shannon Stapleton

 

(Reuters) - New York Governor Andrew Cuomo, a political opponent of U.S. President Donald Trump, said on Tuesday that the state would sue the Trump administration for separating children of immigrants from their parents when apprehended illegally crossing the U.S. border.

 

The separations and detention of children at the southern U.S. border with Mexico have caused an uproar in the United States and condemnation abroad, fuelled by videos of children in cages and audiotape of children wailing for their parents that has been broadcast on cable networks and posted on social media.

 

"The Trump Administration's policy to tear apart families is a moral failing and a human tragedy," Cuomo, a Democrat, said in a statement announcing the lawsuit.

 

Cuomo said that separating parents and children at the border violated their rights under the U.S. Constitution, U.S. Supreme Court precedents and a 1997 legal settlement that set standards for the treatment of children detained for immigration reasons.

 

A spokesman for the Trump administration could not immediately be reached for comment on the New York lawsuit.

 

U.S. officials have defended the measures as a way to secure the border and deter illegal entry. Trump, a Republican, has made a hardline stance on immigration a centrepiece of his presidency.

 

U.S. Attorney General Jeff Sessions announced a "zero tolerance" policy in April that all immigrants apprehended while crossing the U.S.-Mexico border illegally should be criminally prosecuted under the country's criminal entry statute.

 

The policy has led to family separations because when border agents refer apprehended migrants to court for prosecution, parents are held in federal jail to await trial by a judge while the children either remain in border patrol custody or are moved into facilities managed by the Office of Refugee Resettlement, a Department of Health and Human Services agency.

 

Cuomo said he would direct several state agencies to begin legal action against the Trump administration on behalf of some 70 children being held in at least 10 federal shelters in New York state.

 

(Reporting by Dan Whitcomb in Los Angeles; editing by Grant McCool)

 

-- © Copyright Reuters 2018-06-20

I do not see how NY has any standing in this issue, but I guess someone will tell me.

Nobody would use this separation method if the current system was working. The boss of ICE recently said that there are 40,000 people who currently have just not turned up for their immigration hearings. So the catch and release method is just being laughed at by the border-hoppers. Something needed to be done.

4 minutes ago, DoctorG said:

I do not see how NY has any standing in this issue, but I guess someone will tell me.

 

From the article...

 

Cuomo said he would direct several state agencies to begin legal action against the Trump administration on behalf of some 70 children being held in at least 10 federal shelters in New York state.

democrats are simply using whatever means possible to cause flack for trump, this is a total joke and makes the US look really stupid, civil war between the dems and the rest of the US because clinton lost, pretty pathetic really. All they are doing is showing everyone how p*ssed off they are and doing more for the illegals than the actual citizens

 

As abhorrent as I find this child separation policy I don't think we've seen the depth to which this administration can go.

Trump is unamerican his policy is not what my countery wants there is a seathing anger building against this perversion of the American ideal a real American doesn’t betray allies embrace murderious dictators lockup women looking for shelter and taking their kids and that’s just a few of the outrages trump you suck

1 hour ago, DoctorG said:

The boss of ICE recently said that there are 40,000 people who currently have just not turned up for their immigration hearings.

Surprise surprise...it was a lie. A judicial report said that around 11-20% of people do not turn up for hearings. The boss of ICE claimed it was 80%.

1 hour ago, seajae said:

democrats are simply using whatever means possible to cause flack for trump, this is a total joke and makes the US look really stupid, civil war between the dems and the rest of the US because clinton lost, pretty pathetic really. All they are doing is showing everyone how p*ssed off they are and doing more for the illegals than the actual citizens

The courts being used to put an end to the forced separation of children from their parents and the caging of those children in concentration camps.

 

This is not a Democrat/Republican issue, this is a matter of basic human decency.

 

When human decency is upheld everyone wins, including every American citizen.

America is lucky in one respect I suppose...They have a "Patriot" President now, who is following through on something he said during the lead up to the elections."What the Hell is going on?"...he is now in a position to know, and he is doing something about it, as promised....

 

5 minutes ago, weegee said:

America is lucky in one respect I suppose...They have a "Patriot" President now, who is following through on something he said during the lead up to the elections."What the Hell is going on?"...he is now in a position to know, and he is doing something about it, as promised....

 

And America is unlucky in another respect, that it has citizens and supporters that subscribe to such foolish opinions.

1 hour ago, seajae said:

democrats are simply using whatever means possible to cause flack for trump, this is a total joke and makes the US look really stupid, civil war between the dems and the rest of the US because clinton lost, pretty pathetic really. All they are doing is showing everyone how p*ssed off they are and doing more for the illegals than the actual citizens

Best you recall "the party of no", also know as the GOP, when Obama was Pres. The reason why Obama was forced to sign so many executive orders (but not nearly as many as trump.

What law suit number is this? Has trump set a record yet? If not, he will before long. Jail may be the only reprieve that he'll get from all these suits. Coming soon (I hope).

So, Trump signs an executive order “not separating children from adults”. So, 100 people cross the border and they are all placed in detention, children and all not knowing who is the mother of who and who is the father to who. Shortly after that, rapes and sexual assaults on the children take place and then the left are screaming at the top of their lungs; “why has trump placed children in with adults.”

 

Border agents are finding “coyotes” (human smugglers) are kidnapping children and bringing them across the border at times claiming to be their parents.

 

There is outrage at Trump for separating children from adults, but there was virtually no outrage with both Bush and Obama separated children from adults.

 

Obama’s Immigration Agencies Separated Children From Their Families, Too

by Colin Kalmbacher | 11:54 am, June 18th, 2018

 

MSNBC Panel Admits Obama Also Separated Immigrant Families.

By Brad Wilmouth | June 18, 2018 3:00 PM EDT

2 hours ago, jb61 said:

Obama separated children from adults

False - but no surprise there.

https://www.nbcnews.com/storyline/immigration-border-crisis/fact-check-did-obama-administration-separate-families-n884856

In any case Trump shows he is spineless when it comes to accepting responsibility for his own presidential acts and policies.

2 hours ago, jb61 said:

So, Trump signs an executive order “not separating children from adults”. So, 100 people cross the border and they are all placed in detention, children and all not knowing who is the mother of who and who is the father to who. Shortly after that, rapes and sexual assaults on the children take place and then the left are screaming at the top of their lungs; “why has trump placed children in with adults.”

 

Border agents are finding “coyotes” (human smugglers) are kidnapping children and bringing them across the border at times claiming to be their parents.

 

There is outrage at Trump for separating children from adults, but there was virtually no outrage with both Bush and Obama separated children from adults.

 

Obama’s Immigration Agencies Separated Children From Their Families, Too

by Colin Kalmbacher | 11:54 am, June 18th, 2018

 

MSNBC Panel Admits Obama Also Separated Immigrant Families.

By Brad Wilmouth | June 18, 2018 3:00 PM EDT

Two radical ideas for you.

 

1. STOP watching Fox and Friends, Laura Ingram and Hannity. (now you have them raping children in the tented detention areas whilst under the supervision of the border guard and Homeland security - you really need to see a specialist)

 

2. Tell a child everything will be OK, give them some hot chocolate and some candy and ask "is that your Mum or Dad", alternatively do a blood test. It is now rapid, reliable, cheap. Unsurprisingly there is a marked difference between a Guatemalan mother and father with their kids and a Mexican Coyotes smuggling terrified kidnapped young girls and boys across the border. Even people such as you so easily susceptible to being conned would be able to tell the difference.

 

Governments rule by instilling constant fear in their people through propaganda, the USA are masters of the art, you are proof it works.

11 hours ago, jb61 said:

So, Trump signs an executive order “not separating children from adults”.

Okay, you called it!

President Trump Announces Executive Order To End Family Separations

http://dfw.cbslocal.com/2018/06/20/president-trump-announces-executive-order-to-end-family-separations/

The Trump administration seems to be moving these children around, keeping them one step ahead of the press and prying public eyes.

 

It's not a stretch to imagine Sessions and Nielsen having to resign, and underlings being charged with criminal acts.

 

 

 

De Blasio: 239 immigrant children separated at border are in East Harlem

 

here are 239 immigrant children separated from their parents at the Mexican border who are now in the custody of a social service organization in East Harlem, Mayor de Blasio said Wednesday — and the youngest is just 9 months old.

 

At least one of the kids — a 9-year-old from Honduras — was brought 2,000 miles from the border by bus, the mayor said.

 

De Blasio revealed the figures after visiting the East Harlem location of Cayuga Centers, a social service organization that has $76 million in contracts with the federal government to care for immigrant children and which offers “immigrant foster care,” according to its website. His revelation comes after the city asked the federal government for such information — and did not receive it.

 

http://www.nydailynews.com/news/politics/ny-pol-children-separated-border-nyc-20180620-story.html

Just another story about democrats blowing smoke up people's butts because they have no agenda. I'm pretty sure you can't sue an administration for enforcing congressionally passed laws and to blame it all on President Trump when it was passed during Clinton or before is just another in a series of sad, sad moved by a failed party.

8 minutes ago, mrwebb8825 said:

Just another story about democrats blowing smoke up people's butts because they have no agenda. I'm pretty sure you can't sue an administration for enforcing congressionally passed laws and to blame it all on President Trump when it was passed during Clinton or before is just another in a series of sad, sad moved by a failed party.

Yes, I'm sure your legal knowledge is highly regarded.

37 minutes ago, stevenl said:

Yes, I'm sure your legal knowledge is highly regarded.

So, your only argument is a personal insult? Do you also wear your Maxine Waters shirt to the bars before attacking people? 

50 minutes ago, mrwebb8825 said:

Just another story about democrats blowing smoke up people's butts because they have no agenda. I'm pretty sure you can't sue an administration for enforcing congressionally passed laws and to blame it all on President Trump when it was passed during Clinton or before is just another in a series of sad, sad moved by a failed party.

The first judgement of the court will be to determine if it, the court, had jurisdiction, the second judgement will determine if the case is ‘admissible’.

 

Only then can the case proceed.

 

If you are so sure this is simply Democrats blowing smoke up people’s butts, you can relax, the court will dismiss the case.

 

But of course you yourself might be blowing smoke in the other direction.

53 minutes ago, mrwebb8825 said:

I'm pretty sure you can't sue an administration for enforcing congressionally passed laws and to blame it all on President Trump

Yes you can.

Specifically, the lawsuit claims the federal policy is unconstitutional. The President is required to enforce laws but he chooses the policies for doing so. Those policies must comply with People's rights under the US Constitution. In the instant case Trump is alleged to deny People of their constitutional right to due process by separating children from their parents.

There is no accommodation in the US Constitution for a king.

On ‎6‎/‎20‎/‎2018 at 10:46 AM, Andaman Al said:

And America is unlucky in another respect, that it has citizens and supporters that subscribe to such foolish opinions.

 

Doesn't matter if voters are "foolish". It's their right to vote for anyone that they believe will carry out what they want. In this case, the voters in a majority of states want an end to illegal immigration. It was, after all, a major promise that Trump made, so no one can say it's a surprise.

44 minutes ago, Srikcir said:

Yes you can.

Specifically, the lawsuit claims the federal policy is unconstitutional. The President is required to enforce laws but he chooses the policies for doing so. Those policies must comply with People's rights under the US Constitution. In the instant case Trump is alleged to deny People of their constitutional right to due process by separating children from their parents.

There is no accommodation in the US Constitution for a king.

The constitution is whatever the SCOTUS says it is, and at the moment, the SCOTUS is supporting Trump's interpretation.

If NY wins in a lower court, the case will probably just head up to SCOTUS on appeal.

8 minutes ago, thaibeachlovers said:

The constitution is whatever the SCOTUS says it is, and at the moment, the SCOTUS is supporting Trump's interpretation.

And you think that is acceptable?

 

I guarantee that Trump has NEVER even read the constitution, I absolutely guarantee it. You think it is acceptable that the SCOTUS should support one mans interpretation of a constitution he knows nothing about over the needs of 350 million people. The USA turns more insane by the day. The choice of the next SCJ may well affect the balance of power for generations (funny for a institution that is not supposed to be partisan) but Trump is affecting how the USA will be perceived for generations. The USA will become isolated internationally, it will fail, it will drown in debt and the Bear and the Dragon are going to come in and have you on your knees. Keep upgrading those nukes, but remember, you can't eat them.

1 minute ago, Andaman Al said:

And you think that is acceptable?

 

I guarantee that Trump has NEVER even read the constitution, I absolutely guarantee it. You think it is acceptable that the SCOTUS should support one mans interpretation of a constitution he knows nothing about over the needs of 350 million people. The USA turns more insane by the day. The choice of the next SCJ may well affect the balance of power for generations (funny for a institution that is not supposed to be partisan) but Trump is affecting how the USA will be perceived for generations. The USA will become isolated internationally, it will fail, it will drown in debt and the Bear and the Dragon are going to come in and have you on your knees. Keep upgrading those nukes, but remember, you can't eat them.

Trump doesn't need to read the constitution; he has well paid advisors that have done so.

It's not for me to say what SCOTUS does- that's down to people that died long ago. If people don't like it, pass an amendment to the constitution. I'm somewhat amused that anyone would think all 350 million US citizens oppose Trump, when it's probably just a vocal minority that do so. The great majority likely have little interest in the shenanigans of the US government, unless it affects them directly.

This immigration dispute is destroying the US, IMO, and people need to calm down and start talking about solutions, not just attacking the other side because they have a different opinion.

Congress really needs to set up a bipartisan committee with people that want to find solutions, not just keep voting on party lines.

Clearly, the US has become divided. People only agree with anything if it accords with THEIR viewpoint. The GOP didn't want Obama selecting the SCOTUS justice, the Dems don't want Trump doing so, and everyone else supports whatever is according to their political viewpoint.

The US is apparently broken, and no one is trying to fix it. Everyone just wants their side to win.

California wants to be independent country so they can have open borders and tax everyone to support illegal immigrants- fine, the rest of the US should welcome the chance to rid itself of a power source of the Dems. Without California, even New York won't be able to stop the GOP taking over for ever.

This situation is getting so bad, that even civil servants openly thumbs their noses at congress.

I can't see any happy news on the horizon, and if the US goes down, it's bad for all of us in the "free" world.

2 hours ago, mrwebb8825 said:

So, your only argument is a personal insult? Do you also wear your Maxine Waters shirt to the bars before attacking people? 

A personal insult? You're comparing your legal knowledge to that of the NY AG. Sorry, you're going to lose that one.

33 minutes ago, stevenl said:

A personal insult? You're comparing your legal knowledge to that of the NY AG. Sorry, you're going to lose that one.

I made no such comparison but your leftist views would of course, blind you to that fact. I simple noted that another leftist blow-heart is wasting taxpayers money trying to impress leftist voters by filing a dead-on-arrival lawsuit against an administration that is doing the same thing 4 administrations did before, hoping to get it in front of a leftist judge (like they did in HI) only to waste more taxpayers money as it will then go to the SCOTUS who will overturn any decision that has to do with immigration because they have already ruled that the POTUS has broad powers when it comes to immigration.

Separating criminals from their children has been going on since the dawn of time. If you totally agree with this then you should rally all your friends to give back the tax cuts that my president gave you to help fund several housing projects as NY state prisons are full of criminals that have been legally separated from their children. 

2 hours ago, thaibeachlovers said:

The constitution is whatever the SCOTUS says it is, and at the moment, the SCOTUS is supporting Trump's interpretation.

If NY wins in a lower court, the case will probably just head up to SCOTUS on appeal.

Where has SCOTUS supported Trump on this policy?

 Example please.

2 minutes ago, mrwebb8825 said:

I made no such comparison but your leftist views would of course, blind you to that fact. I simple noted that another leftist blow-heart is wasting taxpayers money trying to impress leftist voters by filing a dead-on-arrival lawsuit against an administration that is doing the same thing 4 administrations did before, hoping to get it in front of a leftist judge (like they did in HI) only to waste more taxpayers money as it will then go to the SCOTUS who will overturn any decision that has to do with immigration because they have already ruled that the POTUS has broad powers when it comes to immigration.

Separating criminals from their children has been going on since the dawn of time. If you totally agree with this then you should rally all your friends to give back the tax cuts that my president gave you to help fund several housing projects as NY state prisons are full of criminals that have been legally separated from their children. 

Well as I pointed out earlier, if this legal challenge has no basis you’ve no need to worry about it.

 

But you clearly are worried about it, and I very much doubt your concerns are the spending of other people’s tax dollars.