Ms. L. v. U.S. Immigration and Customs Enforcement et al

Filing 146

STATUS REPORT Joint Status Report by Greg Archambeault, Alex Azar, L. Francis Cissna, Pete Flores, Joseph Greene, Thomas Homan, Francis M. Jackson, Scott Lloyd, Adrian P. Macias, Hector A. Mancha Jr., Kevin K. McAleenan, Kirstjen Nielsen, Office of Refugee Resettlement, Jefferson Beauregard Sessions, III, U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Department of Health and Human Services, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement. (Fabian, Sarah)(acc).

Case 3:18-cv-00428-DMS-MDD Document 146 Filed 07/23/18 PageID.2420 Page 1 of 8

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CHAD A. READLER
Acting Assistant Attorney
General
SCOTT G. STEWART
Deputy Assistant Attorney
General
WILLIAM C. PEACHEY
Director
Office of Immigration Litigation
U.S. Department of Justice
WILLIAM C. SILVIS
Assistant Director
Office of Immigration Litigation
SARAH B. FABIAN
Senior Litigation Counsel
NICOLE MURLEY
Trial Attorney
Office of Immigration Litigation
U.S. Department of Justice
Box 868, Ben Franklin Station
Washington, DC 20442
Telephone: [phone]
Fax: [phone]

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ADAM L. BRAVERMAN
United States Attorney
SAMUEL W. BETTWY
Assistant U.S. Attorney
California Bar No. 94918
Office of the U.S. Attorney
880 Front Street, Room 6293
San Diego, CA 92101-8893
619-546-7125
619-546-7751 (fax)
Attorneys
for
Federal
Respondents-Defendants

Lee Gelernt*
Judy Rabinovitz*
Anand Balakrishnan*
AMERICAN CIVIL LIBERTIES
UNION FOUNDATION
125 Broad St., 18th Floor
New York, NY 10004
T: [phone]
F: [phone]
[e-mail]
[e-mail]
[e-mail]
Bardis Vakili (SBN 247783)
ACLU FOUNDATION OF
SAN DIEGO & IMPERIAL
COUNTIES
P.O. Box 87131
San Diego, CA 92138-7131
T: [phone]
F: [phone]
[e-mail]
Stephen B. Kang (SBN 292280)
Spencer E. Amdur (SBN 320069)
AMERICAN CIVIL LIBERTIES
UNION FOUNDATION
39 Drumm Street
San Francisco, CA 94111
T: [phone]
F: [phone]
[e-mail]
[e-mail]
Attorneys for PetitionersPlaintiffs
*Admitted Pro Hac Vice

Case 3:18-cv-00428-DMS-MDD Document 146 Filed 07/23/18 PageID.2421 Page 2 of 8

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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA

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Case No. 18cv428 DMS MDD

MS. L, et al.,

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Petitioners-Plaintiffs,

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JOINT STATUS REPORT

vs.

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U.S. IMMIGRATION AND
CUSTOMS ENFORCEMENT, et
al.,

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Respondents-Defendants.

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The Court ordered the parties to file a joint status report on July 23, 2018, in

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13 anticipation of the status conference scheduled for July 24, 2018 at 3:00pm PST.
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The parties submit this joint status report in accordance with the Court’s instruction.
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16 I.
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DEFENDANTS’ POSITIONS
A. Update on Reunification Process

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The reunification plan outlined to the Court in Defendants’ filing on July

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15, 2018, ECF No. 109, and discussed at the July 16, 2018 status conference, is

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proceeding. Defendants report the following with regard to the reunification of

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families with children ages 5-17: 1

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The numbers provided are based on daily reports that have not been analyzed to
25 ensure as much accuracy as the government could ensure if it had several days to
26 analyze and verify each statistic. These numbers are from the daily report as of
8:00 AM Eastern on July 23, 2018. While most numbers changed since the last
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• Total number of possible children of potential class members
identified: 2,551

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• Potential class members possibly eligible for reunification: 1634
o Class members successfully reunified in ICE custody: 879
o Class members in ICE custody interviewed and cleared for
reunification, transport pending: 538
o Potential class members in ICE custody pending interview: 0
o Potential class members in ICE custody pending child file review:
0
o Potential class members released to the interior by ICE: 217
• Potential class members, or non-members of the class, either not
eligible, or not yet known to be eligible, for reunification: 917
o Adults known to be in U.S. Marshal, State or local custody: 0
o At interview, parent waived reunification: 130
o Adults with prohibitive criminal record or deemed ineligible by
ORR or ICE: 64
o Case notes indicate adult is not in U.S., under review: 463
o Further evaluation: 260 (many of these children have been
discharged by ORR in appropriate circumstances)

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• Class members with a final order of removal: 900
• Total number of reunifications or other appropriate discharges by
ORR: 1,187

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24 status report due to significant progress in reunifications, some minor changes are
25 attributable to continual review of the case files. In the interest of providing
information that is as up-to-date as possible, although not without the possibility
26 needing further correction, the numbers provided in Section A reflect the best
27 estimates the government has as of 8:00 AM Eastern on July 23, 2018.
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B. Class Member Lists and Other Information For Plaintiffs
Defendants continue to provide Plaintiffs’ counsel the daily “cleared” list
when that list is updated. On July 20, 2018, Defendants provided Plaintiffs with a

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5 list of class members who stated that they did not wish to be reunified with their
6 children at the final interview with HHS. Defendants will provide an update to that
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list on July 24, 2018. On July 20, 2018, Defendants provided Plaintiffs with a

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9 spreadsheet containing updated information regarding 1601 class members. That
10 spreadsheet reflects whether those class members have a final order of removal,
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and whether they have been removed or released, or if they remained in ICE

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13 custody, then their current detention location. For those class members who have
14 final orders of removal, Defendants are reviewing files to provide Plaintiffs’
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counsel with a list of those class members who have waived reunification prior to

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17 removal.
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In addition, Defendants had previously stated that on or before July 20,
2018, Defendants would provide Plaintiffs with a list of class members who have

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21 been removed, including the date of removal, country of removal, and last
22 detention location, and that on or before July 23, 2018, Defendants would provide
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Plaintiffs with a list of class members who have been released from ICE custody.
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25 However, Defendants were not able to provide these lists because some of this
26 information is still under review. Defendants believe that some of the requested
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information is contained in the spreadsheets that were previously provided to

2 Plaintiffs, and in an updated spreadsheet being provided to Plaintiffs today, July
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23, 2018. However, Defendants are continuing to review their case notes and

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5 intend to provide updated data on these two categories of class members as soon as
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II.

PLAINTIFFS’ POSITIONS

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Plaintiffs have received no new information about Class Members from

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provided the following information:

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A list of Class Members who have been removed from the country.

14 See Joint Status Report, Dkt. 124, at 3 (July 20, 2018) (stating that Defendants
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would provide this information by July 20).

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2.

Updated lists of Class Members who have been “greenlighted” for

18 reunification. The last two such lists were sent by Defendants on July 16 and July
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20. See Joint Status Report, Dkt. 124, at 2 (stating that Defendants were providing
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21 this list “on a daily basis when it is updated”).
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3.

A complete list of the parents with final removal orders who signed a

form electing to be removed without their children. These parents urgently need

25 consultations with lawyers, so that they do not mistakenly strand their children in
26 the United States, and Plaintiffs’ partners are ready to provide these consultations
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immediately. Plaintiffs have been requesting this information each day since

2 Wednesday, July 18. According to the government’s representations, there may be
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several dozen parents on this list, and they may not be identified in any list

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5 Defendants have provided thus far. Plaintiffs respectfully ask the Court to order
6 Defendants to provide this information by 5:00pm PT on July 24.
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18cv428 DMS MDD

Case 3:18-cv-00428-DMS-MDD Document 146 Filed 07/23/18 PageID.2426 Page 7 of 8

1 DATED: July 23, 2018

Respectfully submitted,

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/s/ Lee Gelernt
Lee Gelernt*
Judy Rabinovitz*
Anand Balakrishnan*
AMERICAN CIVIL LIBERTIES UNION
FOUNDATION
125 Broad St., 18th Floor
New York, NY 10004
T: [phone]
F: [phone]
[e-mail]
[e-mail]
[e-mail]

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Bardis Vakili (SBN 247783)
ACLU FOUNDATION OF SAN DIEGO
& IMPERIAL COUNTIES
P.O. Box 87131
San Diego, CA 92138-7131
T: [phone]
F: [phone]
[e-mail]

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Stephen B. Kang (SBN 292280)
Spencer E. Amdur (SBN 320069)
AMERICAN CIVIL LIBERTIES UNION
FOUNDATION
39 Drumm Street
San Francisco, CA 94111
T: [phone]
F: [phone]
[e-mail]
[e-mail]
Attorneys for Petitioners-Plaintiffs
*Admitted Pro Hac Vice

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CHAD A. READLER
Acting Assistant Attorney General
SCOTT G. STEWART
Deputy Assistant Attorney General
WILLIAM C. PEACHEY
Director
WILLIAM C. SILVIS
Assistant Director

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/s/ Sarah B. Fabian
SARAH B. FABIAN
Senior Litigation Counsel
NICOLE MURLEY
Trial Attorney
Office of Immigration Litigation
Civil Division
U.S. Department of Justice
P.O. Box 868, Ben Franklin Station
Washington, DC 20044
[phone]
[phone] (facsimile)
[e-mail]
ADAM L. BRAVERMAN
United States Attorney
SAMUEL W. BETTWY
Assistant U.S. Attorney
Attorneys for Respondents-Defendants

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18cv428 DMS MDD