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Except that’s not the situation here and you left a key option out.

D) the child remains with the legally resident / citizen parent or their immediate families

In these cases they have legally resident parents, just not the one who the child was with when snatched without due process. They’re being denied the ability to coordinate the handoff of the child to the other parent or family who can take responsibility. ICE is not allowing the families to coordinate the child’s care - they’re isolating the parent from their broader families, denying due process, access to legal representation, and unilaterally deporting US citizen children who have other options but were denied the ability to access them.

In the United States our constitution assures -all people- due process and basic human rights. There is no carve out that if you’re visiting the country or otherwise not a citizen that you can be summarily detained, deprived of liberty, and handled however the government chooses including extraordinary rendition to third countries for indefinite imprisonment without recourse. Nothing that is happening is allowable, or even defensible because however you feel about immigration - every action being taken could be taken to tourists, students, or other guests if allowed under the premise only citizens enjoy protections.

And in these cases, even citizens are being given no deference - and the fact they’re toddlers should be even more frightening.

Here’s a quote from the release that basically implies ICE is murdering one child summarily:

“””a U.S. citizen child suffering from a rare form of metastatic cancer was deported without medication or the ability to consult with their treating physicians–despite ICE being notified in advance of the child’s urgent medical needs.“””

So, the headline as written dramatically understates the situation, and the proposed dichotomy is false. There are many other options, spelled out in the law and regulation and requirements - even constitutionally - and they’re being ignored as an apparent matter of political policy.






> In these cases they have legally resident parents, just not the one who the child was with when snatched without due process.

Is that true? I re-read the article (but didn’t google for other sources), but nowhere could I see that definitively stated.

It would be interesting if the deportable mother of one of these minors (e.g. the one who is pregnant) decided to leave them with other family in the US rather than stay together as a family, but it is of course her right to make such a decision.


In the case of the two year old who was removed with their mother, they have US citizen family that the father is trying to transfer custody (it seems he doesn’t have legal status, but I haven’t seen a definitive source)

PDF: https://storage.courtlistener.com/recap/gov.uscourts.lawd.21...


Your option d looks to be much like the option b in the post you replied to

Except it’s not, because it’s not the parents but “a parent” being deported, and b) was phrased fallaciously to imply the child would be left alone without legal care givers.



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