More than 2,000 children were separated from their parents by US immigration authorities at the border this spring before Trump reversed course on June 20 amid an global outcry.
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Two weeks ago, U.S. District Judge Dana Sabraw in San Diego issued an order to the Trump Administration to reunite the thousands of immigrant children separated from their parents. The rest of the children under 5 are expected to be reunited with their parents by July 26, attorneys said.
So far, the government has reunited four of the children in its custody, and expects to reunite another 34 by Tuesday's deadline.
The Legal Aid Society in NY said it is representing at least two separated children under 5 years old that meet the judge's criteria for reunification on Tuesday.
Fabian said the plan for Tuesday's reunions was for the children to be released to Immigration and Customs and Enforcement, which runs the adult detention centers where their parents are being held.
The infant is one of hundreds of children who have yet to be reunited with their parents, with many separated from their families under the Trump administration's recently rescinded "zero tolerance" family separation policy.
One child can't be reunited with family because the government has not known their parent's location for more than a year, according to the government. In the courtroom, they expressed openness to collaborating on several issues, including searching for parents who have been removed from the USA and double-checking the criminal records.
"The judge made it very clear he wasn't going to allow the Trump administration to drag its feet on reunifying these children with their parents", Gelernt said.
Fabian attributed the holdup to difficulties tracking down some parents, and to necessary background checks on those whom they've found.
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The lead-up to the Monday court appointment indicated the duress the Trump administration is now under in trying to swiftly reunite the families it has separated - and just how messy the situation has gotten. "Don't come to our country illegally", he said.
The judge acknowledged that more time may be justified only in specific cases, but initially left the Tuesday deadline intact for children under age 5, along with a July 26 deadline to reunite all children age 5 and above with their parents.
It was the first time the government indicated whether the parents and children would be released or detained together.
"They're working nights and weekends to comply with the judge's orders".
Despite the progress over the weekend, a number of questions remained Monday. Federal officials have said somewhere "under 3,000" migrant children have been separated overall, but their numbers have varied.
Also Friday, Fabian said 19 parents were deported and 19 were released. One area of disagreement is DNA testing on parents and children, with the government saying it should be the general rule and the ACLU saying it should be done only when no other evidence is available to prove parentage.
"The court has a range of options from significant fines to other types of relief", said ACLU attorney Lee Gelernt.
Nine have parents who were released already from ICE custody and are somewhere in the US.
I don't anticipate them dragging on.