Originally Posted by James Lacey
The WSJ article used to fuel the outrage says explicitly that the current situation is where the ACLU and other advocacy groups are suing the government for damages due to family separation under the Trump administration's zero-tolerance policy. This fact doesn't seem to be up to much debate to me.
Before Trump's zero-tolerance policy that made crossing the border illegally an act worthy of federal prosecution, some separations occurred when they were warranted. But nothing on the scale of Trump's zero-tolerance policy.
Regardless, you are correct. Illegal immigration and the border are challenging problems.
Hi James:
I think I understand your point - the ACLU is targeting Trump's actions, not Obama's or Bush's or anyone else. To that extent, the Trump administration did "cause" the lawsuits. But please remember that the ACLU is political to the core and they are the ones who choose the timing and target of any suit.
This is where it gets weird. If Trump had won the election, he would presumably defend these suits vigorously. Maybe he would win them? I have no idea of course, it is going to be very fact sensitive and will probably depend on whether the applicable policies were followed and whether the policies are deemed reasonable. I am pretty sure that policies that are implemented in the ordinary course of the business of the government are presumed reasonable, so the plaintiffs might have a tough time winning anything.
But Trump did not win the election. Biden's people might be willing to settle these cases rather than try them. I am cynical enough to think this would be a move motivated nearly entirely by politics and optics. Biden will need to run against the memory of Trump in '22 and '24, if not running against the real thing. Given the government's option to settle these cases, and in view of the political hay to be made, we may never know whether the suits have any legal merit.
Please note that I am not in favor of family separations, and it is a terrible thing if families can not be reunited. I'm merely pointing out, in this and my previous post, that the border is messy, and I am not sure that these are open-and-shut wins for the ACLU if the cases were vigorously defended.
Jim