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Denials Stack Up Against Government's Weak Defense of Hutto

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The federal court hearing the case against the imprisonment of families in CCA's Hutto prison awarded several victories to the families last week, rejecting the assorted requests for dismissal or delay in the case presented by ICE (Immigration and Customs Enforcement).

Denial #1: ICE's attorneys argued (unsuccessfully) that since ICE (Immigration and Customs Enforcement) has released all ten of the children who are plaintiffs in the lawsuit, the suit should be dismissed. Except that the judge noted that all the people who have been released could be re-detained at any time... as in, once the lawsuit has been dismissed. Thus, a resounding denial to ICE for dismissal of the case.

Denial #2: ICE then argued that if the judge wouldn't dismiss based on the previous claim, that he stay (delay) the litigation to give them time to settle. This section of their brief is titled "The Release of All Ten Plaintiffs Make this an Ideal Time to Mediate the Dispute As Envisioned Under the FSA." Or it could be titled, "This Litigation Will Reveal Things About Hutto We Want to Hide... Can You Please Delay it For As Long as Possible?" But the judge slammed that request down. From the ruling:

It has, however, been this Court's experience that an impending trial date tends to facilitate settlement far more effectively than a stay of all proceedings. Moreover, reasonable discovery is necessary to facilitate a settlement of this case. ...This discovery may well be inconvenient, but it does not appear to be "onerous," particularly in light of the limitations... to which Plaintiffs have agreed.

Denial #3: ICE also asked the judge to dismiss the case on a stangely inventive technicality: that the ACLU had not exhausted "administrative remedies" before turning to litigation. But that argument didn't make it very far. The court expressed "confusion and frustration" with this interpretation of the situation, and pointed out that there is no requirement of this nature. He specifically noted that the government does not have any "rights" that have been violated by the lawsuit, and denied their request for dismissal.

Denial #4: One of the May 9th rulings also allows for consolidation of the cases as requested by the families -- and opposed by ICE. In the words of the judge, the government provides "no reason why consolidation would be inadvisable in these clearly related cases." Consolidation of cases has been granted to the families --- another "no" to the weak arguments of ICE.

ICE was put on notice in April that there's a good chance that the families will prove their case. But they're still fighting every step of the way, and are now using the litigation as a pretext for barring a UN expert and the local media.

Want to Read the Court Documents?

There is a fairly comprehensive archive of legal documents on the Hutto case on the web thanks to the Civil Rights Litigation Clearinghouse. But the latest rulings aren't posted there yet, so we have PDF versions of the May 9th Hutto orders below. More rulings and orders are sure to follow as ICE continues to flout the law and common sense with the imprisonment of families at Hutto.

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