Case 1:18-cv-01458-PLF Document 13 Filed 06/26/18 Page 1 of 23 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA M.G.U., et al., § § § § § § § § § Plaintiffs, v. KIRSTJEN NIELSEN, et al., Defendants. No. 1:18-cv-1458-PLF Civil Action APPLICATION FOR A PRELIMINARY INJUNCTION Plaintiffs are M.G.U., E.F., and A.P.F., three immigrant parents (the “Parents”) who entered the United States with their children. The Parents bring this application against the defendant federal agencies and officials (the “Government”) 1 because the Government continues to subject the Parents and their children to indefinite family separation for the express purpose of inducing their suffering as a means of deterring immigration. This policy is cruel. It punishes the Parents and interferes with their right to family integrity, both of which violate the Fifth Amendment. The Parents seek a preliminary injunction directing the Government to immediately reunite them with their children. STATEMENT OF FACTS A. The Government Separated the Parents from their Children On May 4, 2018, Plaintiff M.G.U. entered the United States at the San Ysidro, California port of entry and lawfully sought asylum. M.G.U. entered the United States together with her 1 Defendants include the U.S. Department of Homeland Security (“DHS”) and its sub-agencies Immigration and Customs Enforcement (“ICE”) and Customs and Border Protection (“CBP”), who are responsible for arresting and detaining families to enforce immigration law, and the U.S. Department of Health and Human Services (“HHS”) and its sub-agency Office of Refugee Resettlement (“ORR”), who are responsible for detaining “unaccompanied” minors awaiting immigration proceedings. Case 1:18-cv-01458-PLF Document 13 Filed 06/26/18 Page 2 of 23 three minor biological children, G.V.G, her 2-year-old son, J.V.G., her 6-year-old son, and W.M.G., her 13-year-old son. The Government transported M.G.U. and her sons to Texas and detained them together until about May 18, 2018, when the Government forcibly separated them after M.G.U. passed her credible fear interview. When the Government escorted M.G.U.’s children away, weeping and gnashing of teeth ensued, with the 13-year-old holding the 2-yearold in one arm and the hand of the 6-year-old in the other. The Government transported M.G.U.’s sons to New York while M.G.U. has remained in the Government’s custody in Texas. M.G.U. has not seen her sons since. She has little information about their well-being. M.G.U. knows nothing about when she will see her children again, and she suffers because of this. Declaration of M.G.U. at 1-2 (June 22, 2018), ECF No. 12-2; Declaration of M.G.U. (June 13, 2018) at 1-3, ECF No. 13-4. On May 14, 2018, Plaintiff E.F. entered the United States near Presidio, Texas with her biological and only son, 9-year-old B.Y.A.F. The Government arrested them together and forcibly separated E.F. from her son the next day. E.F. has not seen him since. She believes that he is in the state of New York but she is not sure. She has little information about her son’s wellbeing. E.F. knows noting about when she will see her son again. Since the separation, E.F. has spoken with her son but three times for approximately five minutes each time. Her son is afraid and desperate to be with her, which causes her anguish. Declaration of E.F. at 1-5 (June 22, 2018), ECF No. 8-2; Declaration of E.F. (June 15, 2018), ECF No. 13-5. On June 4, 2018, Plaintiff A.P.F. entered the United States in Cameron County, Texas, and did so together with his 12-year-old biological daughter, C.P.R. Upon entering, they immediately sought assistance from immigration officers, who arrested them. The Government separated A.P.F. from C.P.R. shortly after their arrest, and A.P.F has not seen or spoken to his 2 Case 1:18-cv-01458-PLF Document 13 Filed 06/26/18 Page 3 of 23 daughter since. A.P.F. has no information about where his daughter is. The only information provided to A.P.F. to date is that he and his daughter will be separated indefinitely. He knows nothing about when he will see his daughter again, and he describes his feelings about the separation experience as “torture.” Declaration of A.P.F. (June 22, 2018) at 1, ECF No. 12-1; Declaration of A.P.F. (June 12, 2018), ECF No. 13-6. The Government has contacted undersigned counsel regarding the Parents’ access to additional information regarding their children, but the Government has not proposed any terms for reunification. B. The Government Implemented a Policy of Family Separation in Late 2017 2 Every year between 2012 and 2017, the Government has annually apprehended between 11,116 and77,674 noncitizen parents who entered the United States accompanied by their noncitizen children. Government’s Memorandum in Flores v. Sessions at 8-9 (June 21, 2018), ECF No. 13-3; see also Veg-Mix, Inc. v. USDA, 832 F.2d 601, 607 (D.C. Cir. 1987) (“Courts may take judicial notice of official court records . . . .”). Prior to 2017, the Government’s policies sought to keep immigrant families intact and did not separate parents from their children except in limited, specified circumstances, “generally only if the familial relationship cannot be confirmed, [DHS] believe[s] the adult is a threat to the safety of the child, or the adult is a criminal alien.” DHS Retraction Policy at 1 (June 23, 2018), ECF No. 13-2; Declaration of Agent Ortiz at ¶ 3 (March 15, 2018), ECF No. 8. Otherwise, the Government’s policy was to “maintain a comprehensive process for identifying, placing, 2 The material facts concerning the Government’s implementation of its family separation policy should ultimately be undisputed, for the facts are readily available from the Government’s own recent records and public statements. The Parents’ motion for limited, expedited discovery, which will be filed near the time of this Application, only seeks to efficiently place in evidence the Government’s public actions and avoid the need for testimony at preliminary injunction hearing, in accord with Local Civil Rule 65.1(d). 3 Case 1:18-cv-01458-PLF Document 13 Filed 06/26/18 Page 4 of 23 monitoring, accommodating, and removing alien parents or legal guardians of minor children while safeguarding their parental rights.” ICE defined “parental rights” to mean “[t]he fundamental rights of parents to make decisions concerning the care, custody, and control of their minor children without regard to the child’s citizenship, as provided for and limited by applicable law.” ECF No. 1-1 at 1-2. On August 23, 2017, Defendant ICE formally rescinded its commitment to maintain a comprehensive process for safeguarding the fundamental rights of parents. ECF No. 1-2 at 1. Then, in late 2017, Defendants made a policy choice to begin forcible separation of immigrant parents from their children without regard to parental fitness. See ECF No. 1-4 at 1; U.S. v. Dominguez-Portillo, No. EP-17-MJ-4409, 2018 WL 315759 at *1-8 (W.D. Tex. Jan. 5, 2018). This policy change was not the result of any change in any statute or regulation. Rather, the policy change resulted from decisions made by the Government and announced, at least in part, by the Attorney General on April 6, 2018. On that day, the Attorney General announced a “zero tolerance” policy for violations of 8 U.S.C. § 1325(a), and directed the Department of Justice to accept for prosecution all referrals of § 1325(a) complaints from ICE and CBP. ECF No. 1-3. Although entering the United States without inspection is a crime, 8 U.S.C. § 1325(a), it is “quite literally one of the least serious federal offenses.” Dominguez-Portillo, 2018 WL 315759 at *8 & n.14. Congress defines a first violation of § 1325(a) as a “petty misdemeanor” punishable by up to six months’ incarceration. 18 U.S.C. § 19. When a defendant has no criminal or immigration history, most § 1325(a) prosecutions are resolved with a sentence of “time served,” so that the arrest, charge, plea, and sentence are all completed within five or fewer days after arrest. Declaration of Chris Carlin at ¶¶ 3-4 (June 25, 4 Case 1:18-cv-01458-PLF Document 13 Filed 06/26/18 Page 5 of 23 2018), ECF No. 13-7; One Court’s Daily Docket (June 12, 2018), ECF No. 1-6; DHS Retraction Policy at 1-2 (June 23, 2018), ECF No. 13-2. Moreover, a violation of § 1325(a) does not prevent any person from exercising the right to seek asylum pursuant to 8 U.S.C. § 1158. DHS Policy, ECF No. 1-4 at 2. Under the “zero-tolerance” policy, the Government charged adults with violating § 1325(a), and placed the adults into custody as pre-trial detainees for a period of hours to a few days. See. FED. R. CRIM. P. 5(a) (“without unnecessary delay”); Manuel v. City of Joliet, Ill., 137 S. Ct. 911, 928 (2017) (“when an arrest is made without a warrant, the arrestee, generally within 48 hours, must be brought before a judicial officer”). The Government then used the fact of this form of pre-trial detention as a reason to separate the adults from their children indefinitely. The Government’s representatives have clearly stated the purpose of separation. John Kelly is currently White House Chief of Staff. He also served as immediate predecessor to Defendant Kirstjen Neilsen. On May 11, 2018, Mr. Kelly stated that the Administration’s objective for family separation is to deter families from coming to the United States: Mr. Burnett: Are you in favor of this new move announced by the attorney general early this week that if you cross the border illegally even if you're a mother with your children [we're going] to arrest you? We're going to prosecute you, we're going to send your kids to a juvenile shelter? Mr. Kelly: The name of the game to a large degree . . . . a big name of the game is deterrence. Mr. Burnett: Family separation stands as a pretty tough deterrent. Mr. Kelly: It could be a tough deterrent — would be a tough deterrent. A much faster turnaround on asylum seekers. Mr. Burnett: Even though people say that's cruel and heartless to take a mother away from her children? 5 Case 1:18-cv-01458-PLF Document 13 Filed 06/26/18 Page 6 of 23 Mr. Kelly: I wouldn't put it quite that way. The children will be taken care of — put into foster care or whatever. But the big point is they elected to come illegally into the United States and this is a technique that no one hopes will be used extensively or for very long. John Burnett, Transcript: White House Chief of Staff John Kelly’s Interview With NPR, National Public Radio (May 11, 2018), ECF No. 13-14, https://www.npr.org/2018/05/11/610116389/transcript-white-house-chief-of-staff-john-kellysinterview-with-npr. A year earlier, as Secretary of DHS, Mr. Kelly told a television audience that “in order to deter [immigration], I am considering [a family separation policy].” Daniella Diaz, Kelly: DHS Is Considering Separating Undocumented Children from Their Parents at the Border, CNN (Mar. 7, 2017), video clip at 00:55 to 01:05, ECF No. 13-16, https://www.cnn.com/2017/03/06/politics/john-kelly-separating-children-from-parentsimmigration-border/index.html. HHS officials have also stated at press briefings that they separate families as a way to deter future asylum seekers and other families from entering the United States. See, e.g., Julia Preston, What you should know about Family Separations¸ THE MARSHALL PROJECT (June 19, 2018), ECF No. 13-15 (“Steven Wagner, the Acting Assistant Secretary in charge of children and families at the Department of Health and Human Services, who oversees the shelter system [for minors], explained one goal in a telephonic media briefing on Tuesday[, June 19]: ‘We expect the new policy will result in a deterrence effect,” Wagner said. “We certainly hope that parents stop bringing kids on this dangerous journey and entering the country illegally.”), https://www.themarshallproject.org/2018/06/19/what-you-should-knowabout-family-separations. Since April 2018, the Attorney General’s zero-tolerance policy has produced thousands of additional § 1325(a) prosecutions, mass trials, and overburdened courts. See, e.g., Lomi Kriel, New ‘zero tolerance’ policy overwhelms South Texas courts, Houston Chronicle (June 9, 2018), 6 Case 1:18-cv-01458-PLF Document 13 Filed 06/26/18 Page 7 of 23 ECF No. 13-17, https://www.houstonchronicle.com/news/houston-texas/texas/article/New-zerotolerance-policy-overwhelms-South-12981190.php. And beginning slowly in late 2017 and progressing rapidly after April 2018, the Government has now forcibly separated over two thousand immigrant parents from their children without regard to parental fitness. DHS Retraction Policy at 3 (June 23, 2018), ECF No. 13-2; Declaration of Chris Carlin at ¶ 5 (June 25, 2018), ECF No. 13-7; Dominguez-Portillo, 2018 WL 315759 at *8 & n.14. On Wednesday, June 20, 2018, the President issued an Executive Order directing agencies to halt most new family separations. Executive Order No. 13841, 83 FED. REG. 29435, 2018 WL 3093128 (June 20, 2018), ECF No. 13-1. On Saturday June 23, 2018, the Government announced plans to reunite some separated families, but did so without: (a) making a binding commitment to reunite all families who the Government separated exclusively as a result of zero-tolerance and for no other reason; (b) stating when families would be reunited; or (c) stating the terms on which reunification would occur. DHS Retraction Policy at 1-4 (June 23, 2018), ECF No. 2. C. Forced Separation Harms Children and Parents Forced separation of parents from their children causes trauma to both, which can be severe, and which can endanger their physical and mental health. Declaration of Dr. Griffin at ¶¶ 4-10 (June 15, 2018), ECF No. 13-10; Declaration of Dr. Linton at 2 (June 15, 2018), ECF No. 13-11; Declaration of Dr. Shapiro ¶ 16 (June 18, 2018), ECF No. 13-12 (“I can say confidently that separation can lead to further trauma of these children (and their parents) with possible irreparable damage.”); see also Jeffrey C. Mays and Matt Stevens, Honduran Man Kills Himself After Being Separated From Family at U.S. Border, Reports Say, New York Times (June 10, 7 Case 1:18-cv-01458-PLF Document 13 Filed 06/26/18 Page 8 of 23 2018), ECF No. 13-18, https://www.nytimes.com/2018/06/10/us/border-patrol-texas-familyseparated-suicide.html. Each of these factors increase the trauma of forced separation: (a) the duration of separation is indefinite, and unknown to parent or child; (b) the child is young; (c) parent and child are denied information about one another during separation; and (d) parent or child have pre-existing trauma. Declaration of Dr. Griffin at ¶¶ 9-12 (June 15, 2018), ECF No. 13-10; Declaration of Dr. Linton at ¶ 4 (June 15, 2018), ECF No. 13-11; Declaration of Dr. Shapiro at ¶ 16 (June 18, 2018), ECF No. 13-12; Declaration of Dr. Athan at ¶¶ 5-6 (June 21, 2018), ECF No. 8-4; Declaration of Dr. Fortuna at ¶ 12 (June 21, 2018), ECF No. 8-5. Accordingly, the American Academy of Pediatrics concludes that “[s]eparation of a parent or primary caregiver from his or her children should never occur, unless there are concerns for safety of the child at the hand of a parent.” AAP POLICY STATEMENT: DETENTION OF IMMIGRANT CHILDREN at 7 (March 13, 2017), ECF No. 1-7. After the Government implemented its family separation policy, major medical associations, including the American Medical Association, the National Academy of Sciences, the American College of Physicians, the American Psychological Association, the American Psychiatric Association, the American College of Emergency Physicians, and a group of over 5,000 medical professionals and experts, have voiced their strong opposition to family separation due to the trauma that separation inflicts upon parents and children. Medical Association Letters (circa June 2018) at 9-57, ECF No. 13-13. The Government has never suggested that a contrary medical opinion exists. 8 Case 1:18-cv-01458-PLF Document 13 Filed 06/26/18 Page 9 of 23 ARGUMENT Courts “consider four factors when deciding whether to grant a preliminary injunction: whether the plaintiff will be irreparably harmed if the injunction does not issue; whether the defendant will be harmed if the injunction does issue; whether the public interest will be served by the injunction; and whether the plaintiff is likely to prevail on the merits.” Univ. of Tex. v. Camenisch, 451 U.S. 390, 392 (1981). These factors “interrelate on a sliding scale and must be balanced against each other.” Davenport v. Int’l Bhd. of Teamsters, 166 F.3d 356, 361 (D.C. Cir. 1999). “A district court must balance the strengths of the requesting party’s arguments in each of the four required areas.” Chaplaincy of Full Gospel Churches v. England, 454 F.3d 290, 297 (D.C. Cir. 2006). “If the showing in one area is particularly strong, an injunction may issue even if the showings in other areas are rather weak.” Id. Even so, “[i]t is particularly important for the movant to demonstrate a likelihood of success on the merits.” Taseko Mines Ltd. v. Raging River Capital, 185 F. Supp. 3d 87, 91 (D.D.C. 2016). The Parents seek a preliminary injunction directing their immediate reunification with their children. All four factors strongly favor this relief. A. The Parents Are Likely to Succeed on their Claims that Forcible Separation is an Impermissible Burden on Family Integrity and is also Punishment The Parents claim that by maintaining indefinite separation, the Government is inflicting ongoing harm in violation of their Fifth Amendment Due Process rights to family integrity and to be free of punishment. ECF No. 1 ¶¶ 95-104. They are likely to succeed on both claims. The Fifth Amendment mandates that no person shall “be deprived of life, liberty, or property, without due process. of law.” U.S. CONST. amend V. Due Process protects noncitizens who are present on U.S. soil. Plyler v. Doe, 457 U.S. 202, 210 (1982); Mathews v. Diaz, 426 U.S. 67, 77 (1976). The Due Process guarantee has both procedural and substantive 9 Case 1:18-cv-01458-PLF Document 13 Filed 06/26/18 Page 10 of 23 components. Only the substantive component is at issue here. Substantive Due Process bars government interference with certain fundamental rights “regardless of the fairness of the procedures used to implement them.” Daniels v. Williams, 474 U.S. 327, 331 (1986). Two fundamental rights are at issue here: the right to family integrity and the right to be free of punishment. The Government’s separation policy damages family integrity as a form of punishment, thus managing to accomplish two constitutional violations with one policy. The Parents’ likelihood of success in proving either violation would support the immediate reunification they seek. 1. The Government’s Separation Policy Impermissibly Interferes with Family Integrity Substantive Due Process includes the right to family integrity. Quilloin v. Walcott, 434 U.S. 246, 255 (1978). The parent-child relationship is a “basic civil right[] of man” and “far more precious . . . than property rights.” Stanley v. Illinois, 405 U.S. 645, 651 (1972). Indeed, “the interest of parents in the care, custody, and control of their children— is perhaps the oldest of the fundamental liberty interests recognized by” the Court. Troxel v. Granville, 530 U.S. 57, 65 (2000). Substantial Government burdens on family integrity are subject to strict scrutiny, and only survive if the burden is narrowly tailored to serve a compelling state interest. Pittman v. Cuyahoga County Dept. of Children and Fam. Services, 640 F.3d 716, 728 & n.6 (6th Cir. 2011); U.S. v. Breeden, No. 16-cr-0008, 2016 WL 8943168 at *2 (D.D.C. June 3, 2016); U.S. v. Godoy, No. 10-cr-16, 2014 WL 12618708 at *5 (D.D.C. June 13, 2014); O'Donnell v. Brown, 335 F. Supp. 2d 787, 821 & n.16 (W.D. Mich. 2004); see also United States v. Wolf Child, 699 F.3d 1082, 1092 (9th Cir. 2012) (“Interference with” the “fundamental right to familial association” “requires ‘a powerful countervailing interest.’”) (quoting Lassiter v. Dep’t of Social 10 Case 1:18-cv-01458-PLF Document 13 Filed 06/26/18 Page 11 of 23 Servs., 452 U.S. 18, 27 (1981)). To survive strict scrutiny, the Government must show that it employed the least restrictive means of furthering its compelling interest. See Shelton v. Tucker, 364 U.S. 479, 488 (1960) (“even though the governmental purpose be legitimate and substantial, that purpose cannot be pursued by means that broadly stifle fundamental personal liberties when the end can be more narrowly achieved.”); Franz v. United States, 707 F.2d 582, 602 (D.C. Cir. 1983) (“Severance of the relationship between a parent and his child will survive constitutional scrutiny only if . . . it [is] impossible to achieve the goal in question through any means less restrictive of the rights of parent and child”). 3 Here, the Government’s burden on the Parents’ right to family integrity is substantial by any measure. The Government is imposing separation of indefinite duration. See Sosna v. Iowa, 419 U.S. 393, 409-10 (1975) (duration of burden on family choices is constitutionally dispositive); Jordan by Jordan v. Jackson, 15 F.3d 333, 344 (4th Cir. 1994) (emergency removal statute is constitutional because it almost always produces judicial review or return of the child in fewer than 96 hours). The separation imposed by the Government is largely incommunicado, potentially permanent, and absolutely precludes the Parents’ involvement in any aspect of their children’s care, custody, and control, from religion to education. And separation prevents the Parents and children from expressing love for and comfort to one another, arguably any parent’s 3 The Government has previously argued that as a threshold matter, any burden on the right to family integrity must “shock the conscience” to trigger constitutional scrutiny. Many courts reject this view. See, e.g., D.B. v. Cardall, 826 F.3d 721, 740 (4th Cir. 2016); Pittman, 640 F.3d at 728-29; Seegmiller v. Laverkin City, 528 F.3d 762, 767 (10th Cir. 2008). The First Circuit has accepted it. See Aguilar v. ICE, 510 F.3d 1, 21 (1st Cir. 2007). The Parents contend that the Government’s family separation policy indeed shocks the conscience, even though this showing is not required to state a Due Process violation. The Parents submit that the vast national outcry that produced the Government’s ongoing retraction of its family separation policy confirms that the separation policy shocks the nation’s conscience. Compare ECF No. 1-4 (policy) to ECF No. 13-2 (retraction). 11 Case 1:18-cv-01458-PLF Document 13 Filed 06/26/18 Page 12 of 23 most important gifts to a child, gifts that only a parent can give, and gifts that children desperately need as they endure the bewildering experience of incarceration. See Zablocki v. Redhail, 434 U.S. 374, 387 & n.12 (1978) (“The directness and substantiality of the interference” with a fundamental right renders state limits unconstitutional as insufficiently tailored.); see also ECF Nos. 8-4, 8-5, 13-10, 13-11, 13-12, 13-13 (describing medical harm of forced separation). The fact that the Government’s family separation policy imposes a substantial burden on the right to family integrity shifts the burden to the Government to prove that its policy is narrowly tailored to serve a compelling state interest. See Cooper v. Harris, 137 S. Ct. 1455, 1464 (2017); Reno v. Flores, 507 U.S. 292, 302 (1993); see also Santosky v. Kramer, 455 U.S. 745, 769 (1982) (Due Process requires state to prove need for termination of parental rights by “clear and convincing evidence”). Here, the Government cannot prove that any compelling state interest is at stake. While the need to protect children from unfit parents is a well-recognized compelling reason for burdening family integrity, the Government must make some showing of parental unfitness in order to establish such a compelling state interest. See Quilloin, 434 U.S. at 255 (1978) (“[T]he Due Process Clause would be offended if a State were to attempt to force the breakup of a natural family . . . without some showing of unfitness and for the sole reason that to do so was thought to be in the children’s best interest.”); United States v. Loy, 237 F.3d 251, 269-70 (3d Cir. 2001) (“[W]here there is insufficient evidence to support a finding that children are potentially in danger from their parents, the state’s interest cannot be said to be ‘compelling,’ and thus interference in the family relationship is unconstitutional”). In this case, the Government admits that its family separation policy is not designed to protect children. Rather, it was the result of a decision to adopt a “zero tolerance” policy for violations of 8 U.S.C. § 1325, causing separation regardless of parental fitness. DHS Retraction 12 Case 1:18-cv-01458-PLF Document 13 Filed 06/26/18 Page 13 of 23 Policy at 1 (June 23, 2018), ECF No. 13-2 (only a “small number of children . . . were separated for reasons other than zero tolerance”); DHS Separation Policy at 1 (June 15, 2018), ECF No. 14 (“Children whose parents are referred for prosecution will be placed [in ORR custody].”). This proves that the policy serves no compelling state interest and is overbroad. The fact that the policy is overbroad is further proved by the President’s June 20, 2018 Executive Order, which directs the Government to maintain family integrity during § 1325 prosecutions. Executive Order No. 13841, 83 FED. REG. 29435, 2018 WL 3093128 (June 20, 2018), ECF No. 13-1. This Executive Order effectively concedes that the Government’s “zerotolerance” separation policy, ECF No. 1-4, which is still being applied to the Parents today, is not narrowly tailored to serve a compelling government interest. To survive strict scrutiny, the Government would have to show that its policy of family separation was the least restrictive means for furthering its purported interest in protecting its laws and borders. See Franz, 707 F.2d at 602. The Government cannot meet its burden because the Executive Order itself names a less restrictive alternative: detaining parent with child. Executive Order No. 13841 at § 3(a) (June 20, 2018), ECF No. 13-1 (“The Secretary of Homeland Security (Secretary), shall, to the extent permitted by law and subject to the availability of appropriations, maintain custody of alien families during the pendency of any criminal improper entry or immigration proceedings.”). The Government’s pre-2017 experience in maintaining integrity for tens of thousands of noncitizen families only confirms that indefinite separation is not necessary to serve a compelling state interest. See pages 3-5, supra (citing evidence of pre-2017 policy). 2. The Government’s Separation Policy Punishes Civil Detainees As a matter of substantive Due Process, people who are not serving a sentence for crime cannot be subjected to conditions of confinement that “amount to punishment.” Bell v. Wolfish, 13 Case 1:18-cv-01458-PLF Document 13 Filed 06/26/18 Page 14 of 23 441 U.S 520, 536 (1979); see also Edwards v. Johnson, 209 F.3d 772, 778 (5th Cir. 2000) (same for civil immigration detainees). Detention conditions amount to punishment if either: (1) the government expresses an intent to punish; or (2) the conditions are excessive in relation to a legitimate non-punitive purpose. Schall v. Martin, 467 U.S. 253, 269 (1984); Jones v. Blanas, 393 F.3d 918, 932 (9th Cir. 2004). Both tests show that the family separation inflicted on the Parents amounts to unconstitutional punishment. a. The Government Intends to Punish Immigrant Families Direct and circumstantial evidence proves the Government’s intent to inflict punishment on immigrant families, including the Parents. First, the Government’s highest officials have repeatedly stated that the purpose of their family separation policy is to deter immigration. See pages 5-6, supra (citing examples). The Government’s repeated broadcast of its deterrence rationale, including reference to the suffering caused by separation, is itself plainly designed to promote deterrence. Id. Settled law establishes that actions taken to deter future undesirable conduct is punishment proscribed by the Fifth Amendment. See Kansas v. Crane, 534 U.S. 407, 412 (2002) (warning that civil detention may not “become a ‘mechanism for retribution or general deterrence’—functions properly those of criminal law, not civil commitment”) (citations omitted); Bell, 441 U.S. at 570 & n.20 (deterrence is “not [a] legitimate nonpunitive governmental objective”); R.I.L-R v. Johnson, 80 F. Supp. 3d 164, 188-89 (D.D.C. 2015) (The government “maintains that one particular individual may be civilly detained for the sake of sending a message of deterrence to other Central American individuals who may be considering immigration. This appears out of line with analogous Supreme Court decisions.”); see also Austin v. United States, 509 U.S. 602, 621 (1993) (“[A] civil sanction that cannot fairly be said solely to serve a remedial purpose, but 14 Case 1:18-cv-01458-PLF Document 13 Filed 06/26/18 Page 15 of 23 rather can only be explained as also serving either retributive or deterrent purposes, is punishment, as we have come to understand the term.”). Second, before retracting the family separation policy, Government officials also repeatedly stated that unspecified laws required indefinite separation of families whenever a parent is charged with a petty misdemeanor offense under 8 U.S.C. § 1325. DHS Separation Policy at 1 (June 15, 2018), ECF No. 1-4, https://www.dhs.gov/news/2018/06/15/fact-sheet-zerotolerance-immigration-prosecutions-families. 4 Congress has expressly disagreed: Children who are apprehended by DHS while in the company of their parents are not in fact ‘unaccompanied’ and if their welfare is not at issue, they should not be placed in ORR custody. The committee expects DHS to release families or use alternatives to detention such as the Intensive Supervised Appearance Program [(including ankle bracelets)] whenever possible. When detention of family units is necessary, the Committee directs DHS to use appropriate detention space to house them together. House Committee on Appropriations, Department of Homeland Security Appropriations Bill, 2006: report together with additional views (to accompany H.R. 2360), 109th Cong., 1st Session, 2005, H. Rep. 109–79 (quoted in Bunikyte, ex rel. Bunikiene v. Chertoff, No. A-07-cv-164-SS, 2007 WL 1074070 at *2 (W.D. Tex. Apr. 9, 2007)). The Government’s claims as to what unspecified “law” requires are undermined by the fact that even though the text of no statute or regulation changed in any material respect since passage of H.R. 2360, the President simply retracted the family separation policy by Executive Order issued June 20, 2018. While the Parents do not in this action claim that their § 1325(a) prosecutions themselves are pretextual or improper, they do claim that the Government improperly used the prosecutions as a pretext for 4 Of course, no prosecution rationale can justify the family separation inflicted on M.G.U., who did not violate § 1325(a) when she entered the U.S. with her children. The fact that Defendants separated M.G.U. from her children in the absence of a concurrent § 1325(a) prosecution proves that prosecution does not fully explain the Government’s separation policy. 15 Case 1:18-cv-01458-PLF Document 13 Filed 06/26/18 Page 16 of 23 unconstitutionally punishing them by separating them from their children indefinitely. 5 The fact that the Government has stated a pretextual reason for maintaining indefinite separation of families is circumstantial evidence of improper intent to punish. See Kansas v. Hendricks, 521 U.S. 346, 371 (1997) (Kennedy, J., concurring) (“If the object or purpose of the Kansas law had been to provide treatment but the treatment provisions were adopted as a sham or mere pretext, there would have been an indication of the forbidden purpose to punish.”). Finally, the arbitrary administration of harmful detention conditions permits a court to “infer that the purpose of the governmental action is punishment that may not constitutionally be inflicted.” Bell, 441 U.S. at 520-21; see also Allah v. Milling, 876 F.3d 48, 58 (2d Cir. 2017) (inferring punishment from arbitrary administration); Stevenson v. Carroll, 495 F.3d 62, 67-68 (3d Cir. 2007) (allegations of arbitrary treatment state a claim for unconstitutional punishment of pretrial detainee); O’Connor v. Huard, 117 F3d 12, 16 (1st Cir. 1997) (jury was properly instructed that if it found restrictions or conditions were arbitrary, it could infer that the purpose was punishment, and therefore unconstitutional). While the Government has plainly implemented a separation policy, it has done so in a way that invites arbitrary administration. The Government’s policy explicitly refrains from making any commitment that parents will ever be reunited with their children. See DHS Family Separation Policy at 2, ECF No. 1-4 (“Alien children may also present an individual claim for asylum and depending on the circumstances, may undergo separate immigration proceedings.”); id. at 3 (“HHS and ICE can take steps to facilitate family reunification for purposes of removal, consistent with federal law where the parent or legal guardian is capable of providing for the physical and mental well-being of the 5 Moreover, § 1325 prosecutions and sentences are routinely completed within days after arrest by sentences of “time served.” DHS Retraction Policy at 1-2 (June 23, 2018), ECF No. 13-2; One Court’s Daily Docket (June 12, 2018), ECF 1-6; Declaration of Chris Carlin at ¶¶ 3-4 (June 25, 2018), ECF No. 13-7. Thus § 1325 proceedings cannot justify indefinite family separation. 16 Case 1:18-cv-01458-PLF Document 13 Filed 06/26/18 Page 17 of 23 child and comports with the wishes of the parent or legal guardian.”); DHS Retraction Policy at 2 (June 23, 2018), ECF No. 13-2 (“A parent who is ordered removed from the U.S. may request that his or her minor child accompany them. It should be noted that in the past many parents have elected to be removed without their children.”). Defendants specifically renounced any intent to “safeguar[d] . . . parental rights.” Compare ICE 2013 Policy Statement at 1-2, ECF No. 1-1 (commitment to safeguard) with ICE 2017 Policy Statement at 1, ECF No. 1-2 (retraction of commitment). Moreover, even while the Government implemented its forcible separation policy, it arbitrarily selected which families would be separated and which would be released, and it has never claimed that during any period of time, its “zero-tolerance” policy was ever uniformly enforced. b. Indefinite Separation is Patently Excessive in Relation to any Legitimate Non-Punitive Purpose The extreme nature of indefinite family separation alone indicates that the Government is unconstitutionally punishing the Parents and their children. Detention of people in immigration proceedings can serve a legitimate, non-punitive purpose when the detention is necessary “on the basis of those aliens’ risk of flight or danger to the community.” R.I.L-R, 80 F. Supp. 3d at 188. Here, the detention and the conditions of that detention—separation of children—in no way serve a purpose of preventing flight or protecting the community, but is instead a blanket policy applied regardless of danger or flight risk. Three facts independently prove that the Government’s policy is unconstitutionally extreme. First, medical consensus confirms what parents naturally know: indefinite forcible separation of parents from their children, particularly the two-year-old separated in this case, presents a high risk of severe and permanent trauma to innocent children. ECF Nos. 13-10, 1311, 13-12, 13-13. No authority suggests that the Government’s deliberate infliction of possibly 17 Case 1:18-cv-01458-PLF Document 13 Filed 06/26/18 Page 18 of 23 permanent injury on innocent children can be tolerated under our Constitution for any reason whatsoever. Second, the American public’s denunciation of the Government’s family separation policy been strong and sustained. On June 22, 2018 the Office of the United Nations Human Rights Commissioner published a letter warning that that the policy “may amount to torture.” UN Experts to US: “Release migrant children from detention and stop using them to deter irregular migration,” Office of the United Nations Human Rights Commissioner at 2 (June 22, 2018), ECF No. 13-9, https://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=23245&LangID=E ; see also Ms. L. v. ICE, 302 F. Supp. 3d 1149, 2018 WL 2725736 at ¶ 12 (S.D. Cal. June 6, 2018) (the Government’s family separation policy as alleged is “brutal, offensive, and fails to comport with traditional notions of fair play and decency”). Globally, nationally, and viscerally, the public plainly senses the extreme nature of the Government’s policy. Third, civil immigration detainees, including all of the Parents here, “are entitled to more considerate treatment and conditions of confinement than criminals whose conditions of confinement are designed to punish.” Youngberg v. Romeo, 457 U.S 307, 321-22 (1982); see also Lynch v. Cannatella, 810 F.2d 1363, 1373 (5th Cir. 1987) (the Constitution “does not limit the right of excludable aliens detained within United States territory to humane treatment”). Congress has recognized that “the removal of a child from the parents is a penalty as great [as], if not greater, than a criminal penalty . . . .” Santosky, 455 U.S. at 769 (quoting H.R. REP. NO. 951386 at 22 (1978), reprinted in, 1978 U.S.C.C.A.N. 7530. 7545). Moreover, the Eighth Amendment’s cruel and unusual punishment standards serve as an absolute floor for the treatment of civil detainees. See Lock v. Jenkins, 641 F.2d 488, 491-94 & n.6 (7th Cir. 1981) 18 Case 1:18-cv-01458-PLF Document 13 Filed 06/26/18 Page 19 of 23 (“We have no hesitancy in concluding that confinement of these detainees in a prison maintained primarily for the purpose of punishment of convicted persons, under conditions more burdensome than those imposed on the general population of convicted felons, amounts to punishment under Bell v. Wolfish.”); see also WILLIAM J. RICH, MODERN CONSTITUTIONAL LAW § 23:16 (3d ed. and Dec. 2017 Update) (“case law that establishes protection for prison inmates from cruel and unusual punishment may be seen as a floor; persons subject to involuntary commitment are entitled to more protection than the Eighth Amendment cases provide”). Ample Eighth Amendment authority establishes that prison administrators may not exhibit deliberate indifference to the serious medical needs of convicted inmates. See, e.g., Shepherd v. Dall. Cty., 591 F.3d 445, 452-53 (5th Cir. 2009) (denying access to medication). The families here are not convicted inmates, and they have a serious need to maintain family integrity, a need that is obvious to the Government. To the extent that the Government deliberately interferes with this integrity, the Government inflicts serious harm on the Parents and their children. The Government is no more allowed to do this than it is allowed to deliberately ignore the serous medical needs of convicted inmates. B. Separation Irreparably Harms Plaintiffs Every Minute It Persists “It has long been established that the loss of constitutional freedoms, for even minimal periods of time, unquestionably constitutes irreparable injury.” Mills v. District of Columbia, 571 F.3d 1304, 1312 (D.C. Cir. 2009) (internal citations omitted). As a result, “[w]hen an alleged deprivation of a constitutional right is involved, most courts hold that no further showing of irreparable injury is necessary.” 11A WRIGHT & MILLER, FED. PRAC. & PROC. § 2948.1 (2d ed. 2004). 19 Case 1:18-cv-01458-PLF Document 13 Filed 06/26/18 Page 20 of 23 The injury here is irreparable not merely legally, but in fact according to broad and deep consensus medical opinion. Medical Association Letters (circa June 2018), ECF No. 13-13; Declarations, ECF Nos. 8-4, 8-5, 13-10, 13-11, 13-12; see also Stanley v. Illinois, 405 U.S. 645, 647 (1972) (“[P]etitioner suffers from the deprivation of h[er] child[], and the child[] suffer[s] from uncertainty and dislocation.”); J.B. v. Washington County, 127 F.3d 919, 925 (10th Cir.1997) (“[F]orced separation of parent from child, even for a short time, represents a serious infringement upon both the parents' and child's rights.”); Nicolson v. Pappalardo, 685 F. Supp. 2d 142, 145-46 (D. Me. 2010) (“[e]very additional day” of separation causes further harm). Indefinite separation is inflicted on children who are innocent of any wrongful conduct, and parents who are, at most, guilty of a petty misdemeanor. Not only does forced family separation cause unthinkable emotional harm, but it also forces parents and children alike to make critical legal decisions in isolation from one another. Every minute of continued separation increases the risk that family members will have to make final and potentially incongruous decisions about their respective futures in immigration proceedings. Family separation causes irreparable harm through present suffering and because it can cause long-term damage and truly permanent separation. Declaration of Chris Carlin at ¶ 10 (June 25, 2018), ECF No. 13-7. C. The Balance of Equities Strongly Favors Plaintiffs In considering whether to grant a preliminary injunction, the Court should “balance the competing claims of injury and ... consider the effect on each party of the granting or withholding of the requested relief.” Tex. Children’s Hosp. v. Burwell, 76 F. Supp. 3d 224, 245 (D.D.C. 2014) (citations omitted). Where an injunction “will not substantially injure other interested parties,” the balance of equities tips in plaintiffs’ favor. League of Women Voters of 20 Case 1:18-cv-01458-PLF Document 13 Filed 06/26/18 Page 21 of 23 U.S. v. Newby, 838 F.3d 1, 12 (D.C. Cir. 2016) (internal quotation marks and citation omitted). The defendants “cannot suffer harm from an injunction that merely ends an unlawful practice.” Open Cmtys. All. v. Carson, No. 17-cv-2192, 2017 WL 6558502 at *21 (internal quotation marks and citation omitted); accord, e.g., Rodriguez v. Robbins, 715 F.3d 1127, 1145 (9th Cir. 2013). The fact that immigration officials administered identical statutes and regulations through 2017 without inflicting forced separation of families proves that the balance of harms favors the Parents, and the Government should be prevented from implementing their policy against the Parents unless and until they are able to prevail in this litigation after final trial on the merits. While the Government has an obvious legitimate interest in enforcing immigration laws, nothing in federal law suggests that deterring immigration by separating families is a legitimate government objective. Even if deterrence were somehow a permissible rationale, the Government’s forced separation policy is overbroad because it equally deters both lawful and unlawful conduct. See 8 U.S.C. § 1158(a) (right to apply for asylum); see also 8 U.S.C. § 1231 note (“It shall be the policy of the United States not to expel, extradite, or otherwise effect the involuntary return of any person to a country in which there are substantial grounds for believing the person would be in danger of being subjected to torture, regardless of whether the person is physically present in the United States.”). Finally and critically, the government itself also has an important interest in maintaining family integrity: the state also shares the interest of the parent and child in their family’s integrity, see Santosky [v. Kramer, 455 U.S. 745, 766-67 (1982)] (“the parens patriae interest favors preservation, not severance of natural familial bonds”), because the welfare of the state depends in large part on the strength of the family. 21 Case 1:18-cv-01458-PLF Document 13 Filed 06/26/18 Page 22 of 23 Jordan by Jordan v. Jackson, 15 F.3d at 346; see also id. (“The forced separation of parent from child, even for a short time, represents a serious impairment on [parental] rights.”). To be clear, some of the Government’s own interests are served by the injunction sought by the Parents. D. Preliminary Injunction Serves the Public Interest The Executive Branch’s interests are not the same as the public interest. “[T]he public always has an interest in agency compliance with the law.” ViroPharma, Inc. v. Hamburg, 898 F. Supp. 2d 1, 29 (D.D.C. 2012); see also Patriot, Inc. v. HUD, 963 F. Supp. 1, 6 (D.D.C. 1997) (“[T]he public interest is best served by having federal agencies comply with the requirements of federal law.”) (citation omitted); League of Women Voters, 838 F.3d at 12 (“[T]here is a substantial public interest ‘in having governmental agencies abide by the federal laws that govern their existence and operations.’”) (citation omitted)). Our Constitution indicates that the American people’s values do not permit families to be gratuitously broken, and children to be harmed. The world is watching how the Government treats vulnerable immigrant children. The public interest here is in caution, and assurance that the Government’s policies are implemented in compliance with the Constitution prior to any continued deployment. 22 Case 1:18-cv-01458-PLF Document 13 Filed 06/26/18 Page 23 of 23 CONCLUSION Because all relevant considerations weigh heavily in the Parents’ favor, a preliminary injunction is warranted. See O’Donnell Constr. Co. v. District of Columbia, 963 F. 2d 420, 429 (D.C. Cir. 1992). Immigrant families need this Court’s protection, and urgently so. The Parents seek the most prompt possible hearing on this Application as provided in Local Civil Rule 65.1(d), and an order directing their immediate reunification with their children as stated in the attached Proposed Order. June 26, 2018 Respectfully submitted, TEXAS RIOGRANDE LEGAL AID, INC. ________________________________ Jerome Wesevich D.D.C. Attorney No. TX0125 Amanda Chisholm Texas Bar No. 24040684 Peter McGraw Texas Bar No. 24081036 1331 Texas Avenue El Paso, Texas 79901 (915) 241-0534 jwesevich@trla.org Attorneys for Plaintiffs 23 1 of 4 Case 1:18-cv-01458-PLF Document 13-1 Filed 06/26/18 Page 1 of 4 ★ ★ ★ 6/22/2018, 12:21 PM Case Document 13-1 Filed 06/26/18 Page 2 of 4 Sec. 2. De?nitions. For purposes of this order, the following de?nitions apply: ?Alien family? means any person not a citizen or national of the United States who has not been admitted into, or is not authorized to enter or remain in, the United States, who entered this country with an alien child or alien children at or between designated ports of entry and who was detained; and (ii) that person?s alien child or alien children. ?Alien child? means any person not a citizen or national of the United States who has not been admitted into, or is not authorized to enter or remain in, the United States; (ii) is under the age of 18; and has a legal pa rent-child relationship to an alien who entered the United States with the alien child at or between designated ports of entry and who was detained. Sec. 3. Temporary Detention Policy for Families Entering this Country Illega_lly. The Secretary of Homeland Security (Secretary), shall, to the extent permitted by law and subject to the availability of appropriations, maintain custody of alien families during the pendency of any criminal improper entry or immigration proceedings involving their members. The Secretary shall not, however, detain an alien family together when there is a concern that detention of an alien child with the child?s alien parent would pose a risk to the child?s welfare. 2 of4 6/22/2018. 12:21 PM Case Document 13-1 Filed 06/26/18 Page 3 of 4 The Secretary of Defense shall take all legally available measures to provide to the Secretary, upon request, any existing facilities available for the housing and care of alien families, and shall construct such facilities if necessary and consistent with law. The Secretary, to the extent permitted by law, shall be responsible for reimbursement for the use of these facilities. Heads of executive departments and agencies shall, to the extent consistent with law, make available to the Secretary, for the housing and care of alien families pending court proceedings for improper entry, any facilities that are appropriate for such purposes. The Secretary, to the extent permitted by law, shall be responsible for reimbursement for the use of these facilities. The Attorney General shall ?le a request with the US. District Court for the Central District of California to modify the Settlement Agreement in Flores v. Sessions, CV 85-4544 (?Flores settlement?), in a manner that would permit the Secretary, under present resource constraints, to detain alien families together throughout the pendency of criminal proceedings for improper entry or any removal or other immigration proceedings. I. . I. I. .I. .The Attorney General shall, to the extent practicable, prioritize the adjudication of cases involving detained families. Sec. 5. W. Nothing in this order shall be construed to impair or otherwise affect: the authority granted by law to an executive department or agency, or the head thereof; or (ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals. This order shall be implemented in a manner consistent with applicable law 3 of4 6/22/2018. 12:21 PM 4of4 Case Document 13-1 Filed 06/26/18 Page 4 of 4 and subject to the availability of appropriations. This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. DONALD J. TRUMP THE WHITE HOUSE, June 20, 2018. 6/22/2018, 12:21 PM lof4 Case 1: 18- c-v- -O-1458 PLF Document 13- 2 Filed 06/26/18 Page 1 of 4 Official website of the Department of Homeland Security ei @Eitgiiugfgn Fact Sheet: Zero-Tolerance Prosecution and Family Reunification Release Date: June 23, 2018 The Department of Homeland Security (DHS) and Health and Human Services (HHS) have a process established to ensure that family members know the location of their children and have regular communication after separation to ensure that those adults who are subject to removal are reunited with their children for the purposes of removal. The United States government knows the location of all children in its custody and is working to reunite them with their families. As part of the apprehension, detention and prosecution process, illegal aliens, adults and children, are initially detained by US. Customs and Border Protection (CBP) before the children are sent to Office of Refugee Resettlement (ORR) and parents to Immigration and Customs Enforcement (ICE) custody. Each entity plays a role in reuni?cation. This process is well coordinated. US. Customs and Border Protection 0 CBP has reunited 522 Unaccompanied Alien Children (UAC) in their custody who were separated from adults as part of the Zero Tolerance initiative. The reunions of an additional 16 UAC who were scheduled to be reunited on June 22, 2018 were delayed due to weather affecting travel and we expect they will all be reunited with their parents within the next 24 hours. There will be a small number of children who were separated for reasons other than zero tolerance that will remain separated: generally only if the familial relationship cannot be confirmed, we believe the adult is a threat to the safety of the child, or the adult is a criminal alien. 0 Because of the speed in which adults completed their criminal proceedings, some children were still present at a United States Border Patrol (USBP) station 6/24/2018. 9:42 AM Case Document 13-2 Filed 05/26/18 Page 2 of 4 at the time their parentls) returned from court proceedings. In these cases, the USBP reunited the family and transferred them, together, to ICE custody as a family unit. U.S. Immigration and Customs Enforcement 0 ICE has dedicated the Port Isabel Service Processing Center as the primary fa mily reunification a nd removal center for ad ults in their custody. A parent who is ordered removed from the US. may request that his or her minor child accompany them. It should be noted that in the past many pa rents have elected to be removed without their children. 0 ICE has posted information in all of its facilities advising detained parents who are trying to locate, and/or communicate with, a child in the custody of HHS to call the Detention Reporting and Information Line for assistance, which is staffed by live operators Monday through Friday from 8 AM to 8 PM. The information provided by these parents to the call operators will be forwarded to HHS for action. ICE and HHS will coordinate a review of their custodial data to identify where each child is located, verify the pa rent/child relationship, and set up regular communication and removal coordination, if necessary. I Each ICE Field Of?ce has Juvenile Coordinators who manage these cases throughout the immigration court proceedings. 0 Further, ICE maintains a publicly available online detainee locator which can be used to locate adults detained by ICE. This site can be accessed at: http5:/ index ICE has completed the following steps toward reuni?cation: Implemented an identification mechanism to ensure on-going tracking of linked family members throughout the detention and removal process; 0 Designated detention locations for separated parents and will enhance current processes to ensure communication with children in HHS custody; 0 Worked closely with foreign consulates to ensure that travel documents are issued for both the parent and child at time of removal; and 0 Coordinated with HHS for the reuniting of the child priorto the parents? departure from the United States. 2 of4 6/24/2018. 9:42 AM Case 1: 18- c?v- -O-1458 PLF Document 13- 2 Filed 06/26/18 Page 3 of 4 U. S. Health and Human Services Office of Refugee Resettlement Minors come into HHS custody with information provided by DHS regarding how they illegally entered the country and whether or not they were with a parent or adult and, to the extent possible, the pa rent(s) or guardian(s) information and location. There is a central database which HHS and DHS can access and update when a parent(s) or minor(s) location information changes. 0 As ofJune 20th HHS has 2,053 separated minors being cared for in HHS funded facilities, and is working with relevant agency partners to foster communications and work towards reuniting every minor and every parent or guardian via well-established reunification processes. Currently only 17% of minors in HHS funded facilities were placed there as a result of Zero Tolerance enforcement, and the remaining 83% percent arrived to the United States without a parent or guardian. Parent(s) or guardian(s) attempting to determine if their child is in the custody of the Office of Refugee Resettlement (ORR) in HHS Administration for Children and Families should contact the ORR National Call Center m) at 1-800-203-7001, or via email . Information will be collected and sent to HHS funded facility where minor is located. The ORR National Call Center has numerous resources available for children, pa rent(s), guardian(s) and sponsors. 0 Within 24 hours of arriving at an HHS funded facility minors are given the opportunity to communicate with a vetted parent, guardian or relative. While in HHS funded facilities? care, every effort is made to ensure minors are able to communicate (either telephonic or video depending on the circumstances) with their parent or guardian (at least twice per week). However, reasonable safety precautions are in place to ensure that an adult wishing to communicate with a minor is in fact that minor?s parent or guardian. 0 Minors in HS funded facilities are permitted to call both family members and/or sponsors living in the United States and abroad. Attorneys representing minors have unlimited telephone access and the minor may speak to other appropriate stakeholders, such as their consulate, the case coordinator, or child advocate. Additional information on telephone calls, visitation, and mail policies are available in the policy guide. 0 Under publicly available united-states-unaccompanied) policy guide for Unaccompanied Alien Children, the 3 of4 6/24/2018. 9:42 AM _Case Document 13-2 Filed 06/26/18 Page 4 of 4 Office of Refugee Resettlement (ORR) releases minors to sponsors In the following order of preference: parent; legal guardian; an adult relative (brother, sister, aunt, uncle, grandparent or ?rst cousin); an adult individual or entity designated by the parent or legal guardian (through a signed declaration or other document that ORR determines is sufficient to establish the signatory?s parental/guardian relationship); a licensed program willing to accept legal custody; or an adult individual or entity seeking custody when it appears that there is no other likely alternative to long term ORR care and custody. Keywords: UAC Ukeywords/uac) Last Published Date: June 23, 2018 4 of4 6/24/2018. 9:42 AM Case 2:85-cv-04544-DMG-AGR Case 1:18-cv-01458-PLFDocument Document 435-1 13-3 Filed Filed06/21/18 06/26/18 Page Page11ofof23 23 Page ID #:17535 1 2 3 4 5 6 7 8 9 10 11 12 13 CHAD A. READLER Acting Assistant Attorney General AUGUST E. FLENTJE Special Counsel to the Assistant Attorney General Civil Division WILLIAM C. PEACHEY Director COLIN KISOR Deputy Director SARAH B. FABIAN Senior Litigation Counsel U.S. Department of Justice Office of Immigration Litigation District Court Section Box 868, Ben Franklin Station Washington, DC 20442 Telephone: (202) 532-4824 Fax: (202) 616-8962 14 15 Attorneys for Defendants 16 17 UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA 18 19 20 JENNY LISETTE FLORES; et al., Plaintiffs, 21 22 23 24 25 26 27 28 v. JEFFERSON B. SESSIONS III, Attorney General of the United States; et al., Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. CV 85-4544-DMG DEFENDANTS’ MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF EX PARTE APPLICATION FOR RELIEF FROM THE FLORES SETTLEMENT AGREEMENT Case 2:85-cv-04544-DMG-AGR Case 1:18-cv-01458-PLFDocument Document 435-1 13-3 Filed Filed06/21/18 06/26/18 Page Page22ofof23 23 Page ID #:17536 1 2 I. INTRODUCTION When the U.S. Department of Homeland Security (“DHS”) apprehends a 3 4 5 6 family with minor children illegally entering the United States outside a port of entry, it traditionally has three options to choose from: (1) keep the family together by placing the family members at an appropriate residential facility during 7 8 the pendency of their immigration proceedings; (2) separate the family by 9 detaining the parents and transferring the children to U.S. Health and Human 10 11 12 13 Services (“HHS”) custody; or (3) provide the family with a Notice to Appear for removal proceedings, release the family members from custody into the interior of the United States, and accept the now-common reality that families frequently fail 14 15 16 to appear at the required proceedings, thus remaining illegally in the United States. Only the first option accomplishes the dual goals of enforcing federal law 17 18 and keeping families together. Accordingly, in 2015 the Government came to this 19 Court to explain the importance of family detention to both enforcing the 20 21 22 23 immigration laws while avoiding family separation. See Defendants’ Motion to Modify Settlement Agreement, ECF 120 (Feb. 27, 2015). Unfortunately, however, this Court’s construction of the Flores Settlement Agreement eliminates the 24 25 practical availability of family detention across the nation, thus creating a powerful 26 incentive for aliens to enter this country with children in violation of our criminal 27 28 and immigration laws and without a valid claim to be admitted to the United 1 Case 2:85-cv-04544-DMG-AGR Case 1:18-cv-01458-PLFDocument Document 435-1 13-3 Filed Filed06/21/18 06/26/18 Page Page33ofof23 23 Page ID #:17537 1 States, as the Government previously explained. See Declaration of Tae D. 2 Johnson, ECF 120-1 at 2 ¶ 7 (Feb. 27, 2015). 3 4 5 6 Under current law and legal rulings, including this Court's, it is not possible for the U.S. government to detain families together during the pendency of their immigration proceedings. It cannot be done. One reason those families “decide to 7 8 make the dangerous journey to illegally enter the United States is that they expect 9 to be released from custody.” Id. (emphasis added). Following the July 2015 10 11 12 13 ruling, there was a 3 to 5-fold increase in the number of illegal family border crossings. This surge is not a mere coincidence, it is the direct result of the message sent to those seeking illegal entry: we will not detain and deport you. 14 15 16 These realities have precipitated a destabilizing migratory crisis: tens of thousands of families are embarking on the dangerous journey to the United States, 17 18 often through smuggling arrangements, and then crossing the border illegally in 19 violation of our federal criminal law. And as the Government has previously 20 21 22 23 stated, once these families are released into the interior, a vast segment fail to appear at their immigration hearings. See Declaration of Thomas Homan, ECF 184-1, at 14 ¶ 30 (Aug. 6, 2015) (in 2014-2015, out of 41,297 cases involving 24 25 families, 11,976 had already resulted in in abstentia removal orders). This entire 26 journey and ultimate crossing puts children and families at risk, and violates 27 28 2 Case 2:85-cv-04544-DMG-AGR Case 1:18-cv-01458-PLFDocument Document 435-1 13-3 Filed Filed06/21/18 06/26/18 Page Page44ofof23 23 Page ID #:17538 1 criminal laws enacted by Congress to protect the border. Those illegal crossings 2 must stop. 3 Since 2015, the number of families illegally crossing the southwest border 4 5 6 has increased markedly, well beyond the high levels that led to the Government’s request for modification in 2015. Undeniably the limitation on the option of 7 8 detaining families together and the marked increase of families illegally crossing 9 the border are linked. Illegal family crossings and apprehensions that were in the 10 11 12 13 range of 1,000 to 3,000 per month in early 2015 dramatically increased to a range of 5,000 to 9,000 per month in the months after July 2015, when this Court ruled to prevent the Government from detaining families together.1 14 In the absence of congressional action addressing border security and 15 16 immigration, the President has directed the Executive Branch to take three 17 18 immediate steps to ameliorate the crisis. First, the President has directed the 19 Secretary of Homeland Security to retain custody of family units through any 20 21 22 23 criminal improper entry or immigration proceedings, to the extent permitted by law. Executive Order, Affording Congress an Opportunity to Address Family Separation §§ 1, 3, 2018 WL 3046068 (June 20, 2018).2 Second, the President has 24 25 26 27 28 1 See https://www.cbp.gov/newsroom/stats/southwest-border-unaccompaniedchildren/fy-2016. 2 Available at https://www.whitehouse.gov/presidential-actions/affordingcongress-opportunity-address-family-separation/. 3 Case 2:85-cv-04544-DMG-AGR Case 1:18-cv-01458-PLFDocument Document 435-1 13-3 Filed Filed06/21/18 06/26/18 Page Page55ofof23 23 Page ID #:17539 1 directed the Department of Justice to promptly seek relief from this Court from the 2 provisions of the Flores Settlement Agreement that “would permit the Secretary [of 3 4 5 6 Homeland Security] . . . to detain alien families together through the pendency of criminal proceedings for improper entry or any removal or other immigration proceedings.” Id. § 3(e). And the President has directed federal agencies to 7 8 marshal resources to support family custody and to speed up the resolution time for 9 immigration cases involving family units by “prioritiz[ing] the adjudication of 10 11 12 13 cases involving detained families.” Id. §§ 3(c), 3(d), 4. This crisis at the border regarding illegal family crossings mandates that the Government take action. Accordingly, we ask for immediate interim relief from 14 15 16 this Court that would permit family detention during immigration proceedings. This Court should provide limited emergency relief in two respects. First, the 17 18 Court should provide a limited exemption from its construction of the Flores 19 Settlement Agreement’s release provisions so that ICE may detain alien minors 20 21 22 23 who have arrived with their parent or legal guardian together in ICE family residential facilities. Second, the Court should determine that the Agreement’s state licensure requirement does not apply to ICE family residential facilities. 24 25 These changes are justified by several material changes in circumstances—chief 26 among them the ongoing and worsening influx of families unlawfully entering the 27 28 United States at the southwest border. 4 Case 2:85-cv-04544-DMG-AGR Case 1:18-cv-01458-PLFDocument Document 435-1 13-3 Filed Filed06/21/18 06/26/18 Page Page66ofof23 23 Page ID #:17540 1 2 The Government requests that this Court provide a prompt hearing relating to its request. The government has moved expeditiously here given the President’s 3 4 5 6 direction, but is prepared to supplement this request with further factual information in advance of that hearing or at a time requested by the Court, including updating information submitted in connection with the Government’s 7 8 2015 request relating to the circumstances at ICE family residential centers. The 9 Government is also open to promptly discussing other options with Plaintiffs and 10 11 12 13 the Court that will permit families to be kept together at residential facilities during the time needed to complete immigration processing. This Court, given its ongoing exercise of jurisdiction over the Flores Settlement Agreement, has the 14 15 16 authority and responsibility to resolve these growing concerns by immediately permitting family detention. 17 18 II. BACKGROUND 19 In 2015, the Government filed a motion to modify the Flores Settlement 20 21 22 23 Agreement in order to exclude accompanied minors from the Agreement and permit use of ICE family residential centers during immigration proceedings, which would have allowed the Government to exercise this option to keep families 24 25 together to the greatest extent possible during removal proceedings. See 26 Defendants’ Motion to Modify Settlement Agreement, ECF 120 (Feb. 27, 2015). 27 28 In that filing, the Government explained that a “practice of general release 5 Case 2:85-cv-04544-DMG-AGR Case 1:18-cv-01458-PLFDocument Document 435-1 13-3 Filed Filed06/21/18 06/26/18 Page Page77ofof23 23 Page ID #:17541 1 encourages parents to subject their children to this dangerous journey in order to 2 avoid their own detention” and puts “unrelated children at increased risk of 3 4 5 6 trafficking by smugglers who bring them across the border in an attempt to avoid detention by representing themselves as a family unit.” Declaration of Tae D. Johnson, ECF 120-1 at 5 ¶ 11 (Feb. 27, 2015). 7 8 9 In 2015, the Government apprised this Court that a result of not amending the Flores Settlement Agreement could be the separation of families. The 10 11 12 13 Government explained that DHS required “additional, family-appropriate immigration detention capacity to hold families apprehended at the border, without requiring separation of parents from their children.” Defendants’ Opposition to 14 15 16 Motion to Enforce, ECF 121 at 1 (Feb. 27, 2015) (emphasis added). The Government further explained that Plaintiffs’ opposition to family detention 17 18 units—based on an agreement that arose out of litigation that was limited to 19 unaccompanied children—“threatens family unity and ignores the significant 20 21 22 23 growth in the number of children . . . apprehended while unlawfully crossing the southwest border” with and without parents. Id. at 2. The Government urged against an application of the Flores Settlement Agreement that would “mak[e] it 24 25 impossible for ICE to house families at ICE family residential centers, and to 26 instead require ICE to separate accompanied children from their parents or legal 27 28 guardians.” Id. at 17 (emphasis added). 6 Case 2:85-cv-04544-DMG-AGR Case 1:18-cv-01458-PLFDocument Document 435-1 13-3 Filed Filed06/21/18 06/26/18 Page Page88ofof23 23 Page ID #:17542 1 2 This Court denied that motion in July 2015, Order, ECF 177 (July 24, 2015), and the Ninth Circuit affirmed that denial on July 6, 2016, holding that this Court 3 4 5 6 had not abused its discretion. Flores v. Lynch, 828 F.3d 898, 909-10 (9th Cir. 2016). In so ruling, the Ninth Circuit concluded that the Government’s request “to exempt an entire category of migrants from the Settlement” was not “a ‘suitably 7 8 tailored’ response to the change in circumstances.” Id. at 910. The Ninth Circuit 9 acknowledged, however, that “relaxing certain requirements” might be appropriate 10 11 12 13 where a showing of changed circumstances has been made. Id. And in the face of the Government’s warning that family separation could result from this Court’s decision, the Ninth Circuit specifically envisioned separating parents from their 14 15 16 children under the terms of the Agreement – releasing the children while maintaining detention of their parents. Flores, 828 F.3d at 908-09; see Appellants 17 18 19 Ninth Circuit Brief at 61, No. 15-56434 (Jan. 15, 2016). The circumstances created by this application of the Agreement have 20 21 22 23 become untenable. After a significant reduction in family units crossing the border in FY 2015 when the Government was holding families together, see ECF 184-1 at 8 ¶ 17, family crossings away from legal ports of entry nearly doubled in FY 2016, 24 25 as measured by apprehensions. Such apprehensions have only increased annually 26 since that time, except for a brief drop at the start of 2017—including an increase 27 28 this year that, when projected to cover the full year, represents a 17% increase over 7 Case 2:85-cv-04544-DMG-AGR Case 1:18-cv-01458-PLFDocument Document 435-1 13-3 Filed Filed06/21/18 06/26/18 Page Page99ofof23 23 Page ID #:17543 1 the illegal family entries in 2017 and a 30% increase in illegal family entries in 2 2014, the year that prompted the Government’s prior filing with this Court. And 3 4 5 6 the increase in family entries over FY 2015 is 123%, from 39,838 in FY 2015 to a number that, when projected to cover the full year, is 88,670 for FY 2018.3 The year-to-year data follows: 7 8 SW Border Family Apprehensions: 9 Fiscal Year Family Apprehensions 10 2012 11,116 11 2013 14,885 12 2014 68,445 13 2015 39,838 14 2016 77,674 15 2017 75,622 2018 (8 months) 59,113 (12 month projection: 88,670).4 16 17 18 The month-to-month figures show the sharp rise in family border crossings 19 20 during 2015—from a figure in the range of 1,600 to 4,000 before this Court’s July 21 22 23 24 25 26 27 28 The simple projection is based on the assumption that illegal crossers for the remaining four months will arrive at the same rate as in the prior eight months, a projection that does not account for seasonal variations. 4 See https://www.cbp.gov/newsroom/stats/sw-border-migration (2018); https://www.cbp.gov/newsroom/stats/sw-border-migration-fy2017 (2017); https://www.cbp.gov/newsroom/stats/southwest-border-unaccompaniedchildren/fy-2016 (2012-2016). In addition, 34,650 family units who presented at ports of entry on the southwest border this fiscal year were determined to be inadmissible. Id. 3 8 Case 2:85-cv-04544-DMG-AGR Case 1:18-cv-01458-PLFDocument Document 435-1 13-3 Filed Filed06/21/18 06/26/18 Page Page10 10ofof23 23 Page ID #:17544 1 2015 decision, to a figure ranging from 5,000 to nearly 9,000 in the months after 2 the decision:5 3 4 5 III. APPLICABLE LEGAL STANDARDS 6 The Government invokes Federal Rule of Civil Procedure 60(b)(5) and 7 8 60(b)(6) in support of its request to modify the Flores Settlement Agreement. 9 A. Federal Rule of Civil Procedure 60(b)(5) 10 Under Federal Rule of Civil Procedure 60(b)(5), the Court may relieve a 11 12 party from “a final judgment, order, or proceeding [if] applying [the prior action] 13 14 15 16 prospectively is no longer equitable.” Fed. R. Civ. Proc. 60(b)(5); see Frew ex. rel. Frew v. Hawkins, 540 U.S. 431, 441 (2004); McGrath v. Potash, 199 F.2d 166, 167-68 (D.C. Cir. 1952). The party seeking relief “bears the burden of establishing 17 18 that a significant change in circumstances warrants revision of the decree.” Rufo v. 19 Inmates of the Suffolk County Jail, 502 U.S. 367, 383 (1992). That burden may be 20 21 met by showing “a significant change either in factual conditions or in law.” Id. at 22 384; see also Horne v. Flores, 557 U.S. 433, 447 (2009) (“[T]he passage of time 23 24 25 frequently brings about changed circumstances—changes in the nature of the underlying problem, changes in governing law or its interpretation by the courts, 26 27 28 5 See https://www.cbp.gov/newsroom/stats/southwest-border-unaccompaniedchildren/fy-2016. 9 Case 2:85-cv-04544-DMG-AGR Case 1:18-cv-01458-PLFDocument Document 435-1 13-3 Filed Filed06/21/18 06/26/18 Page Page11 11ofof23 23 Page ID #:17545 1 and new policy insights—that warrant reexamination of the original judgment.”). 2 A motion under this section must be brought “within a reasonable time.” Fed. R. 3 4 5 6 Civ. Proc. 60(c)(1). The Flores Settlement Agreement is an example of what the Supreme Court has termed “institutional reform litigation.” Horne, 557 U.S. at 447 (quoting Rufo, 7 8 502 U.S. at 380). A district court’s ability to modify a decree in response to 9 changed circumstances is heightened in institutional reform litigation. Rufo, 502 10 11 12 13 U.S. at 380. “Because such decrees often remain in place for extended periods of time, the likelihood of significant changes occurring during the life of the decree is increased.” Id. And “the public interest is a particularly significant reason for 14 15 16 applying a flexible modification standard in institutional reform litigation because such decrees ‘reach beyond the parties involved directly in the suit and impact on 17 18 the public’s right to the sound and efficient operation of its institutions.’” Id. at 19 381 (quoting Heath v. De Courcy, 888 F.2d 1105, 1109 (6th Cir. 1989)). 20 21 22 23 B. Federal Rule of Civil Procedure 60(b)(6) Federal Rule of Civil Procedure 60(b)(6) allows a Court to relieve a party from “a final judgment, order, or proceeding for . . . any other reason that justifies 24 25 relief.” Fed. R. Civ. Proc. 60(b)(6). The rule generally is “used sparingly as an 26 equitable remedy to prevent manifest injustice.” United States v. Alpine Land & 27 28 Reservoir Co., 984 F.2d 1047, 1049 (9th Cir. 1993). The frustration of 10 Case 2:85-cv-04544-DMG-AGR Case 1:18-cv-01458-PLFDocument Document 435-1 13-3 Filed Filed06/21/18 06/26/18 Page Page12 12ofof23 23 Page ID #:17546 1 performance of a settlement agreement may provide reason to grant a motion under 2 this Rule. Stratman v. Babbitt, 42 F.3d 1402, 1994 WL 681071, at *4 (9th Cir. 3 4 5 6 Dec. 5, 1994). A motion under this section must be brought “within a reasonable time.” Alpine, 984 F.2d at 1049 (quoting In re Pacific Far East Lines, Inc., 889 F.2d 242, 249 (9th Cir. 1989)). 7 8 IV. ARGUMENT 9 This Court should provide limited emergency relief to enable the 10 11 12 13 Government to keep alien families together. First, the Court should provide a limited exemption from its interpretation of the Flores Settlement Agreement’s release provisions so that U.S. Customs and Immigration Enforcement (ICE) may 14 15 16 detain alien minors who have arrived with their parent or legal guardian together in ICE family residential facilities. Second, the Court should exempt ICE family 17 18 residential facilities from the Agreement’s state licensure requirement. These 19 changes are justified by several material changes in circumstances—including the 20 21 22 23 worsening influx of families unlawfully entering the United States at the southwest border. The Government does not, at this time, ask to be relieved from the 24 25 Agreement’s substantive requirements on the conditions of detention in these 26 facilities. And it does not, at this time, ask to be relieved from any other provision 27 28 of the Flores Settlement Agreement that otherwise affects accompanied (or 11 Case 2:85-cv-04544-DMG-AGR Case 1:18-cv-01458-PLFDocument Document 435-1 13-3 Filed Filed06/21/18 06/26/18 Page Page13 13ofof23 23 Page ID #:17547 1 unaccompanied) minors. Instead, in this motion, the Government asks for limited 2 relief that would promote an important, widely shared goal that has spanned 3 4 5 6 administrations: keeping families together while effectively carrying out removal proceedings required by immigration law. This Court has clear authority to grant these exemptions. It should exercise 7 8 that authority to help keep families together. The Government seeks this 9 emergency relief on an ex parte basis, to enable the Government both to maintain a 10 11 12 13 14 secure southwest border while also avoiding family separations. A. Significant Changes in Circumstances—Including the Ongoing, Worsening Influx of Family Units on the Southwest Border— Show that this Court Should Modify the Flores Settlement Agreement. 15 16 17 18 This Court should modify the Flores Settlement Agreement in light of “significant change[s] in circumstances.” Rufo, 502 U.S. at 383 (modification of a consent decree is appropriate when “a significant change in circumstances warrants 19 20 revision of the decree”). This changed-circumstances standard is met where there 21 have been “changes in circumstances that were beyond the defendants’ control and 22 23 24 25 26 were not contemplated by the court or the parties when the decree was entered.” Id. at 380-81 (discussing Philadelphia Welfare Rights Org. v. Shapp, 602 F.2d 1114, 1119-21 (3d Cir. 1979)). Several significant changes satisfy these standards. 27 28 12 Case 2:85-cv-04544-DMG-AGR Case 1:18-cv-01458-PLFDocument Document 435-1 13-3 Filed Filed06/21/18 06/26/18 Page Page14 14ofof23 23 Page ID #:17548 1 2 First, since the Agreement was entered, the number of persons illegally crossing the border in family units has dramatically increased and has materially 3 4 5 6 changed from what the parties or Court could reasonably have contemplated. That increase has consisted in significant measure of children who are accompanied by their parents. Although the Ninth Circuit previously found that the parties 7 8 “expressly anticipated an influx” when the Agreement was signed, Flores, 828 9 F.3d at 909, nothing suggests that the parties anticipated that this increase would 10 11 12 13 consist largely of children who were accompanied by their parents. Indeed, the Agreement arose from litigation solely about unaccompanied minors. A modification is warranted to account for the important, widely shared interest in 14 15 16 keeping families together. The current situation is untenable. As the Government explained in 2015, 17 18 aliens cross the border illegally relying on promises from traffickers that “they will 19 not be detained but instead will be released.” Declaration of Tae D. Johnson, ECF 20 21 22 23 120-1 at 2 ¶ 7. (Feb. 27, 2015). Such an incentive structure increases the chances that an alien without a valid claim for relief in the United States will be able to remain here illegally or during lengthy removal proceedings. As the Government 24 25 explained in 2015, “detaining these individuals dispels such expectations, and 26 deters others from unlawfully coming to the United States.” Id. at 4 ¶ 8.. 27 28 Moreover, many of these aliens are smuggled for “significant fees” and those 13 Case 2:85-cv-04544-DMG-AGR Case 1:18-cv-01458-PLFDocument Document 435-1 13-3 Filed Filed06/21/18 06/26/18 Page Page15 15ofof23 23 Page ID #:17549 1 “payments are then used by cartels to fund additional illicit and dangerous 2 activities in the United States and Mexico.” Id. ¶ 9. The more constrained DHS’s 3 4 5 6 ability to detain families together during the period necessary to promptly conduct immigration proceedings, the more likely it is that families will attempt illegal border crossing. As the Government explained in 2015, a “practice of general 7 8 release encourages parents to subject their children to this dangerous journey in 9 order to avoid their own detention” and puts “unrelated children at increased risk 10 11 12 13 of trafficking by smugglers who bring them across the border in an attempt to avoid detention by representing themselves as a family unit.” Id. at 5 ¶ 11. Second, neither the parties nor the Court anticipated that, when the 14 15 16 Government first began applying the Agreement to accompanied minors, as required by this Court’s order, that shift in practice would lead to the current 17 18 situation that incentivizes a dangerous journey by family units with young 19 children, risky illegal entry attempts by families with children, and trafficking of 20 21 22 23 families through Mexico in a manner contrary to the intent of asylum treaties. As explained above, the number of family units crossing the border illegally has increased dramatically since the Government sought relief in 2015—by 30% since 24 25 the 2014 influx that led the Government to seek relief from this Court. Without the 26 option to keep families together during the pendency of removal proceedings, the 27 28 Government must choose between acquiescing to and incentivizing illegal 14 Case 2:85-cv-04544-DMG-AGR Case 1:18-cv-01458-PLFDocument Document 435-1 13-3 Filed Filed06/21/18 06/26/18 Page Page16 16ofof23 23 Page ID #:17550 1 immigration by releasing all family groups, or detaining the parents but separating 2 the family (as a result of the Agreement, as interpreted). These are precisely the 3 4 5 6 sorts of changes that warrant “relax[ation] [of] certain requirements” of the Agreement. Flores, 828 F.3d at 910. Third, class-action litigation has been filed challenging the legality of family 7 8 separation. In one case, the plaintiffs seek class-wide relief requiring DHS to 9 discontinue family separation. See Ms. L. v. U.S. Immigration and Customs 10 11 12 13 Enforcement, Motion, No. 18-428, ECF No. 48-1, at 26 (S.D. Cal.); see also Mejia-Mejia v. ICE, No. 18-1445, Complaint ¶ 4 (D.D.C. filed June 19, 2018) (“If, however, the government feels compelled to continue detaining these parents and 14 15 16 young children, it should at a minimum detain them together in one of its immigration family detention centers”). Yet in declining the Government’s 17 18 previous request to amend the Flores Settlement Agreement, the Ninth Circuit held 19 that family separation is permissible under the Agreement, and reversed this 20 21 22 23 Court’s holding that the Agreement required the release of both the parents and children to maintain family unity. See Flores, 828 F.3d at 910 (Flores Settlement Agreement “provides no affirmative release rights for parents”). It cannot be the 24 25 case—nor is it consistent with immigration law—that the Government’s only 26 option, when facing a crisis of illegal border crossings, is simply to permit such 27 28 illegality by releasing all aliens after apprehension with full knowledge that later 15 Case 2:85-cv-04544-DMG-AGR Case 1:18-cv-01458-PLFDocument Document 435-1 13-3 Filed Filed06/21/18 06/26/18 Page Page17 17ofof23 23 Page ID #:17551 1 voluntary appearance for removal proceedings is increasingly rare. This point was 2 true when the Government made it in 2015, and it remains true today. 3 4 5 6 Finally, the President has identified this issue as a significant problem warranting focused attention throughout the Executive Branch. See Executive Order, Affording Congress an Opportunity to Address Family Separation (June 20, 7 8 2018). In doing so, he has directed significant resources to provide adequate 9 facilities where families can be together, and the prioritization of their immigration 10 11 12 13 proceedings to minimize the amount of detention. Id. § 4 (the “Attorney General shall, to the extent practicable, prioritize the adjudication of cases involving detained families”). Those efforts justify renewed consideration of family custody 14 15 16 17 18 19 under the Flores Settlement Agreement. B. Two Narrow Modifications to the Flores Settlement Agreement Are Warranted to Address the Significant Changes in Circumstances. Given the circumstances set forth above, two “tailored” modifications to the 20 21 22 23 Agreement are warranted at this time. Rufo, 502 U.S. at 383 (once the moving party has established that modification is warranted, “the court should consider whether the proposed modification is suitably tailored to the changed 24 25 26 circumstance”). First, the Court should provide the Government an exemption from 27 28 Paragraph 14 of the Agreement so that children may be placed in ICE custody with 16 Case 2:85-cv-04544-DMG-AGR Case 1:18-cv-01458-PLFDocument Document 435-1 13-3 Filed Filed06/21/18 06/26/18 Page Page18 18ofof23 23 Page ID #:17552 1 their parent or guardian, rather than be released to another individual or placed into 2 HHS custody. See Flores Agreement ¶ 14 (requiring INS to “release a minor from 3 4 5 6 its custody” in certain circumstances). So long as paragraph 14 of the Agreement is applied as written to accompanied children, ICE is required to separate parents or guardians from their children in situations where the law requires detention or 7 8 ICE or an immigration judge determines that a parent or guardian should be 9 detained to prevent flight or danger to the community during removal proceedings. 10 11 12 13 Exempting ICE family residential centers from this requirement on the limited basis proposed by the Government will permit DHS to more effectively prevent large numbers of alien families from illegally entering the United States through 14 15 16 the southwest border, while also allowing families to stay together in specially designed facilities during their criminal and removal proceedings. 17 18 19 Second, the Court should provide an exemption for ICE family residential centers from the licensing provisions of the Agreement. Those provisions require 20 21 22 23 that minors “be placed temporarily in a licensed program.” Agreement ¶ 19; Exhibit 1 (laying out the minimum standards for conditions in facilities holding minors). A “licensed program” is one “that is licensed by an appropriate State 24 25 agency to provide residential, group, or foster care services for dependent 26 children.” Agreement ¶ 6. This exemption is necessary because of ongoing and 27 28 unresolved disputes over the ability of States to license these types of facilities that 17 Case 2:85-cv-04544-DMG-AGR Case 1:18-cv-01458-PLFDocument Document 435-1 13-3 Filed Filed06/21/18 06/26/18 Page Page19 19ofof23 23 Page ID #:17553 1 house both adults and children. Exemption from this requirement is tailored to 2 address the immediate influx with which the Government is currently dealing, 3 4 5 6 while providing time for ongoing efforts in Congress to address these issues. And the Government does not now object to the requirement that ICE family residential facilities would continue to meet the standards laid out in Exhibit 1 to the 7 8 Agreement. 9 These are narrow, targeted requests aimed at addressing a specific and 10 11 12 13 growing problem. Notably, while the Government continues to believe that it was incorrect to hold that the Flores Settlement Agreement applies to accompanied minors, the Government does not seek here to “exempt an entire category of 14 15 16 migrants from the Settlement.” Flores, 828 F.3d at 910. Rather, at this time, the Government seeks only to permit family detention under the Agreement given the 17 18 ongoing severe influx of family units at the border.6 The Government does not 19 seek through this motion to exempt accompanied minors—or any other group— 20 21 22 from all of the settlement provisions. The two requested exemptions are the sort of “relax[ation] [of] certain requirements” of the Agreement that the Ninth Circuit 23 24 25 26 27 28 6 The Government continues to disagree that the Flores Settlement Agreement covers accompanied minors and with other aspects of this Court’s rulings interpreting the Agreement, and preserves its arguments in the event of further review . 18 Case 2:85-cv-04544-DMG-AGR Case 1:18-cv-01458-PLFDocument Document 435-1 13-3 Filed Filed06/21/18 06/26/18 Page Page20 20ofof23 23 Page ID #:17554 1 invited the Government to seek. Id. Relaxing these requirements would permit 2 family units to be kept together in appropriate facilities. 3 4 5 6 The equities and human considerations strongly support this narrow relief. Family detention during the pendency of removal proceedings has been a continuing goal of DHS for a considerable time, and across administrations. DHS 7 8 has viewed this authority as critical to addressing the growing influx of family 9 units illegally crossing the southwest border. The inability to employ this option 10 11 12 13 creates a continued incentive for parents to bring their children on the dangerous journey to the United States and to enter the country illegally, rather than at ports of entry. Entering illegally provides two opportunities to remain in the United 14 15 16 States for a family with no valid asylum claim—either if the family evades detection entirely or if the family is caught and then released, the family unit 17 18 disappears. Proposed legislation in Congress seeks to address the issues created by 19 the limitations that the Agreement, as it has been interpreted, places on the 20 21 22 23 Government’s ability to use ICE family residential centers. This process is fluid, but the emergency currently existing on the southwest border requires immediate action. This Court can take such action to help address this urgent problem. 24 25 26 * * * The Government is prepared to make a more thorough showing, if 27 28 necessary, in support of this request to amend the Flores Settlement Agreement. 19 Case 2:85-cv-04544-DMG-AGR Case 1:18-cv-01458-PLFDocument Document 435-1 13-3 Filed Filed06/21/18 06/26/18 Page Page21 21ofof23 23 Page ID #:17555 1 The Government respectfully requests a prompt hearing on its request for 2 immediate relief, together with any additional proceedings the Court believes 3 4 5 6 appropriate. V. CONCLUSION For the above reasons, the Government respectfully asks this Court to grant 7 8 limited emergency relief that would: (1) exempt DHS from the Flores Settlement 9 Agreement’s release provisions so that ICE may detain alien minors who have 10 11 12 13 arrived with their parent or legal guardian together in ICE family residential facilities; and (2) exempt ICE family residential facilities from the Agreement’s state licensure requirement. The Government is not asking to be relieved from the 14 15 16 substantive language of the Agreement on the conditions of detention in these facilities. The Government asks for immediate relief, along with a schedule to 17 18 allow the parties to more fully address the issues raised by this request. 19 20 DATED: June 21, 2018 Respectfully submitted, 21 22 23 24 25 26 27 CHAD A. READLER Acting Assistant Attorney General /s/ August E. Flentje AUGUST E. FLENTJE Special Counsel to the Assistant Attorney General Civil Division 28 20 Case 2:85-cv-04544-DMG-AGR Case 1:18-cv-01458-PLFDocument Document 435-1 13-3 Filed Filed06/21/18 06/26/18 Page Page22 22ofof23 23 Page ID #:17556 1 2 3 4 5 6 WILLIAM C. PEACHEY Director COLIN KISOR Deputy Director /s/ Jeffrey S. Robins JEFFREY S. ROBINS Assistant Director 7 8 9 10 11 12 13 SARAH B. FABIAN Senior Litigation Counsel U.S. Department of Justice Office of Immigration Litigation District Court Section Box 868, Ben Franklin Station Washington, DC 20442 Telephone: (202) 532-4824 Fax: (202) 616-8962 14 15 16 17 Attorneys for Defendants 18 19 20 21 22 23 24 25 26 27 28 21 Case 2:85-cv-04544-DMG-AGR Case 1:18-cv-01458-PLFDocument Document 435-1 13-3 Filed Filed06/21/18 06/26/18 Page Page23 23ofof23 23 Page ID #:17557 CERTIFICATE OF SERVICE 1 2 I hereby certify that on June 21, 2018, I served the foregoing pleading on all 3 4 counsel of record by means of the District Clerk’s CM/ECF electronic filing 5 system. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 /s/ August E. Flentje August E. Flentje Attorney for Defendants Case 1:18-cv-01458-PLF Document 13-4 Filed 06/26/18 Page 1 of 4 DECLARATION OF MS. MGU I am an indivtdual whose initials are MGU. I make the following declaration based on my personal kno ledge and declare under the penalty of perjury pursuant to 28 U.S.C. § 1746 that the following is true and correct: 1. I hav three children. I want to do everything I can to have my children returned to me, and I ave asked my attorneys to file a lawsuit to help get my children back. 2. GVG is my biological 2-year-old son. 3. JVG ·s my biological6-year-old son. 4. WM . is my biological 13-year-old son. 6. 7. Upon reaching the United States, I and my children traveled together to the United States, crossfd the border together, and presented ourselves together at the San Ysidro, CaliD mia Port of Entry on May 4, 2018. I told the border guards that we were seeking 8. We ere immediately detained together in California, and soon afterward transported toget er to the South Texas Family Residential Center near Dilley, Texas. 9. On ay 16, 2018, based on my expression of fear of returning to Guatemala, I was refe ed for an initial screening before an asylum officer, called a "credible fear inte iew." The Asylum Officer spoke with me and my children at the detention center. 1 Case 1:18-cv-01458-PLF Document 13-4 Filed 06/26/18 Page 2 of 4 10. A co ple days after the interview, I was eating lunch with my 2-year old and 6-year old when my 13-year old ran in to tell us that the officers told him we were all leaving hecate we got positive decisions and needed to pack up. 11. The lfficials rushed us, they said we did not have much time, not even enough time to use t e bathroom. After we packed everything up, we were told to wait. It was a diffe ent process than what I had seen other women do when they left the center. 12. Whe we were waiting I saw two officials talking and I could tell by their expressions som thing was not right. More officers came outside, I felt surrounded. Two officers cam up to me and said they had bad news. They told me they were going to separate us 13. We , 1 started crying and through tears I begged, "I don't want to be separated from my child en," and then asked "For how long?" They reassured me it would be "hours" or at most a week. They said the Judge needed to talk to me. They also told me that I needed to be strong for my kids. 14. My 13-year-old held my 2-year-old in one arm and held the hand of my 6-year-old in the other They were escorted away from me crying. This was the last time I saw my kids. 15. Afte officers took my children away, they transported me to a different immigration detention facility for women in Pearsall, Texas. 16. I wo [ y about my children constantly and I do not know when I will see them again. It has b en a month since I saw them. In the first three weeks I talked to them once or twic a week, however it has been over a week since I have been allowed to speak to themi They have never been without me before. 2 Case 1:18-cv-01458-PLF Document 13-4 Filed 06/26/18 Page 3 of 4 17. W en I have been able to talk to them they are all crying, and tny 6-year-old and 13-yearold keep saying that they do not want to be separated from n1e. Except to say this, my 6ye -old is not able to speak; he has a sensitive heart. When I ask how he is, he stays 1 sil nt or choking down tears, he tries to be strong and says, "Bien." Most of the time he jus listens as I talk to my 13-year-old. Talking is too hard for him to do, but he listens to my voice over the phone. 18. I h ve only heard my 2-year-old's voice once since being separated. My 13-year-old has tol me that the 2-year-old is always crying. He needs tne. I an1 the only one who can co fort him and make him stop crying. 19. I h ve talked the most to my 13-year-old. When I am on the phone with him, he is cry ng. He feels alone and is scared. 20. Be ause all of my children have been taken away from me I am depressed. I feel alone wit out them. I do not feel calm even though I have been told they are safe because they are with people that I do not know. I cannot b~ sure they are okay. 21. I h pe to be reunited with my children as soon as possible. I miss them and do not want I declare u der penalty of perjury under the laws ofth~ United States of America that the foregoing i hue and correct, based on my personal knowledge. Executed in Pearsall, Texas on June 13,2018. Ms. MGU 3 Case 1:18-cv-01458-PLF Document 13-4 Filed 06/26/18 Page 4 of 4 {j I, il ear under the penalties of perjury that the attached declaratio~ is true and correct to the best of my abilities. This declaration was read back to me word for ~ord in Spanish, a language in which I am fluent. ~/ 15/9d~ Date Signature La J I, YOf (f) e.j , certify that I English. read the declaration above in its entirety to J\ in Spanis . n both Spanish a G h/J~/ 18 Signature Date V Case Document 13-5 Filed 06/26/18 Page 1 of 1 DECLARATION OF E.F. I, E.F., make the following declaration based on my personal knowledge and declare under penalty of perjury pursuant to 28 U.S.C. 1746 that the following is true and correct: I. I want to do everything I can to be reunited with my child and know that he is safe, and have asked attorneys to ?le a lawsuit to help do these things. 2. B.Y.A.F. is my biological 9-year-old son. He is my only child. We lled our home in Guatemala in order to keep my son and myself safe from threatened harm to our lives. 3. My son and I arrived at the Presidio border together on or around May 14, 2018. The ?rst and only thing we did when we crossed into the United States was to look for American Immigration Officials and ask them to help us. When we finally found them they arrested us and took my son away from me the next day. We cried and begged them not to do this. 4. I think my son is in New York because that is what I have been told by the immigration of?cers. I do not know anything else about his care. I have not been given any clear information about who is caring for him while he is separated from me. or when I will be reunited with him. 5. I have been able to speak to my son only?once since our separation about a month ago and he was very sad and frustrated that we cannot be together. I am very worried about my son. Since we were separated, I feel lonely and desperate. I have had trouble eating and sleeping and I often wake up crying. I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct, based on my personal knowledge. Executed in El Paso. El Paso County, Texas on June Ii, 2018. ax E.F. Certi?cate of Translation 1, Ashley Martinez, am ?uent in both English and Spanish. I read and translated the foregoing declaration to ER who has stated to me that she June 2018 Ashley Martinez Case 1:18-cv-01458-PLF Document 13-6 Filed 06/26/18 Page 1 of 2 DECLARATION OF A P -F 1. I, P -F , make this declaration based on my personal knowledge and declare under oath pursuant to 28 U.S.C. § 1746 that the following is true and correct. 2. My biological daughter is C P -R . She is 12 years old. 3. Immigration officials took my daughter away from me on June 4, 2018. We had just entered the United States of America the same day. We were very tired and hungry from our journey. When we saw the immigration officials we asked them for help and they arrested us. I tried to explain that we were in the United States to ask for asylum because I had been shot, assaulted, and me and my family had received death threats in Honduras. 4. The immigration officials brought us to a station in Brownsville, Texas. The officials took my daughter away from me after we arrived at the station. I haven ot heard or seen my daughter since they separated us. It has been 8 days and I do not know anything about where my daughter is or how she is doing. 5. I have not been able to sleep because I have not seen my daughter. I worry about her all the time and I cry when I think of her. 6. I declare under penalty of perjury of the laws of the United States that the foregoing is true and correct based on my personal knowledge. Case 1:18-cv-01458-PLF Document 13-6 Filed 06/26/18 Page 2 of 2 fJ I, , under pains and penalty of peljury state and declare that the above affidavit is an accurate account of my oral declaration. I further certify that the above information is true and correct. Oft Nam f 0-12 -I B Date CERTIFICATE OF TRANSLATION I, Marlene Chavez, hereby certify that the above is an accurate translation of A P declaration from Spanish to English and that I am competent in both Spanish and English to render such translation. I read it back to him in Spanish and he indicated that it was true and correct. JJJJ)U--t {r/2.-/TJ Date Case 1:18-cv-01458-PLF Document 13-7 Filed 06/26/18 Page 1 of 10 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA M.G.U., et al., Plaintiffs, v. U.S. DEPARTMENT OF HOMELAND SECURITY, et al., Defendants. § § § § § § § § § § No. 18-CV-1458-PLF Civil Action DECLARATION OF CHRIS CARLIN I, Chris Carlin, make the following declaration based on my personal knowledge that the following is true and correct: 1. I am licensed to practice law in Texas. I have been employed by the Office of the Federal Public Defender for the Western District of Texas since 2001. I currently serve as the Supervisory Assistant Federal Public Defender for the Pecos Division. The Pecos Division is a border division in the Big Bend region of Texas with a high volume of immigrationrelated criminal cases. 2. In my capacity as an Assistant Federal Public Defender, I am familiar with prosecutions undertaken by the United States Department of Justice under Title 8 U.S.C. § 1325, the primary statute utilized for prosecution for illegal entry into the United States. In the past five years, I personally have represented more than 2000 clients in § 1325 prosecutions. I have supervised other attorneys within my office in many thousands of additional § 1325 prosecutions. 3. In the vast majority (over 95%) of § 1325 prosecutions involving no criminal or immigration history, the person will choose to plead guilty after the initial appearance and will be sentenced by the magistrate judge. In my experience, federal magistrate judges are inclined to give a sentence to such a person of either the time they have already served in custody or a sentence of one year of probation. If a person does have some criminal or immigration history, the magistrate judge is inclined to give a sentence that is proportionate to the seriousness of the person's criminal and immigration history. This sentence is typically low (a matter of days or weeks) considering that the person is charged with a petty misdemeanor rather than a felony. 1 Case 1:18-cv-01458-PLF Document 13-7 Filed 06/26/18 Page 2 of 10 4. A typical timeframe for a § 1325 prosecution resulting in a guilty plea, from arrest to conviction and judgement, is less than five business days. 5. Beginning in May of2018, my office experienced a sharp increase in the number of§ 1325 clients who had been separated from their children. We were appointed to 15 such cases the week of May 14 to May 18,2018. This was unprecedented for my office, especially considering the comparatively low number of family arrivals in the Big Bend region. 6. On May 18, I was appointed to represent three Guatemalan clients accused of violating Title 8 U .S.C. § 1325 who had been separated from their children. The three cases are Maria Santiago-Sanchez, Pecos 18-MJ-1631, Fidelina Pascual-Leiva, Pecos 18-MJ-1629, and E F , Pecos 18-MJ-1625. E F made a credible-fear claim when she was processed by Border Patrol agents after her arrest. Ms. Santiago-Sanchez and Ms. Pascual-Leiva did not claim credible-fear. These three women were accompanied by their children, ages 9, 8, and 9 respectively. I discovered that these women were separated from their children during our initial interview. They demanded a trial at the time of their initial court appearance, which is itself unusual. 7. My clients were extremely upset because they had no infonnation concerning their children. I directed my staff to locate the children. My staff was unable to locate the children at any El Paso-area foster home or in any immigration detention center. My staff utilized Diocesan Migrant and Refugee Services (DMRS), a faith-based non-profit immigration legal clinic located in El Paso, Texas, in an attempt to locate the children. In the past, DMRS has often provided my office with assistance in immigration matters including the representation of children and families. Based on my experience, DMRS has extensive and reliable contacts for locating and contacting family members in immigrationrelated matters in El Paso. DMRS informed my staff that they were unable to locate my clients' children. Through a colleague at another border division, I obtained information that several younger children in parallel circumstances had recently been transferred to New York state. My colleague provided two email contacts for Department of Health and Human Services, Office of Refugee Resettlement pers01mel to contact regarding the location of the children, James De LA Cruz and Latise Benn. I emailed both of the contacts regarding the children on Saturday, June 2nd but did not receive a reply from Mr. De LA Cruz until Saturday, June 23rd. Mr. De LA Cruz initially informed me that ORR could not locate the children in the ORR database and forwarded some flyers that might help the parents locate the children. About 20-30 minutes later, Mr. De LA Cruz sent a second email confirming that the children were in ORR custody. I have attached true and correct copies of my email correspondence to this affidavit with my clients' consent. 8. Through the criminal discovery process in these three cases, I obtained reports and discovery relevant to the defense, including the I-213 reports. I discovered that the I-213 2 Case 1:18-cv-01458-PLF Document 13-7 Filed 06/26/18 Page 3 of 10 reports and other immigration-related reports in these cases made no mention that my clients had been accompanied by their children at the time of their arrest and apprehension. In these circumstances, my clients' permanent immigration files are unlikely to contain any reference that they arrived in the United States with their children. In response to my requests regarding the whereabouts of the children, the Government disclosed the day before trial that the children had been placed in Cayuga Centers, a foster care center located in Manhattan, New York. My staff was able to contact the foster care center and confirm the placement of the children in foster care shortly after my clients' arrests. My staff was able to provide the children's case workers with information regarding my clients' locations and contact information in Marshals Service custody in Texas. Prior to this contact, the children's case workers had no contact information concerning the children's mothers. I was able to inform my clients about the location and custody of their children. 9. The three cases were consolidated and a trial was held on June 6, 2018. The evidence in the cases demonstrated that the three women and their children had entered the United States .3 miles from the international bridge spanning the Rio Grande between Presidio, Texas and Ojinaga, Mexico at 4:30p.m. on May 14, 2018. They were part of a group of30 persons who entered the United States at the same time and place. The group then walked towards the international bridge on the levee that abuts the Rio Grande. The entire group, including the three women and their children, were arrested by a Border Patrol agent. The women were 600 yards from the Customs and Border Protection pedestrian lane on the international bridge at the time of arrest. The three women were subsequently convicted and sentenced to time-served. An order releasing the women from Marshals Service custody was entered on June 8, 2018. Their case is under appeal. As of the writing of this affidavit, Maria Santiago-Sanchez and Fidelina Pascual-Leiva are in immigration custody at the West Texas Detention Facility in Sierra Blanca, Texas awaiting removal back to Guatemala. Their sons are in foster care in New York. E F is in immigration custody at the El Paso Processing Center, awaiting a determination of her credible-fear claim. Her son is in foster care in New York. 10. The vast majority of my clients live in poverty. Many do not have telephones or fixed home addresses and cannot easily be contacted or located after they have been deported. In the cases of which I am personally familiar, there appears to be no plan to assure future unification of parent and child before or after the parent is deported. I believe that the placement of my clients' children in foster care or in alternative immigration custody in the United States under these circumstances is likely to result in the children's continued presence in the United States after their parents are deported. II. I am unaware of any law or rule of criminal procedure that contemplates the lengthy or potentially permanent separation of parent and child as an integral consequence of a petty misdemeanor prosecution. 3 Case 1:18-cv-01458-PLF Document 13-7 Filed 06/26/18 Page 4 of 10 Pursuant to 28 U.S.C. § 1746, I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct, based on my personal knowledge. Signed in Alpine, Texas on June U5 '",""'2018. Chris Carlin 4 Case Document 13-7 Filed 06/26/18 Page 5 of 10 Case 1:18-cv-01458-PLF Document 13-7 Filed 06/26/18 Page 6 of 10 Chris Carlin From: Sent: To: Cc: Subject: Attachments: De LA Cruz, James (ACF) Saturday, June 23, 2018 10:12 PM Chris Carlin; Benn, Latise (ACF) Mary Alvarado-Cloud; Yvette Lujan; Michael Benavides RE: Child Separation Cases Non-Detained Parents Flyer_v2.pptx; Detained Parents Flyer_v3.pptx Hi Chris, Passing some flyers on to you that might help your clients locate their children. If your clients are attempting to use the numbers but for some reason cannot let me know and I will have a DHS staff contact you. In regards to your clients we did not locate them in our database. I will request assistance from another agency to locate the children. Once I receive a response I will let you know the outcome. James S. De La Cruz DHHS/ACF/ORR/DCS Senior Federal Field Specialist Supervisor Office of Refugee Resettlement Division of Children's Services Mary E. Switzer Building, 5th Floor (Room: 5223) 330 C Street SW Washington, DC 20201 Office: 202-690-8477 Cell: 202-680-9355 Fax: 202-401-1022 http://www.acf.hhs.gov/programs/orr/programs/ucs From: Chris Carlin Sent: Saturday, June 02, 2018 8:26PM To: De LA Cruz, James (ACF) ; Benn, Latise (ACF) Cc: Mary Alvarado-Cloud ; Yvette Lujan ; Michael Benavides Subject: Child Separation Cases Mr. De La Cruz and Ms. Benn, I have been appointed to represent three clients in criminal prosecutions in the Pecos Division of the Western District of Texas. My appointment and representation in these cases can be independently confirmed by contacting the United States Clerks Office for the Pecos Division. The cases are: United States v. Maria Santiago-Sanchez, Pecos 18-MJ-1631 United States v. Fidelina Pascual-Leiva, Pecos 18-MJ-1629 1 Case 1:18-cv-01458-PLF Document 13-7 Filed 06/26/18 Page 7 of 10 United States v. E F , Pecos 18-MJ-1625 My clients are charged with illegal entry in violation of Title 8 U.S.C. 1325. My clients report that they were separated from their children at the time of their arrest and do not know where their children are. I have checked with the nearest (EI Paso) foster care contacts knows to me and cannot locate the children. I was given your contact information and told that you might be able to help locate the children. I can provide the following details: 1. Mother- Fidelina Pascual-Leiva A 558 P -L dob: son Detained on May 14, 2018 in Presidio, TX Event/Case No. PRS1805000017 2. Mother- E F son- B rL A -F dob: Detained on May 14,2018 in Presidio, TX Event/Case No. PRS1805000017 3. Mother- Maria Santiago-Sanchez son- D A R -S dob: (Note: this child is likely fluent in the lxil language and has limited Spanish ability.) Detained on May 14, 2018 in Presidio, TX Event/Case no. PRS1805000017 Any help you can extend in locating the children would be greatly appreciated. Chris Carlin Assistant Federal Public Defender Federal Public Defender's Office 108 N. 10th Street, Alpine Texas, 79830 432/837-5598 2 Case 1:18-cv-01458-PLF Document 13-7 Filed 06/26/18 Page 8 of 10 Chris Carlin From: Sent: To: Cc: Subject: De LA Cruz, James (ACF) Saturday, June 23, 2018 10:36 PM Chris Carlin; Benn, Latise (ACF) Mary Alvarado-Cloud; Yvette Lujan; Michael Benavides RE: Child Separation Cases Correction, We do have these UAC in our custody. Please see their A numbers below. I believe that we now also have the location of the parents. If the parent has not been contact to date please let us know. (Maybe Latise has already reached out. Apologies if she has.) James S. De La Cruz DHHS/ACF/ORR/DCS Senior Federal Field Specialist Supervisor Office of Refugee Resettlement Division of Children's Services Mary E. Switzer Building, 5th Floor (Room: 5223) 330 C Street SW Washington, DC 20201 Office: 202-690-8477 Cell: 202-680-9355 Fax: 202-401-1022 http://www.acf.hhs.gov/programs/orr/programs/ucs 1 Case 1:18-cv-01458-PLF Document 13-7 Filed 06/26/18 Page 9 of 10 From: De LA Cruz, James (ACF) Sent: Saturday, June 23, 2018 11:12 PM To: 'Chris Carlin' ; Benn, Latise (ACF) Cc: Mary Alvarado-Cloud ; Yvette Lujan ; Michael Benavides Subject: RE: Child Separation Cases Hi Chris, Passing some flyers on to you that might help your clients locate their children. If your clients are attempting to use the numbers but for some reason cannot let me know and I will have a DHS staff contact you. In regards to your clients we did not locate them in our database. I will request assistance from another agency to locate the children. Once I receive a response I will let you know the outcome. James S. De La Cruz DHHS/ACF/ORR/DCS Senior Federal Field Specialist Supervisor Office of Refugee Resettlement Division of Children's Services Mary E. Switzer Building, 5th Floor (Room: 5223) 330 C Street SW Washington, DC 20201 Office: 202-690-8477 Cell: 202-680-9355 Fax: 202-401-1022 http://www. acf. h hs.gov /programs/orr /programs/ ucs From: Chris Carlin Sent: Saturday, June 02, 2018 8:26PM To: De LA Cruz, James (ACF) ; Benn, Latise (ACF) Cc: Mary Alvarado-Cloud ; Yvette Lujan ; Michael Benavides Subject: Child Separation Cases Mr. De La Cruz and Ms. Benn, I have been appointed to represent three clients in criminal prosecutions in the Pecos Division of the Western District of Texas. My appointment and representation in these cases can be independently confirmed by contacting the United States Clerks Office for the Pecos Division. The cases are: United States v. Maria Santiago-Sanchez, Pecos 18-MJ-1631 United States v. Fidelina Pascual-Leiva, Pecos 18-MJ-1629 United States v. E F , Pecos 18-MJ-1625 My clients are charged with illegal entry in violation of Title 8 U.S.C. 1325. My clients report that they 2 Case 1:18-cv-01458-PLF Document 13-7 Filed 06/26/18 Page 10 of 10 were separated from their children at the time of their arrest and do not know where their children are. I have checked with the nearest (EI Paso) foster care contacts knows to me and cannot locate the children. I was given your contact information and told that you might be able to help locate the children. I can provide the following details: 1. Mother- Fidelina Pascual-Leiva A 558 son- B P -L dob: Detained on May 14,2018 in Presidio, TX Event/Case No. PRS1805000017 2. Mother- E F son- B A -F dob: Detained on May 14,2018 in Presidio, TX Event/Case No. PRS1805000017 3. Mother- Maria Santiago-Sanchez son- D A R -S (Note: this child is likely fluent in the lxil language and has limited Spanish ability.) Detained on May 14,2018 in Presidio, TX Event/Case no. PRS1805000017 Any help you can extend in locating the children would be greatly appreciated. Chris Carlin Assistant Federal Public Defender Federal Public Defender's Office 108 N. 1Oth Street, Alpine Texas, 79830 432/837-5598 3 Case 3:18-cv-00428-DMS-MDD Case 1:18-cv-01458-PLF Document Document 46-113-8 Filed Filed 03/16/18 06/26/18 PageID.847 Page 1 of Page 4 1 of 4 1 CHAD A. READLER Acting Assistant Attorney General 2 WILLIAM C. PEACHEY Director, Office of Immigration Litigation (OIL) 3 U.S. Department of Justice WILLIAM C. SILVIS 4 Assistant Director, OIL District Court Section SARAH B. FABIAN 5 Senior Litigation Counsel NICOLE MURLEY 6 Trial Attorney Office of Immigration Litigation 7 U.S. Department of Justice Box 868, Ben Franklin Station 8 Washington, DC 20442 Telephone: (202) 532-4824 9 Fax: (202) 616-8962 10 ADAM L. BRAVERMAN United States Attorney 11 SAMUEL W. BETTWY Assistant U.S. Attorney 12 California Bar No. 94918 Office of the U.S. Attorney 13 880 Front Street, Room 6293 San Diego, CA 92101-8893 14 619-546-7125 619-546-7751 (fax) 15 Attorneys for Federal Respondents-Defendants 16 17 UNITED STATES DISTRICT COURT 18 SOUTHERN DISTRICT OF CALIFORNIA 19 20 MS. L, Petitioner-Plaintiff, 21 22 Case No. 18cv428 DMS MDD vs. 23 U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, et al., 24 Respondents-Defendants. 25 26 27 28 30 DECLARATION OF MARIO ORTIZ Case 3:18-cv-00428-DMS-MDD Case 1:18-cv-01458-PLF Document Document 46-113-8 Filed Filed 03/16/18 06/26/18 PageID.848 Page 2 of Page 4 2 of 4 1 I, Mario Ortiz, have been a Detention Officer for the San Diego District of U.S. 2 Immigration and Customs Enforcement (ICE), Enforcement and Removal Operations 3 (ERO) since February 1996. Assistant U.S. Attorney Sam Bettwy asked me to make this 4 Declaration about the procedures that ERO San Diego Family Unit currently follows, for 5 purposes of responding to Petitioner Ms L’s motion for preliminary injunction. 6 1. I have been assigned to the Family Unit as Assistant Field Office Director since 7 November 2017, and I am therefore familiar with the procedures that the San Diego Family 8 Unit currently follows. 9 2. When aliens who enter ICE custody claim to be parent and child, they are referred 10 to the Family Unit. ICE’s San Diego Family Unit does not have a policy or practice “of 11 separating migrant families.” The mission of the Family Unit is to make appropriate 12 placement decisions for aliens traveling with children who claim family relationships. When 13 appropriate, the unit ensures the proper care and custody of the children with the HHS 14 Office of Refugee Resettlement. 15 3. When aliens claiming a parent-child relationship are encountered, my unit’s 16 primary considerations are, first, whether there is any doubt about whether they are parent 17 and child and, second, whether there is information that causes a concern about the welfare 18 the child, such as the adult having a significant criminal history. Based on the information 19 available in a specific case, if there are not concerns about the family relationship or welfare 20 of the child, the aliens may be detained at a family residential center or, if appropriate, 21 released to a sponsor or non-governmental organization. If there are concerns, the child may 22 be transferred to the U.S. Department of Health and Human Services Office of Refugee 23 Resettlement (ORR) for care and placement consideration. 24 4. Once a child is transferred to ORR’s care and custody, it is my understanding that 25 ICE no longer has any authority over what his or her custody, care, or placement will be. 26 Those decisions must be made by ORR, and it is my understanding that ICE cannot re27 detain children who have been transferred to the care and custody of ORR. It is my 28 understanding that ORR’s placement decisions are made solely for the welfare of the child. 30 Declaration of Mario Ortiz 1 18cv428 DMS MDD Case 3:18-cv-00428-DMS-MDD Case 1:18-cv-01458-PLF Document Document 46-113-8 Filed Filed 03/16/18 06/26/18 PageID.849 Page 3 of Page 4 3 of 4 5. At the request of AUSA Bettwy, I have reviewed Ms. L’s A-File for the purpose 1 2 of preparing this Declaration, and I have spoken with the Detention Officer who was 3 assigned to manage Ms. L’s detention (Officer Ramon Meraz). Since Ms. L’s entry into ICE 4 custody, this review of records has revealed the following information: a. Ms. L was issued an Angolan passport on June 4, 2015, in Luanda, Angola, 5 6 in the name of “B.M.P.” b. In the name “B.M.P.,” Ms. L applied to the U.S. consulate in Angola for 7 8 nonimmigrant visas to the United States in January 2016, with the stated purpose to visit 9 New York City as tourists for fifteen days. c. Ms. L applied for the visitor visa with her daughter under the name “S.P.S.,” 10 11 and a person named “A.S.” who represented that he was the father of S.S. and the husband 12 of Ms. L. d. The visa was refused, and the consular official noted: “Family makeup is 13 14 questionable at best, father is not credible at all.” e. Ms. L was detained in Panama in September 2017 at which time she used 15 16 the name Ms. “B.N..” f. Ms. L was detained in Guatemala in October 2017 at which time she used 17 18 the name “B.L.” g. On October 24, 2017, the Mexican government issued her and S.S. exit 19 20 visas. h. On November 2, 2017, Ms. L stated to a CBP officer that she was aided by 21 22 a smuggler for her entire trip to the United States. i. Ms. L stated to the same CBP officer that her passport was stolen in 23 24 Colombia. j. Ms. L later told Officer Meraz that she lost her Angolan passport in a river 25 26 in Colombia. 27 /// 28 /// 30 Declaration of Mario Ortiz 2 18cv428 DMS MDD 18-cv-00428-DMS-MDD Case 1:18-cv-01458-PLF Document Document 46-113-8 Filed Filed 03/16/18 06/26/18 PageID.850 Page 4 of Pag 4 1 I make this Declaration to the best of my knowledge under penalty of perjury under 2 the laws of the United States. 3 DA TED: March 15, 2018 4 5 Detention Officer U.S. Immigration Customs and Enforcement 6 7 8 9 IO 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Declaration of Mario Ortiz 3 ! 8cv428 DMS MDD Case 1:18-cv-01458-PLF Document 13-9 Filed 06/26/18 Page 1 of 3 English Français Español русский ‫ العربية‬中文 Go to navigation Go to content WHAT ARE HUMAN RIGHTS? HOME ABOUT US ISSUES HUMAN RIGHTS BY COUNTRY WHERE WE WORK HUMAN RIGHTS BODIES DONATE NEWS AND EVENTS PUBLICATIONS AND RESOURCES English > News and Events > DisplayNews 144K 127K 2583 UN experts to US: “Release migrant children from detention and stop using them to deter irregular migration” Case 1:18-cv-01458-PLF Document 13-9 Filed 06/26/18 Page 2 of 3 GENEVA (22 June 2018) - The executive order signed by the US President on 20 June 2018 fails to address the situation of thousands of migrant children forcibly separated from their parents and held in detention at the border, UN experts* said. In addition, it may lead to indefinite detention of entire families in violation of international human rights standards, they said. “This executive order does not address the situation of those children who have already been pulled away from their parents. We call on the Government of the US to release these children from immigration detention and to reunite them with their families based on the best interests of the child, and the rights of the child to liberty and family unity,” the experts said. “Detention of children is punitive, severely hampers their development, and in some cases may amount to torture,” the experts said. “Children are being used as a deterrent to irregular migration, which is unacceptable.” The UN experts have already expressed to the US Government their grave concerns over the impact of the zero-tolerance policy signed by the Attorney General on 6 April 2018. As a result of the new policy, parents travelling with their children, including asylum-seeking families, were automatically separated and subjected to criminal prosecution as a punitive deterrent from migrating to the United States. “The separations have been conducted without notice, information, or the opportunity to challenge them. The parents and children have been unable to communicate with each other. The parents have had no information about the whereabouts of their children, which is a cause of great distress. Moreover, we are deeply concerned at the long-term impact and trauma, including irreparable harm that these forcible separations will have on the children.” The UN experts noted that some of them are children with disabilities and need specialized support. Some have been taken from their breastfeeding mothers. The lack of proper registration makes the tracking and ultimate reunification of these children particularly challenging. There are also legitimate fears that some children may never be reunited with their parents as they are sent to different parts of the United States while their parents may have been deported. Most of the migrants detained are asylum seekers from Guatemala, El Salvador and Honduras, who have fled their countries because of insecurity, violence and violations of their human rights. The vast majority of these migrants are indigenous peoples or belong to ethnic or racial groups that are categorized as non-white in the United States. Thus, the executive order’s effect on children and their families is devastation reserved largely for indigenous and other non-white migrants. “The best interests of the child should be the paramount consideration, including in the context of migration management, and children should never be detained for reasons related to their own or their parents’ migration status,” the experts said. The experts also expressed concern about the lack of due process guarantees for asylum seekers and other vulnerable migrants, such as victims or potential victims of trafficking, who seek protection in the US, in possible violation of the principle of non-refoulement, lacking proper individual assessment, and at risk of deportations that result in further family separation. “Migrant children need to be treated first and foremost as children. While family unity needs to be preserved at all costs, it cannot be done at the expense of detaining entire families with children. Family-based alternatives to deprivation of liberty must be adopted urgently,” the experts said. ENDS (*) UN experts: Felipe González Morales, Special Rapporteur on the human rights of migrants; Victoria Tauli-Corpuz, Special Rapporteur on the rights of indigenous peoples; Catalina Devandas, Special Rapporteur on the rights of persons with disabilities; Maud de BoerBuquicchio, Special Rapporteur on the sale and sexual exploitation of children; Nils Melzer, Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment; Dainius Pῡras, Special Rapporteur on the right to health; Maria Grazia Giammarinaro, Special Rapporteur on trafficking in persons, especially women and children; Seong-Phil Hong, Chair-Rapporteur of Case 1:18-cv-01458-PLF Document 13-9 Filed 06/26/18 Page 3 of 3 the Working Group on Arbitrary Detention; Ivana Radačić , Chairperson of the Working Group on the issue of discrimination against women in law and in practice; Dubravka Šimonović, Special Rapporteur on violence against women; and E. Tendayi Achiume, Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance. Special Rapporteurs are part of what is known as the Special Procedures of the Human Rights Council. Special Procedures, the largest body of independent experts in the UN Human Rights system, is the general name of the Council’s independent fact-finding and monitoring mechanisms that address either specific country situations or thematic issues in all parts of the world. Special Procedures’ experts work on a voluntary basis; they are not UN staff and do not receive a salary for their work. They are independent from any government or organization and serve in their individual capacity. For further information and media requests, please contact Nekane Lavín (+41 22 917 94 02 / lavin@ohchr.org) UN Human Rights, country page: United States of America For media inquiries related to other UN independent experts please contact Jeremy Laurence, UN Human Rights – Media Unit (+41 22 917 9383 / jlaurence@ohchr.org) This year, 2018, is the 70th anniversary of the Universal Declaration of Human Rights, adopted by the UN on 10 December 1948. The Universal Declaration – translated into a world record 500 languages – is rooted in the principle that “all human beings are born free and equal in dignity and rights.” It remains relevant to everyone, every day. In honour of the 70th anniversary of this extraordinarily influential document, and to prevent its vital principles from being eroded, we are urging people everywhere to Stand Up for Human Rights: www.standup4humanrights.org. Home Frequently Asked Questions OHCHR on Social Media OHCHR Memorial Employment Mobile App Site Map © OHCHR 1996-2018 CONTACT US Case Document 13-10 Filed 1 of 3 ?so 0 . Rig granola Valley School of Medicine DECLARATION OF MARSHA R. GRIFFIN I, Marsha R. Grif?n, MD, make the following declaration based on my personal knowledge and declare under the penalty of perjury as set forth in 28 U.S.C. 1746 that the following is true and correct. I. I am a Board Certi?ed Pediatrician through the American Board of Pediatrics (since 2006) and a licensed physician in the state of Texas. I am a Professor of Pediatrics at the University of Texas Rio Grande Valley School of Medicine (UTRGV SOM). I am the Co-Chair of the American Academy of Pediatrics (AAP) Immigrant Health Special Interest Group and a member of the AAP Council on Community Pediatrics. I am a co-author of the AA Policy Statement ?Detention of Immigrant Children,? and a contributing author of the AAP Immigrant Health Toolkit. lam also the Director ofthe UTRGV SOM Division of Child and Family Health and the Director of the UTRGV SOM Department of Pediatrics Community for Children Program. My clinical and academic work is focused on the care of immigrant children along the border of Texas and Mexico. 2. I completed my M.D. degree at the University of Texas Health Science Center at San Antonio in 2003, followed by pediatric residency at Baylor College of Medicine, Texas Children's Hospital from 2003 through 2005 and a ?nal year of pediatric residency at in 2006. I then spent over ten years serving in a Federally Quali?ed Health Center, Brownsville Community Health Center in Brownsville, Texas, caring for the poorest of the poor along the southern border. Most of my patients and their families were Spanish speaking only immigrant families. Since 2014, I have volunteered my services at the Catholic Charities Humanitarian Center for recently released immigrants from the Customs and Border Department of Pediatrics HCEBL 2.l36 2102 Treasure Hills Blvd. 1 Harlingen, Texas 78550?9998 (956) 29671469 Case Document 13-10 Filed 06/26/18 Page 2 of 3 Protection Processing Center in McAllen, Texas. I am making this declaration based on my clinical experience as a pediatrician providing clinical care to immigrant children and academic expertise serving children and families. This statement is my own and not on behalf of any group with whom I am af?liated. I have not personally met with the children in this lawsuit. The following are my concerns, in general, about how separating a child from his or her parent would adversely affect his or her health, development and well?being, especially where there has already been trauma. Unless a child?s safety is at risk from the parent, the separation of a child from the parent is harmful to the child. This harm can be serious and long-lasting in the setting of previous trauma. Prolonged stress in the absence of a supportive relationship, such as his or her primary caregiver, can cause what is known as toxic stress. Medical research has provided evidence that childhood toxic stress can damage the developing brain and is associated with subsequent development of physical health problems such as diabetes and heart disease, mental health problems, behavioral problems and school failure. In my role as a physician, I attest that the separation of a child from a loving parent places a child at risk for the long-term serious impacts of toxic stress. I have witnessed the painful effects of parental separation in the immigration setting. I examined a six-year?old girl exhibiting of possible PTSD and separation anxiety with hyperarousal, excessive clinginess and aggressive behavior after witnessing violence in her home country of Guatemala, and who was then 10. ll. 12. 13. Case Document 13-10 Filed 06/26/18 Page 3 of 3 subsequently separated from her father at the Rio Grande Valley Sector Customs and Border Processing Center. I have seen 10-year old boys held in locked chain-link enclosures at the same CBP 15 Processing Center sobbing and reaching through the chain-link fencing screaming for their mothers, who were being held in separate enclosures approximately 50 feet away. There may be nothing more frightening for a vulnerable child than to be forcibly separated from their parent. Even this short- term separation will have lasting impact on their physical and emotional well-being. Separation of children from their parents threatens the parent-child relationship, especially if the child believes that the parent should have been capable of preventing the separation and thus any imagined or real subsequent injury. In a child?s mind, a parent is supposed to protect them from evil and dangers. When the parent or primary caregiver is seen as impotent in a dangerous situation, this threatens their trust in that caregiver and will be dif?cult to restore. Based on my medical experience and training, I believe that, if at all possible, it is never in the best interest of a child to be separated from their parent, especially any child who was forced to ?ee their home country. Prolonged separation from a parent can only exacerbate the irreparable short- and long-term damage to a child's health and wellbeing. Ideclare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct, based on my personal knowledge. Executed in Brownsville, Texas, on June 15, 2018. WWZM Marshaq{ Grif? FA Case Document 13-11 Filed 06/26/18 Page 1 of 3 wake ForeSt Pediatrics Baptist Health Brenner Children?s Hospital DECLARATION OF JULIE M. LINTON. MD. FAAP 1, Julie M. Linton, MD, make the following declaration based on my personal knowledge and declare under the penalty of perjury as set forth in 28 U.S.C. 1746 that the following is true and correct. 1. I am a Board Certified Pediatrician through the American Board of Pediatrics (since 2010) and a licensed physician in the state of North Carolina. I am an Assistant Professor of Pediatrics at the Wake Forest School of Medicine. I am the Co-Chair of the American Academy of Pediatrics (AAP) Immigrant Health Special Interest Group and a member of the AAP Executive Committee for the Council on Community Pediatrics. [am a co?author of the AAP Policy Statement ?Detention of Immigrant Children,? the AAP Policy Statement "Promoting Food Security for All Children," and the AAP Immigrant Health Toolkit. In the community, loo-founded and co-chair the County Refugee Health Collaborative, and I am an active member of the Adolescent Health Coalition. lam an Associate Director of the Integrating Special Populations Program at the Maya Angelou Center for Health Equity at Wake Forest. My clinical and academic work is focused on the care of immigrant children in North Carolina. I completed my MD. degree at the University of School of Medicine in 2007, followed by pediatric residency at the Children?s Hospital of Philadelphia in 2010. Throughout the seven years I spent in Philadelphia, I worked extensively with the Latino immigrant community as both a certi?ed medical interpreter (Spanish- English) and a volunteer medical provider. Before joining the faculty at Wake Forest, I gained experience in academic and community pediatrics in rural and urban settings in Greenville, SC and in Winston-Salem, NC, with emphasis on medically underserved populations, including immigrant children. I am making this declaration based on my clinical experience as a pediatrician providing medical care to children and clinical and academic expertise serving immigrant children and families. This statement is my own and not on behalf of any group with whom I am af?liated. I have not personally met with the children in this lawsuit. The following are my general concerns about how separating a child from his or her parent would adversely affect his or her health, development and well-being, compounded when the child has an established history of trauma. Separation of children from parents, unless the child's safety is at risk at the hands of the parent, is indisputably harmful to children. "3 Prolonged stress in the absence of the buffering protection afforded by stable, responsive relationships is known as toxic stress. 4 Medical Center Boulevard Winston-Salem, NC 27157 BrennerChildrens.org Case Document 13-11 Filed 06/26/18 Page 2 of 3 c. A growing body of evidence has demonstrated that childhood toxic stress threatens the developing brain and is associated with subsequent development of physical health problems such as diabetes and heart disease, mental health problems, and school failure.4 (1. In my role as a physician, I attest that the separation of a child from a loving parent would place a child at risk for the impact of toxic stress. In my clinical work in North Carolina, I have witnessed the ill effects of parental separation in the immigration setting. A teenage girl who ?ed her country of origin with her mother and younger brother was separated from her mother and brother for two days while being processed by immigration of?cials. When I saw this girl in my clinic and asked her about her journey, she became tearful and jittery. She reported that her mother and brother had been held in one ?cage? with other mothers and young children, and the older children were kept in another ?cage.? Even this short-term separation had a lasting impact on her physical and emotional well- being. Separation of children from their parents threatens the parent-child relationship. Two children I care for were separated from their mother for three months before being reunited. Both children (ages two and ?ve years at the time of separation) suffered signi?cant behavioral problems upon reuni?cation, including sleep disturbances, withdrawal, and impulsivity. The ?ve-year-old child blamed her mother for their separation, and it took her several months to recover trust in her family. 5. Based on my clinical experience and medical training, I feel that it is in the best interest of children who are seeking safe haven to be with their parent(s) at all times. Prolonged separation from a parent can result in irreparable short- and long-term damage to a child's health and wellbeing. Executed in Winston-Salem, North Carolina on June 15, 2018. ?gim- rigs- gees Julie ruff Linton, MD Sources Case Document 13-11 Filed 06/26/18 Page 3 of 3 Dreby J. US. immigration policy and family separation: the consequences for children's well-being. Soc Sci Med. Suarez-Orozco C, Todorova I, Louie J. Making up for lost time: the experience of separation and reuni?cation among immigrant families. Fam Process. 2002; Linton J, Grif?n M, Shapiro A. Detention of Immigrant Children. Pediatrics. 2017. Gamer AS, Shonkoff JP, Committee on Aspects of C, et a1. Early childhood adversity, toxic stress, and the role of the pediatrician: translating developmental science into lifelong health.Pediatrics. Lorek A, Ehntholt K, Nesbitt A, et al. The mental and physical health dif?culties of children held within a British immigration detention center: a pilot study. Child abuse neglect. 2009; 33(9) 573-585. Kronick R, Rousseau C, Cleveland J. Asylum-seeking children's experiences of detention in Canada: A qualitative study.AmJ 2015; Mares S, Jureidini J. assessment of children and families in immigration detention--clinical, administrative and ethical issues. Australian and New Zealand journal of public health. 2004; Dudley M, Steel Z, Mares S, Newman L. Children and young people in immigration detention. Current opinion in 2012; Fazel M, Stein A. Mental health of refugee children: comparative study. British Medical Journal. 2003; 327: 134. Bailey C. The context of mental health needs of unaccompanied children in United States immigration proceedings .Graduate Student Journal of 201 1; 13(4-1 1). Society for Community Research and Action Community Policy statement on the incarceration of undocumented migrant families. Am Community . Case Document 13-12 Filed 06/26/18 Page 1 of 6 The Children?s Hospital at Montefiore DECLARATION OF DR. ALAN SHAPIRO 1, Alan Shapiro, MD make the following declaration based on my personal knowledge and declare under the penalty of perjury pursuant to 28 U.S.C. ?1746 that the following is true and correct: 1. I have not directly treated the plaintiffs but was asked to give this declaration based on my knowledge as a pediatrician with over 28 years of experience working with immigrant families. Practice Treating Undocumented Immigrant Children and their Families 1 am a Pediatrician in the state of New York and have been licensed since 1990. I serve as an Assistant Clinical Professor of Pediatrics at Monte?ore Medical Center and the Albert Einstein College of Medicine. I have been employed as the Senior Medical Director for Community Pediatric Programs at the Children?s Hospital at Monte?ore for over ten years. Community Pediatric Programs, founded in 1987, provides comprehensive primary care to children and families at its federally quali?ed community health center, South Brown Health Center/Center for Child Resiliency and its homeless health care program serving the NYC family shelter system. I have personally provided pediatric care to under- served children since beginning my career with Community Pediatric Programs in 1990. New York Children?s Health Project The Children's Hospital at . Montefiore 853 Longwood Avenue. Suite 201 {91.6 05 FOR Bronx, New York :10459 Alum router or momm 718-586-4460 Office; ext 292 718-588-4831 Fax 3. Case Document 13-12 Filed 06/26/18 Page 2 of 6 In 2013, I co-founded Terra Firma, a medical-legal partnership program designed to provide integrated medical, mental health, and legal services for undocumented immigrant children, both unaccompanied and in family units. This program was established to facilitate access to the above-mentioned services and improve medical, mental health and legal outcomes for undocumented immigrant children. Integral to our program is a support group designed to assist youth in acculturation and to help develop healthy behaviors and social networks. Terra Firma was founded to respond to the rise in unaccompanied immigrant children crossing the United States border, particularly from the Northern Triangle of Central America. While 85% of our patients come from Honduras, El Salvador and Guatemala, the other 15% come from predominately South America and Africa. Our program is situated in a federally qualified community health center in the South Bronx where there is a large community of Central Americans and West Africans. As such, many of the unaccompanied immigrant children and newly arrived immigrant families are moving into this community re-uniting with family members. To date, we have care for over 420 newly arrived immigrant children. The vast majority of patients we see in our program have lacked comprehensive medical care for the entirety of their lives. None have had mental health care in their countries of origin despite signi?cant histories of trauma that they have sustained either directly or indirectly having their lives threatened, being tortured or abused, witnessing the murder of a family member or friend). Since our program began, we have also seen a rise in the number of families (predominately women and children) who have also ?ed to the United States seeking safe haven. Many are escaping community and domestic violence Case Document 13-12 Filed 06/26/18 Page 3 of 6 and most critically lack of State protection. Most unaccompanied minors and newly arrived immigrant families state that they are ?eeing for their lives. . Depression, anxiety, adjustment disorders and post-traumatic stress disorder are common mental health diagnoses among this population. In a recent review of over 100 newly arrived patients, sixty eight percent have one or more mental health diagnosis. Once the decision has been made to ?ee, the family must make the perilous journey to the United States Mexican border traveling thousands of miles and through many countries. Families endure hunger, exposure to the elements, injuries and sickness, extortion, physical assault, sexual Violence and even kidnapping. These histories are frequently elicited in our work with children and families seen in our program as the majority of children and families have histories of compounded trauma when they arrive in the US and are placed in the immigrant detention system. Practice Interviewing Children and Families in Immigrant Detention . I also have signi?cant experience visiting and interviewing children and families detained in immigrant detention centers in the United States from August 2015 November 2017. I co-authored, Detention of Immigrant Children, (Linton JM, Grif?n M, Shapiro AJ, AAP Council on Community Pediatrics, Detention of Immigrant Children. Pediatrics. 2017; that was endorsed by the American Academy of Pediatrics as a policy statement and published March 2017. Our paper was based on an extensive literature review and ?rst?hand visits to various detention sites Customs and Border Protection Processing Centers, Of?ce of Refugee Resettlement Children?s Shelters and Family Detention Centers). Our ?ndings were alarming and showed that the US system of immigrant detention is re-traumatizing to women and children, that medical care and 10. ll. 12. Case Document 13-12 Filed 06/26/18 Page 4 of 6 especially mental health care was inconsistent and frequently inadequate, and that the practice of family separation was especially harmful. Interviews I conducted with children and parents in family detention centers pointed to the importance of family unity as a key factor in their well-being. I personally interviewed families in Berks County Family Detention (Leesburg who were given the choice of family separation which would entail changing the child?s immigration status into that of an unaccompanied alien child with a transfer to an ORR children?s shelter while their parent would be placed in an adult immigration detention or removed. Not surprising, not one parent or child agreed to this offer. Typically, I would be told by children, would rather die than be separated from my mother,? or ?My mother is the only reason I want to live.? Published Research on Family Separation Family separation is not only ineffective as a proposed deterrent strategy but also egregiously harmful to the welfare of children and their parents. In fact, leading medical and mental health professional organizations in the US. have pushed back against this policy. The American Academy of Pediatrics has been vehemently opposed to immigrant family separation and family detention altogether and has characterized detention policy as ?harsh and counterproductive? (American Academy of Pediatrics, AAP Statement Opposing of Mothers and Children at the Border, Mar. 4, 2017, The American Medical Association also adopted policies that oppose the detention and separation of families seeking refuge in the US (American Medical Association, AMA 13. 14. 15. Case Document 13-12 Filed 06/26/18 Page 5 of 6 Adopts New Policies to Improve Health of Immigrants and Refugees (Jun. 12, 2017), refugees). Family separation policy is an affront to the overwhelming body of scienti?c literature, which is replete with evidence of the irreparable harm and trauma to children caused by separation from their parents. Moreover, a parent of caregivcr?s role is to mitigate stress in a child?s life. Family separation is doubly harmful; ?rst traumatizing the child and then robbing them of that buffer. This type of unmitigated stress and can lead to what is known in the pediatric literature as toxic stress. Researchers have shown how toxic stress can adversely affect brain development and leads to chronic mental health and medical conditions such as depression, post-traumatic stress disorder and heart disease (Shonkoff, JP Garner, AS, Committee on Aspects of Child and Family Health; Committee on Early Childhood, Adoption, and Dependent Care; Section on Developmental and Behavioral Pediatrics. Early Childhood adversity, toxic stress, and the role of the pediatrician: translating developmental science into lifelong health. Pediatrics 2012; 129(1), l/ 12/21/peds.201 1-2663). The practice of family separation has also been decried by child-welfare experts who signed onto a letter demanding that this practice be abandoned (Young Center for Immigrant Children?s Rights, ?More Than 200 Experts in Child Welfare, Juvenile Justice Oppose Government Plans to Take Children From Parents at Border,? Jan. 23, 2018, org/stories/201 8/ from-parents-at -border). UL Case Document 13-12 Filed 06/26/18 Page 6 of 6 Physician Recommendation 16. It is my understanding that in this case, the children were separated from their parents after making an arduous journey to see asylum in the United States. It is inconceivable to me as a pediatrician that these families were separated. Based on my vast experience working with children and families who have ?ed violence and life-threatening circumstances in their countries of origin, I can see no possible reason not to maintain family unity. In fact, I can say con?dently that separation can lead to further trauma of these children (and their parents) with possible irreparable damage. 17. My recommendation is for these families to have immediate reuni?cation and ideally release from the immigration detention system altogether pending their asylum hearings. 18. I am available to provide further information. I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct, based on my personal knowledge. Executed in New York, NY on June 18, 2018. ?lial/E17; Alan Shapiro, MD Senior Medical Director Community Pediatric Programs Children?s Hospital at Monte?ore Terra Firma: Healthcare and Justice for Immigrant Children Co-Founder and Medical Director 853 Longwood Avenue Bronx, NY. 10459 Case 3:18-cv-00428-DMS-MDD Case 1:18-cv-01458-PLF Document Document 78 Filed 13-1306/25/18 Filed 06/26/18 PageID.1537 Page 1 Page of 57 131 of 259 1 2 3 4 5 6 7 8 9 Lee Gelernt* Judy Rabinovitz* Anand Balakrishnan* AMERICAN CIVIL LIBERTIES UNION FOUNDATION 125 Broad St., 18th Floor New York, NY 10004 T: (212) 549-2660 F: (212) 549-2654 lgelernt@aclu.org jrabinovitz@aclu.org abalakrishnan@aclu.org Attorneys for Petitioners-Plaintiffs *Admitted Pro Hac Vice 10 11 Bardis Vakili (SBN 247783) ACLU FOUNDATION OF SAN DIEGO & IMPERIAL COUNTIES P.O. Box 87131 San Diego, CA 92138-7131 T: (619) 398-4485 F: (619) 232-0036 bvakili@aclusandiego.org Stephen B. Kang (SBN 292280) Spencer E. Amdur (SBN 320069) AMERICAN CIVIL LIBERTIES UNION FOUNDATION 39 Drumm Street San Francisco, CA 94111 T: (415) 343-1198 F: (415) 395-0950 skang@aclu.org samdur@aclu.org UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 12 13 14 Ms. L., et al., 15 Petitioners-Plaintiffs, v. 16 U.S. Immigration and Customs Enforcement 17 (“ICE”), et al., 18 Respondents-Defendants. Case No. 18-cv-00428-DMS-MDD DECLARATION OF STEPHEN B. KANG CLASS ACTION 19 20 21 22 23 24 25 26 27 28 Exhibit 38, Page126 Case 3:18-cv-00428-DMS-MDD Case 1:18-cv-01458-PLF Document Document 78 Filed 13-1306/25/18 Filed 06/26/18 PageID.1538 Page 2 Page of 57 132 of 259 1 2 3 4 5 6 7 1. I, Stephen B. Kang, make the following declaration based on my personal knowledge and declare under the penalty of perjury pursuant to 28 U.S.C. § 1746 that the following is true and correct: 2. I am a Detention Attorney for the ACLU Immigrants’ Rights Project, and a member of the State Bar of California. I am counsel for Plaintiffs in this case. 3. Attached as Exhibit A is an April 20, 2018 article from the New York Times titled “Hundreds of Immigrant Children Have Been Taken from Parents at U.S. 8 9 10 11 12 13 14 15 16 17 Border,” available at https://www.nytimes.com/2018/04/20/us/immigrant-childrenseparation-ice.html. This article reported that government data showed that “more than 700 children have been taken from adults claiming to be their parents since October, including more than 100 children under the age of 4.” 4. Attached as Exhibit B is a May 7, 2018 announcement from Attorney General Jefferson B. Sessions III, titled “U.S. Dep’t of Justice, Attorney General Sessions Delivers Remarks to the Association of State Criminal Investigative Agencies 2018 Spring Conference,” available at https://www.justice.gov/opa/speech/attorneygeneral-sessions-delivers-remarks-association-state-criminal-investigative. 18 5. Attached as Exhibit C is a May 30, 2018, Los Angeles Times article titled 19 “Trump’s zero tolerance at U.S.-Mexico border is filling child shelters,” available at 20 http://www.latimes.com/nation/la-na-trump-zero-tolerance-migrant-children- 21 20180530- 22 story.html?utm_source=Recent%20Postings%20Alert&utm_medium=Email&utm_ca 23 mpaign=RP%20Daily. This article quotes a Customs and Border Protection official’s 24 testimony to the Senate Judiciary Committee, which confirmed that between May 6 25 and May 19 alone, a total of 658 children were separated from their family members. 1 0F 26 27 28 1 The video of the relevant Senate Judiciary Committee hearing testimony is available at https://www.judiciary.senate.gov/meetings/tvpra-and-exploited-loopholes-affectingunaccompanied-alien-children. Exhibit 38, Page127 Case 3:18-cv-00428-DMS-MDD Case 1:18-cv-01458-PLF Document Document 78 Filed 13-1306/25/18 Filed 06/26/18 PageID.1539 Page 3 Page of 57 133 of 259 1 2 3 4 5 6 7 6. Attached as Exhibit D is a June 16, 2018, CNN article titled “2,000 children separated from parents at border,” available at https://www.cnn.com/2018/06/15/politics/dhs-family-separation-numbers/index.htm. This article states that “[t]he US government has separated at least 2,000 children from parents at the border since implementing a policy that results in such family separations, the Department of Homeland Security confirmed Friday.” 7. Attached as Exhibit E is a June 18, 2018, Associated Press article titled 8 9 10 11 12 13 14 15 16 17 “Hundreds of Children Wait in Border Patrol Facility in Texas,” available at https://www.apnews.com/9794de32d39d4c6f89fbefaea3780769. 8. Attached as Exhibit F is a June 19, 2018, Reuters article titled “Hurdles facing parents and children separated at U.S. border,” available at https://www.reuters.com/article/us-usa-immigration-reunification-explain/hurdlesfacing-parents-and-children-separated-at-us-border-idUSKBN1JF39I. This article reports that “[o]ver 2,300 children were separated from their parents at the U.S.Mexico border between May 5 and June 9 under the Trump administration’s ‘zero tolerance’ policy, U.S. Customs and Border Protection said . . . .” 18 9. Attached as Exhibit G is an Executive Order dated June 20, 2018, titled 19 “Affording Congress an Opportunity to Address Family Separation.” 20 10. 21 Prosecution and Family Reunification,” available at 22 https://www.dhs.gov/news/2018/06/23/fact-sheet-zero-tolerance-prosecution-and- 23 family-reunification. 24 11. 25 Rights to Secretary Nielsen and Attorney General Sessions, available at 26 https://s3.amazonaws.com/PHR_other/Separation_Letter_FINAL.pdf. Over 5000 27 medical professionals and experts signed this letter, which urges the administration to 28 “immediately end the practice of family separation and take all measures to ensure Attached as Exhibit H is a DHS-HHS Fact Sheet titled “Zero-Tolerance Attached as Exhibit I is a June 14, 2018 Letter from Physicians for Human Exhibit 38, Page128 Case 3:18-cv-00428-DMS-MDD Case 1:18-cv-01458-PLF Document Document 78 Filed 13-1306/25/18 Filed 06/26/18 PageID.1540 Page 4 Page of 57 134 of 259 1 2 3 4 5 6 7 that currently separated families are reunited without delay” on the basis of evidence that the “practice is profoundly harmful to children and to families.” 12. Attached as Exhibit J is a June 14, 2018 Letter from the American Psychological Association to President Trump, available at http://www.apa.org/advocacy/immigration/separating-familiesletter.pdf?utm_content=1529093770&utm_medium=social&utm_source=multiple. The Letter urges an end to family separation and cites “empirical evidence of the 8 9 10 11 12 13 14 15 16 17 psychological harm that children and parents experience when separated.” 13. Attached as Exhibit K is a June 19, 2018, Letter from the American Medical Association, June 19 Letter to Secretary Nielsen, Secretary Azar, and Attorney General Sessions, available at https://searchlf.amaassn.org/undefined/documentDownload?uri=%2Funstructured%2Fbinary%2Fletter%2 FLETTERS%2F2018-6-19-Final-Letter-to-The-Administrations-zero-toleranceprosecution-policy.pdf. The Letter explains that “childhood trauma and adverse childhood experiences created by inhumane treatment often create negative health impacts that can last an individual’s entire lifespan.” 18 14. Attached as Exhibit L is a May 31, 2018 Statement by the American College of 19 Physicians, titled ACP Objects to Separation of Children from their Parents at Border, 20 available at https://www.acponline.org/acp-newsroom/acp-objects-to-separation-of- 21 children-from-their-parents-at-border. The Statement urges an end to the separation 22 practice because inflicting separation on children will “create negative health impacts 23 that will last an individual’s entire lifespan.” 24 15. 25 Emergency Physicians, “ACEP Opposes Current DHS ‘Zero Tolerance’ Immigration 26 Policy,” available at https://www.acep.org/federal-advocacy/federal-advocacy- 27 overview/children-immigration-statement/#sm.0000xos7uy5dpe7x112vqpxa33tqr. It Attached as Exhibit M is a June 19, 2018 Statement by the American College of 28 Exhibit 38, Page129 Case 3:18-cv-00428-DMS-MDD Case 1:18-cv-01458-PLF Document Document 78 Filed 13-1306/25/18 Filed 06/26/18 PageID.1541 Page 5 Page of 57 135 of 259 1 2 3 4 5 6 7 states that “separations will significantly escalate mental and physical health risks for both children and their parents.” 16. Attached as Exhibit N is a May 30, 2018 Statement by the American Psychiatric Association Opposing Separation of Children from Parents at the Border, available at https://www.psychiatry.org/newsroom/news-releases/apa-statementopposing-separation-of-children-from-parents-at-the-border. The statement urges an end to separations because the “evidence is clear that this level of trauma also results 8 9 10 11 12 13 14 15 16 17 in serious medical and health consequences for these children and their caregivers.” 17. Attached as Exhibit O is a May 8, 2018 Statement by the American Academy of Pediatrics Opposing Separation of Children and Parents at the Border, available at https://www.aap.org/en-us/about-the-aap/aap-pressroom/Pages/StatementOpposingSeparationofChildrenandParents.aspx. The statement urges an end to separations, and explains that the practice “can cause irreparable harm, disrupting a child's brain architecture and affecting his or her short- and long-term health.” 18. Attached as Exhibit P is a American Public Health Association, Separating 18 parents and children at US border is inhumane and sets the stage for a public health 19 crisis, available at https://www.apha.org/news-and-media/news-releases/apha-news- 20 releases/2018/parent-child-separation. The statement urges an end to separations and 21 explains that the practice places children at heightened risk of experiencing adverse 22 childhood events and trauma, which research has definitively linked to poorer long- 23 term health.” 24 19. 25 Engineering, and Medicine on the Harmful Consequences of Separating Families at 26 the U.S. Border, available at 27 http://www8.nationalacademies.org/onpinews/newsitem.aspx?RecordID=06202018& 28 _ga=2.158375806.559449867.1529328563-861433489.1524492203. The statement Attached as Exhibit Q is a Statement by the National Academy of Science, Exhibit 38, Page130 Case 3:18-cv-00428-DMS-MDD Case 1:18-cv-01458-PLF Document Document 78 Filed 13-1306/25/18 Filed 06/26/18 PageID.1542 Page 6 Page of 57 136 of 259 1 2 3 4 5 6 7 urges an immediate end to separations based on “an extensive body of evidence” that “points to the danger of current immigration enforcement actions that separate children from their parents.” 20. Attached as Exhibit R is a June 9, 2018 Washington Post article titled “A family was separated at the border, and this distraught father took his own life,” available at https://www.washingtonpost.com/world/national-security/a-family-was-separated-atthe-border-and-this-distraught-father-took-his-own-life/2018/06/08/24e40b70-6b5d- 8 9 10 11 12 13 14 15 16 17 11e8-9e38-24e693b38637_story.html?utm_term=.38a3e92283df. It tells the story of a 39-year old Honduran father who, after separation from his family, committed suicide while detained. 21. Attached as Exhibit S is a June 23, 2018 Washington Post article titled “U.S. officials separated him from his child. Then he was deported to El Salvador,” available at https://www.washingtonpost.com/world/the_americas/u-s-officialsseparated-him-from-his-child-then-he-was-deported-to-elsalvador/2018/06/23/37b6940a-7663-11e8-bda118e53a448a14_story.html?noredirect=on&utm_term=.801ab72b4426. The article tells 18 the story of a father separated from his six-year old daughter after entering the United 19 States who was deported without her, and without knowing where she had been 20 placed. The first time he spoke to her was after his deportation. 21 22. 22 the Court held in this case on Friday, June 22, 2018. 23 23. 24 Apart by Zero Tolerance, Kept Apart by Red tape, available at 25 https://www.nytimes.com/2018/06/24/us/family-separation- 26 brazil.html?hp&action=click&pgtype=Homepage&clickSource=story- 27 heading&module=first-column-region®ion=top-news&WT.nav=top-news. The Attached as Exhibit T are excerpts from the transcript of the status conference Attached as Exhibit U is a June 24, 2018, New York Times article titled “Torn 28 Exhibit 38, Page131 Case 3:18-cv-00428-DMS-MDD Case 1:18-cv-01458-PLF Document Document 78 Filed 13-1306/25/18 Filed 06/26/18 PageID.1543 Page 7 Page of 57 137 of 259 1 2 3 4 5 article describes the case of a separated parent who is attempting to reunite with her son through the ORR reunification process. 24. I declare under penalty of perjury under the laws of the United States of America and California that the foregoing is true and correct, based on my personal knowledge. Executed in San Francisco, California on June 25, 2018. 6 7 8 /s/Stephen B. Kang________ STEPHEN B. KANG 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Exhibit 38, Page132 Case 3:18-cv-00428-DMS-MDD Case 1:18-cv-01458-PLF Document Document 78 Filed 13-1306/25/18 Filed 06/26/18 PageID.1583 Page 8 Page of 57 177 of 259 Exhibit I Exhibit 38, Page172 Case 3:18-cv-00428-DMS-MDD Case 1:18-cv-01458-PLF Document Document 78 Filed 13-1306/25/18 Filed 06/26/18 PageID.1584 Page 9 Page of 57 178 of 259 June 14, 2018 The Honorable Kirstjen Nielsen Secretary U.S. Department of Homeland Security 245 Murray Lane, S.W. Washington, D.C. 20528 The Honorable Jeff Sessions Attorney General U.S. Department of Justice 950 Pennsylvania Avenue, N.W. Washington, D.C. 20530 Dear Secretary Nielsen and Attorney General Sessions, As medical and mental health professionals and researchers working in the United States, we are gravely concerned about the Trump administration’s practice of separating migrant and asylum-seeking families at the U.S.-Mexico border. Such a practice is profoundly harmful to children and to families, in addition to violating fundamental human rights. We urge you to immediately end forced separation of families at the border, and instead keep families together in community-based settings while their immigration proceedings are pending. The Trump administration has stated that its goal in separating children from their parents is to deter people from crossing the border between ports of entry. According to statements by Attorney General Jeff Sessions, this policy is intended to be punitive, to serve as such deterrence. 1 The child welfare implications appear to be secondary at best. White House Chief of Staff and former Department of Homeland Security secretary John Kelly has stated, “The children will be taken care of — put into foster care or whatever. But the big point is they elected to come illegally into the United States and this is a technique that no one hopes will be used extensively or for very long. 2” Media reports indicate that government mechanisms for ensuring that parents and children are in contact and know each other’s whereabouts are non-functional. 3 Using children as leverage to punish their parents is unconscionable, both with respect to the health and well-being of children and as treatment of migrants and asylum seekers. The right to family unity is enshrined in U.S. and international law, which recognize that families are the foundation of society. The relationship of children and parents is the strongest social tie most people experience, and a threat to that tie is among the most traumatic events people can experience. Forced separation of children and parents, especially in connection with the detention of a parent, can constitute an adverse childhood experience (ACE). ACEs are linked with disrupted Attorney General Jeff Sessions, "Attorney General Sessions Delivers Remarks Discussing the Immigration Enforcement Actions of the Trump Administration," Speech, May 7, 2018, https://www.justice.gov/opa/speech/ attorney-general-sessions-delivers-remarks-discussing-immigrationenforcement-actions. 2 Transcript: White House Chief Of Staff John Kelly's Interview with NPR, NPR, May 11, 2018, https://www.npr.org/2018/05/11/610116389/transcript-white-house-chief-of-staff-john-kellys-interview-with-npr. 3 Michael E. Miller, "‘They just took them?' Frantic parents separated from their kids fill courts on the border," Washington Post, June 11, 2018, https://www.washingtonpost.com/local/they-just-took-them-frantic-parentsseparated-from-their-kids-fill-courts-on-the-border/2018/06/09/e3f5170c-6aa9-11e8-bea7c8eb28bc52b1_story.html. 1 Exhibit 38, Page173 Case 3:18-cv-00428-DMS-MDD Case 1:18-cv-01458-PLF Document Document 78 13-13 Filed 06/25/18 Filed 06/26/18 PageID.1585 Page 10Page of 57179 of 259 neurodevelopment, resulting in social, emotional, and cognitive impairment, 4 and have even been linked with negative intergenerational effects. 5 Extreme and repetitive stress -- known as toxic stress -- such as that experienced when a person is suddenly separated from parents, adversely affects brain development and is correlated with increased risk of developing chronic mental health conditions, such as depression and post-traumatic stress disorder (PTSD) and even physical conditions such as cancer, stroke, diabetes, and heart disease. 6 Separation from parents has been shown to be linked with higher rates of PTSD in the affected children. 7 For children, separation results in a low-support environment which places them at increased risk of PTSD and depressive disorders. 8 The negative impact on the cognitive and emotional functioning of the affected children can continue into adulthood, and contribute to lower academic achievement, attachment difficulties, and poor mental health. 9 Among refugees, one research study shows that individuals separated from their families had worse mental health outcomes in terms of depression, PTSD, and psychological quality of life than those who remained with their families, after controlling for trauma. After testing the contribution of 26 types of trauma to these outcomes, only the experience of being beaten and tortured had a similar impact on all three mental health measures as family separation. 10 According to the new U.S. policy, children arriving with their parents will be placed in the custody of the Office of Refugee Resettlement in foster families after separation. However, foster care is not an appropriate substitute to a child remaining with his or her parents, and studies of refugee children in foster care have shown that children fare worse when placed in foster families than when cared for by their parents. 11 Placing these children into foster care will strain the U.S. child welfare system and set these children up for worsened health and social outcomes. 12 The best interests of the child is the recognized legal standard for the treatment of children across a range of domains, including parental custody and immigration proceedings. This standard requires that children not be separated from their parents except in extreme circumstances, if required for the child’s protection. Indeed, the literature shows that parents 4 Vincent J. Felitti et al., “Relationship of Childhood Abuse and Household Dysfunction to Many of the Leading Causes of Death in Adults: The Adverse Childhood Experiences (ACE) Study,” American Journal of Preventive Medicine 14, no. 4 (1998); Debora L. Oh et al., “Systematic Review of Pediatric Health Outcomes Associated with Adverse Childhood Experiences.” Pediatrics 141, no. 1 (2018). 5 Felice Le-Scherban et al. “Intergenerational Associations of Parent Adverse Childhood Experiences and Child Health Outcomes,” Pediatrics 141, no. 6 (2018). 6 Vincent J. Felitti et al. “Relationship of Childhood Abuse and Household Dysfunction to Many of the Leading Causes of Death in Adults,” American Journal of Preventive Medicine 14, no. 4 (1998). 7 Paul L. Geltman et al. “The ‘lost boys of Sudan’: functional and behavioral health of unaccompanied refugee minors re-settled in the United States,” Archives of Pediatric and Adolescent Medicine 159, no. 6 (2005). 8 Matthew Hodes, “Psychopathology in refugee and asylum seeking children,” in Michael Rutter et al. (eds.), Rutter’s Child and Adolescent Psychiatry (Wiley-Blackwell, 2009). 9 Israel Bronstein and Paul Montgomery, “Psychological distress in refugee children: a systematic review,” Clinical Child and Family Psychology Review 14, no. 1 (2010). 10 Alexander Miller at al. “Understanding the mental health consequences of family separation for refugees: Implications for policy and practice,” American Journal of Orthopsychiatry, 88, no. 1 (2018). 11 Amy Holtan et al. “A comparison of mental health problems in kinship and nonkinship foster care,” European Child & Adolescent Psychiatry 14, no. 4 (2005); Geltman et al., “The ‘Lost Boys of Sudan.’” 12 Kym R. Ahrens, Michelle M. Garrison, and Mark E. Courtney. “Health outcomes in young adults from foster care and economically diverse backgrounds,” Pediatrics 134, no. 6 (2014); Amy Dworsky, Laura Napolitano, and Mark E. Courtney. “Homelessness during the transition from foster care to adulthood,” American Journal of Public Health, 103, no. S2 (2013). Exhibit 38, Page174 Case 3:18-cv-00428-DMS-MDD Case 1:18-cv-01458-PLF Document Document 78 13-13 Filed 06/25/18 Filed 06/26/18 PageID.1586 Page 11Page of 57180 of 259 are a vital buffer for children coping with severe stress. 13 A strong predictor of successful adaptation for children is family support. 14 Separation from their parents denies these children this vital resource, leaving them alone to face extremely stressful and likely frightening conditions. It increases the risk that these children will experience severe and long-lasting psychological problems, and may even contribute to the development of physical health issues. 15 The United States should follow the “best interests of the child” standard and immediately stop the practice of forced separation. It should not be U.S. policy to traumatize children, especially not as a form of indirect punishment of their parents. The intentional infliction of pain on children and their families is not just inhumane, it also fails to meet the stated goals of deterrence. Punishing parents with family separation may cause damage to their children, and it will not change the realities that drove the parents to seek safe haven in the United States. As experts committed to promoting health and well-being, including of children, we ask you to immediately end the practice of family separation and take all measures to ensure that currently separated families are reunited without delay. Sincerely, Homer Venters, M.D., M.S., Director of Programs, Physicians for Human Rights, New York Kerry J. Sulkowicz, M.D., Chair, Board of Directors, Physicians for Human Rights, New York Eli Newberger, M.D., Pediatrics, Massachusetts Elizabeth B. Ford, M.D., Psychiatry, New York Kathleen Foley, M.D., Neurology, New York Stephen Soldz, Ph.D, Psychology, Massachusetts Edward Ameen, Ph.D, Psychology, Washington DC Annalise Keen, M.D., Psychiatry, Utah Roya Ijadi-Maghsoodi, MD, MSHPM, California American Psychological Association (APA) Coalition for an Ethical Psychology (CEP) International Association of Forensic Nurses (IAFN) John Bowlby, A secure base: Parent-child attachment and healthy human development (New York: Basic Books, 1988); Steven M. Weine et al. “Fostering resilience; protective agents, resources, and mechanisms for adolescent refugees’ psychosocial well-being,” Adolescent Psychiatry 4, no. 4 (1988). 14 Tammy Bean et al. “Comparing psychological distress, traumatic stress reactions, and experiences of unaccompanied refugee minors with experiences of adolescents accompanied by parents,” Journal of Nervous and Mental Disease 195, no. 4 (2007). 15 Shanta R. Dube et al. “The impact of adverse childhood experiences on health problems: evidence from four birth cohorts dating back to 1900,” Preventive Medicine 37, no. 3 (2003). 13 Exhibit 38, Page175 Case 3:18-cv-00428-DMS-MDD Case 1:18-cv-01458-PLF Document Document 78 13-13 Filed 06/25/18 Filed 06/26/18 PageID.1587 Page 12Page of 57181 of 259 Jena Abaria Linda Abeles Ph.D. Psychologist Sara Abelson MPH Public Health Jamie Abenroth Aviva Abeshaus Social Work Lilit Ablabutyan Physician Steven Ablon Psychiatrist Diane Aboushi Melissa Abraham Ph.D. Psychologist Jonathan Abraham M.D. Physician Holly Abraham Tanya Abraham Joshua Abrahams Social Work Stacy Abrams Other Health Professional Lauren Abrams Other Health Professional Jane Abrams D.S.W. Social Work Randi Abramson Physician Asma Abu-Dahab Social Work Bayan Abunar Rohan Achar Amy Ackroyd Social Work Alexander Acosta Sylvia Acosta Ph.D. Psychologist Maria Alexandra Acunzo Psychologist Jill Adaman Ph.D. Psychologist Felicity Adams M.D. Psychiatrist Helen Adams Administrator Joan Adams Social Work Deborah Adams Administrator Mary Jane Adams Ph.D. Psychologist Christy Adams LMHC Other Health Professional Eve Adams Ph.D. Psychologist Sabrina Adams M.D. Physician Stephanie Addikis Tessa Addison LCSW-R Social Work Sheila Addison Ph.D. Veronica Ades M.D. Physician Molly Adler LCSW Social Work Susan Adlere ACSW Social Work Monica Agarwal M.D. Physician Reena Agarwal Physician Radha Agepati M.D. Psychiatrist James Agolia Grettel Aguilar ACRC Alicia Aguilar CCRN Nurse Cheryl Aguilar LICSW Social Work Irene Aguilera Nicole Aguirre Physician Negin Ahadi M.D. Physician Tasnia Ahamed Social Work Julia Ahern Social Work Amy Ahlfeld Psychologist Saba Ahmad M.D. Physician Yasir Ahmed Joanne Ahola M.D. Psychiatrist Theresa Aiello Ph.D. Social Work Ruth Airhart LPC Jenny Ajl Social Work Fatma Akmese M.D. Physician Eloho Akpovi Medical Student Maria Beatriz Al Social Work Kim Alaburda Public Health Erin Albers M.D. Physician Susan Albert Jessica Albertson Psychologist Joseph Albietz M.D. Physician Erinn Alcabes Adam Alcabes Amanda Aldrich Nurse Philip Alex Ph.D. Psychologist Dorian Alexander MD Physician Hannah Alex-Glasser Rachel Alexis Social Work Lisa Alexoff LCPC Jill Alger-James LCSW Social Work Laila Ali Administrator Randall Alifano Ph.D. Nicole Alifante Saira Alimohamed M.D. Physician Erika Alkhawaldeh Nurse Scott Allen M.D. Physician Karen Allen Ph.D. Psychologist Molly Allen Psychologist Bruce Allen Julie Allender ADTR Psychologist Annette Allison D.S.W. Social Work Richard Almond Physician Joy Almquist RN Nurse Janet Alperstein Nuar Alsadir Ph.D. Rebecca Alschuler Physician Stephen Alsdorf Physician Maria Alshamma Social Work Barbara Alter Ph.D. Psychologist Allison Alter Social Work Susan Altfeld Ph.D. Public Health Gretchen Alther Mary Alumbaugh Ph.D. Psychologist Shelly Alvarado APRN Nurse Claudia Alvarez D.O. Physician Kiara Alvarez Ph.D. Psychologist Emily Alvarez Carolina Alvayay M.D. Physician Maria Alves Public Health Morgane Amat Paola Amaya Social Work Paro Ambardar Ph.D. Psychologist Laura Ambler D.O. Physician May Ambrogi LCSW Social Work Nusheen Ameenuddin M.D. Physician Christine Amidon RN Anik Amin M.D. Physician Amira Simha-Alpern Ph.D. Psychologist Cecilia Amisola M.D. Physician Francena Amparo Donna Amundson LCSW Social Work Sandra Anderson Ph.D. Nurse Wayne Anderson Nurse Emily Anderson Sarah Anderson Jennifer Anderson LCSW-R Social Work Lynn Anderson Kerri Anderson LMFT Jessica Andrade Melanie Andrews M.D. Physician Arthur Andrews III Ph.D. Psychologist Catalina Angel Charles Angelo Larry Angert Evelyn Angulo Physician George David Annas M.D. Psychiatrist Mary Annas Ph.D. George Annas Public Health Marcia Annenberg Elvira Anselmi Ph.D. Psychologist Stacey Anstaett D.V.M. Julie Antilla Ph.D. Korina Antina Mildred Antonelli Mildred Antonelli Dr.PH. Psychologist Claudette Antuna Psychologist Roberta Apfel Psychiatrist Elizabeth Aponte Social Work Vivianne Aponte Rivera M.D. Psychiatrist Kristin Applebaum Secil Arac-Orhun Ph.D. Psychologist Maria Aranda Ph.D. Psychologist Saulo Araujo Ta Arb Natalie Arbid Linda Arbus Social Work Magali Aresu Ellen Arfin Social Work Jane Ariel Psychologist Vina Ariyaprakai M.D. Maria Arizmendi M.D. Physician Linda Arkin LCSW Social Work Ronald Arky M.D. Physician Regina Armas Ph.D. Psychologist Christine Armstrong Weronika Armstrong M.D. Physician Deborah Armstrong Ph.D. Amy Armstrong Social Work Heidi Arnholm Administrator Margo Aron Social Work David Around MPH Physician Chaya Aronson Ritika Arora M.D. Physician Jean Maria Arrigo Ph.D. Psychologist Luz Arroyo M.D. Physician Robert Arroyo LISW Social Work Karla Arroyo LCSW Social Work Dolly Arroyo CAE Social Work Kathie Arthursson RN Nurse Bonnie Arzuaga Physician Deborah Ascheim M.D. Physician Linda Ashbaugh Catherine Ashby LPC Noa Ashman LCSW-C Social Work Rose Ashraf Psychologist Sadia Ashraf-Benson D.O. Physician Maren Askins Psychologist Terese Atallah Celeste Atallah-Gutierrez Psychologist Helit Atar-Greenfield Ph.D. Psychologist Helit Atar-Greenfield Ph.D. Psychologist Imaz Athar Daniel Atkins Psychologist Thomas Atkins M.D. Psychiatrist Holly Atkinson M.D. Physician Eva Atsalis LCSW-R Social Work Sharon Attardo Nurse Ilana Attie Ph.D. Psychologist Kathern Auer D.O. Physician John Auerbach Ph.D. Psychologist Jennifer auf der Springe M.D. Physician Robin Aupperle Ph.D. Psychologist April Autry Physician Assistant Andrew Avault Social Work Catherine Avener M.D. Physician Jolenta Averill Lily Awad M.D. Psychiatrist Erin Awerkamp Social Work Jeffrey Axelbank Psy.D. Psychologist Steven Axelrod Ph.D. Psychologist Lorena Aynalem Social Work Naomi Azar Psychologist Victoria Azara Ph.D. Psychologist Codi Azuela LMHC Allison Azus Psy.D. Psychologist Mariel B Social Work Deidre B D.O. Physician Bhavana Babber Physician Sheldon Bach Ph.D. Psychologist Janet Bachant Ph.D. Psychologist Ann Bacharach Social Work Judith Bachay LMHC Danielle Back Physician Allison Bacon M.D. Physician Briahn Badelle LCSWSocial Work Beverly Badger Charlotte Badler RN Nurse Navroop Badyal Physician Carl Bagnini LCSW-R Social Work Kandy Bahadur Physician Muna Bahsali RN Nurse Sunhye Bai Ph.D. Psychologist Paola Bailey Psy.D. Psychologist Emily Bailey Social Work Meghan Bailey Exhibit 38, Page176 Case 3:18-cv-00428-DMS-MDD Case 1:18-cv-01458-PLF Document Document 78 13-13 Filed 06/25/18 Filed 06/26/18 PageID.1588 Page 13Page of 57182 of 259 Terra Bailey D.V.M. Parvathi Rau Bains Physician Laura Baird Psy.D. Psychologist Meera Bajwa M.D. Physician Nida Bajwa Emily Bakaj Public Health Jennifer Bakalar Ph.D. BeatriceBaker Amy Baker Kelley Baker Psychologist Amelia Baker M.D. Physician Judith Baker Lucas Baker-Siroty Psy.D. Eliza Bakken Physician Susie Baldwin Physician Richard Baldwin Viola Baldwin Elizabeth Baldwin Psy.D. Erin Baldwin Social Work Jenn Baldwin Miranda Balkin M.D. Physician Alexis Ball M.D. Physician Laurel Ball RNC Nurse Michele Ballet Psy.D. Psychologist Arthi Balu M.D. Physician Somalee Banerjee M.D. Physician Rona Bank ABPP Psychologist Laura Banks M.D. Physician Emma Banks Pamela Bannan RN Nurse Sarah Bannister D.O. Physician Sarah Bansen APRN-BC Nurse Julie Barajas RN Nurse Kim Baranowski Ph.D. Psychologist Tia Baratelle Administrator Kelly Barbour M.D. Physician Jill Barbre LCSW Social Work Cathy Bargar RN Nurse Lucille Barish Social Work Allison Barker-Ford Social Work Alicia Barmon Social Work Jeanne Barnard Nurse Bill Barnes Tina Barnet Heather Barnett Physician Eve Barnett LCSW Social Work Linda Barnhurst Psy.D. Joshua Barocas Physician Michael Baron Ph.D. Psychologist Erica Baron Corey Barr Romina Barral M.D. Physician Charmaine Barredo M.D. Physician Sandra Barreto Anastasia Barros Physician Daniela Bartalini Pat Bartels APRN-BC Nurse Thomas A Bartlett Psychologist Jessica Bartlett Ph.D. Bob Bartlett Ph.D. Psychologist Kira Bartlett Psy.D. Psychologist Kristy Kenyon Bartley Psychologist Michele Bartnett Ph.D. Psychologist Nicole Bartolini LCSW Social Work Kathleen Bar-Tur Social Work Amanda Barusch Ph.D. Social Work Amanda Bashir M.D. Physician Sabrina Basquez Social Work Daisy Bassen M.D. Psychiatrist Katie Bassoli LCSW Social Work Helene Bass-Wichelhaus Ph.D. Social Work Nicole Bates MSW Social Work Geoff Bathje Ph.D. Psychologist L. Batra Ph.D. Psychologist Jill Battalen Social Work Delia Battin Nerissa Bauer Physician Karyn Baum M.D. Physician Peter Baum D.O. Physician Susann Bauman Cynthia Baum-Baicker Ph.D. Psychologist Tondy Baumgartner M.D. Kelle Baxter Nurse Joseph Bayley Dr. Bronwyn Baz M.D. Physician Rebecca Bazell Daphne Beal Allison Bean M.D. Physician Barbara Beard D.O. Physician Jasjit Beausang M.D. Physician Lindsey Beaven Ph.D. Henry Beck Ph.D. Social Work Erin Beck Pharmacist Amy Beck M.D. Physician Tim Becker M.D. Physician Jordan Becker M.D. Physician Jen Becker Janice Beckert LPC Lauren Becton M.D. Physician David Bedell M.D. Physician Rachel Bedick LICSW Social Work Kaycee Beglau Psy.D. Psychologist Kasra Behizad Physician Nicole Kellan Behnke M.D. Physician Deanna Behrens M.D. Physician Jack Beinashowitz Ph.D. Psychologist Flor Beleniski Physician Gail Bell Ph.D. Psychologist Keisha Bell M.D. Physician Michelle Bell Psy.D. Psychologist Christine Bell Christi Bell Social Work Danielle Bellavance Medical Student Lauren Belleville Stacey Belliard Victoria Belliard Juan Carlos Belliard Public Health Stefanie Belnavis Alexander Belser Ph.D. Psychologist Jennifer Beltz Ken Benau Psychologist Thomas Bender Cara Benedetto Trude Bennett Dr.PH. Public Health Alyssa Bennett D.O. Physician Catherine Benoist Marilyn Benoit M.D. Psychiatrist Michele Benoit-Wilson M.D. Doris Benrey Psychologist Maryann Bens Psychologist Peter Bensen D.C. Megan Tracy Benson MSW Social Work Ruth Benson LCSW Social Work Stephen Benson Ph.D. Psychologist Dawn Bent Social Work Suzanne Benton M.D. Physician Alexandra Berardi Phyllis Beren Ph.D. Social Work Emily Berg Kiley Berg Katherine Berg M.D. Physician Melinda Berg Nurse Salli Berg Seeley Sasha Berger Ph.D. Psychologist Cherylynne Berger Social Work Suzann Bergeron Christina Bergin M.D. Physician Marion Bergman, MD Brandon Bergman Ph.D. Psychologist Margaret Bergmann-Ness Social Work Sandra Berher Susan Berkhout Social Work Bonnie Berkovitz Joan Berkowitz LCSW Social Work Sarah Berkson M.D. Psychiatrist Amanda Berling M.D. Physician Ellen Berman M.D. Psychiatrist Ariel Berman Psychologist Sheri Bernal Social Work Monica Bernheim LCSW-R Social Work Elizabeth Bernstein Ph.D. Psychologist Alice Bernstein Ph.D. Psychologist Amy Bernstein Anne Bernstein Ph.D. Psychologist Rebecca Bernstein M.D. Physician Stacey Bernstein-Haas M.D. Psychiatrist Julia Berreth Jennifer Berz Ph.D. Psychologist Luana Bessa Ph.D. Psychologist Katie Best LCSW Social Work Paul Betty Melissa Beveridge-Massard Meenakshi Bewtra M.D. Physician Rebecca Beyda M.D. Physician Chris Beyrer M.D. Physician Amit Bhardwaj Physician Maya Bhatia M.D. Psychiatrist Karunya Bhattacharya Catherine Bianchi Ph.D. Psychologist Sara Bickerstaff Rebekah Bickford Psy.D. Psychologist Sarah Biederman Heather Biedrzycki LMHC Matthew Biel M.D. Psychiatrist Nina Bien Psychologist Thomas Bien Ph.D. Psychologist Britt Bilal Eva Bilderbeck Nurse Julie Bindeman Psy.D. Psychologist Marian Birch D.M.H. Psychologist Brenda Birmann Public Health Amahl Bishara Natalie Bishop M.D. Physician Michael Bishop M.D. Physician John Bishop Psychologist Joleen Bishop Ruth Bittner Social Work Anne Biwen Ph.D. Psychologist Melissa Black Ph.D. Psychologist Chame Blackburn M.D. Physician Faith Blackmore Nurse Judith Blackwell Joy Blackwood Public Health Shirley Blaha Nurse Amy Blair M.D. Physician Lynne Blaisdell Social Work Leigh Blake Mary Blakeslee Ph.D. Psychologist Heather Blanchard Christiane Blanco-Oilar Ph.D. Psychologist Lily Blank Psychologist Kevin Blank Susan Blank LPC Terry Blanken Ph.D. Psychologist Christine Blasey Ph.D. Psychologist Courtney Blashki Social Work Mindy Blatt Administrator Andrew Blatter Social Work Richard Bliss M.D. Physician Elizabeth Bliss M. Gregg Bloche Psychiatrist Katie Bloom Social Work Joyce Bluestone LCSW-R Social Work Cori Blum AAHIVS Physician Maria Blum Social Work Lawrence Blum Psychiatrist June Blum James Blum Raia Blum Exhibit 38, Page177 Case 3:18-cv-00428-DMS-MDD Case 1:18-cv-01458-PLF Document Document 78 13-13 Filed 06/25/18 Filed 06/26/18 PageID.1589 Page 14Page of 57183 of 259 Dana Blyth M.D. Physician Amy Boardman LPN Nurse Judith Bobbe Social Work Kate Bock LCSW Maria Bodic Physician Kira Boesch Ph.D. Psychologist Joelle Boeve M.D. Physician Terri Bogage Social Work Nicole Bokat Tammy Bolin Nurse Nicole Bologniin LCSW Social Work Andrea Bomgaars D.V.M. Rachael Bonawitz Physician Trudy Bond Psychologist Rhonda Bonett Ph.D. Lorena Bonilla M.D. Physician Ja,es Bonnar M.D. Psychiatrist Arielle Bonne Social Work Brittany Bonner Social Work Aaron Bonner-Jackson Ph.D. Psychologist Alice Bontempo Dr.PH. Psychologist Andrew Bontemps Psychologist Annie Bonz Claire Boogaard Physician Barbara Booker CSW Social Work Susan Booth-Daniels Social Work David Bor Physician Christina Borba Ph.D. Kathi Borden Ph.D. Psychologist Alena Borgatti Medical Student Psychologist Néstor Borrero Ph.D. Psychologist Clari Borrero Physician Rachel Bosch Scientist Pauline Boss Ph.D. Psychologist Kristie Bosworth Psychiatrist Naomi Botkin M.D. Physician Steven Botticelli Ph.D. Psychologist Ghislaine Boulanger Ph.D. Psychologist Mirna Boumitri Physician Missy Bourassa Bernadette Bourassa CED Marianne Bouthilette Mary Bowers Ph.D. Psychologist Colleen Bowers Sacharitha Bowers M.D. Physician Kristin Bowles Social Work Jan Bowman Ph.D. Psychologist Sandy Bowman Jessica Boyatt Psychologist Jessica Boyatt Psychologist J. Wesley Boyd M.D. Physician Andrew Boyd Physician Rhonda Boyd Ph.D. Psychologist Darcy Boyd Nurse Sara Boyles Nurse Linda Bozza CM Yelena Bracchini M.D. Physician Juliet Bradley M.D. Physician Mary Brady Public Health Lorri Brady Gail Bragg Social Work Martha Bragin Social Work Deana Bramley Social Work Melissa Brand Psy.D. Psychologist Stephanie Brandt M.D. Psychiatrist Heather Branham LCSW Social Work Irina Bransteter Ph.D. Psychologist Jeanie Brasie Lucinda Bratini Ph.D. Psychologist Christine Bratton PT Jacqueline Brauer Social Work Elizabeth Braunreuther Teresa Bray Mary Braza Physician Susanne Breckwoldt Ph.D. Psychologist Leela Breitman Sarah Bren Ph.D. Psychologist Sharon Brennan Ph.D. Psychologist Mary Brennan Psychologist Sarah Brennan Ph.D. Psychologist Cameron Brennan M.D. Physician Liz Brenner LICSW Social Work Yocasta Brens Kerri Bresnan Psy.D. Psychologist Cheryl Brewer Nurse Noel Brewer Ph.D. Public Health Loretto Brickfield Ph.D. Psychologist Christine Bridges M.D. Physician Amanda Bridges MSEdPsychologist Jeralee Briggs Ph.D. Psychologist Kathryn Brigham Physician Aaron Brinen Psy.D. Psychologist Rachel Bring M.D. Physician Katie Britton Social Work Kate Brizzi M.D. Physician Janan Broadbent Psychologist Jeanne Brock MHP Social Work Julia Brockway M.D. Physician Bari Brodsky M.D. Physician Stephanie Brody Psy.D. Psychologist Leslie Brody Psychologist Yosef Brody, Ph.D., Clinical Psychology Mary Beth Brogan MSEd Samuel Broida Jessica Brokaw LCSW-C Social Work Keith Brooks Mary Brooks Nurse Dominique Brossard Mikki Broughton CMFT Psychologist Marge Broward Jen Brown LICSW Social Work Tara Brown Social Work Kathleen Brown Ph.D. Psychologist Julia Brown Ph.D. Ida Brown LMHC Colleen Brown M.D. Physician Susan Brown Psy.D. Psychologist Wayne Brown Danielle Brown Public Health Barbara Brown Ph.D. Psychologist Kathryn Brown Dr Pat Brown Ph.D. Psychologist Rebecca Brown Psychologist Melanie Brown Medical Student Mary Brown Nurse Jane Brown Marybeth Brown Allison Brown Joedrecka Brown Speights M.D. Physician Jessica Browne Social Work Joshua Brownlee M.D. Physician Vered Brownstein Social Work Linda Brown-Tiritilli LMFT Thomas Bruce Psy.D. Psychologist Julie Brueggemann Diane Bruessow, PA-C April Brumson APRN Nurse Kristen Bruneau Frank Bruno Sarah Brunt Cathe Bruso LCAT Social Work Linda Bryant Mariel Bryden Physician Beverly Brysk Ph.D. Psychologist Wilma Bucci Ph.D. Psychologist Lisa Buchberg Psychologist Gretchen Buchenholz Administrator Susan Buck Scientist Carol Buckley Ayanna Buckner Physician Karen Budd Ph.D. Psychologist Anne Buechl Joseph Buffone Social Work Quynh Bui Physician Lydia Buki Ph.D. Psychologist Jennifer Bumpus Psy.D. Psychologist Jessica Buonocore Janet Burak LCSW-R Social Work Emma Burbank Physician Benjamin Burenstein Suzanne Burger Psy.D. Psychologist Lisa Burger Nurse Jacqueline Burgos Nancy Burke Ph.D. Psychologist Laura Burke M.D. Tracy Daniel Burke Psy.D. Psychologist Jennifer Burnett Mikaela Burnham M.D. Physician Erin Burns Sarah Burns M.D. Physician Cheryl Burns LPC Psychologist Autumn Burris Adam Burrows Physician Marcy Burstein Psychologist Rebecca Burton LMFT Bettina Buschel LMHC Kevin Bush Ph.D. Bob Bussel Rianne Bustamante RNC Nurse Melissa Butler Ph.D. Psychologist Reagan Butler Nola Butler-Byrd Ph.D. Brenda S Butzel Social Work Leonce Byimana MPH Administrator Aliya Bynum M.D. Physician David Byrom Ph.D. Psychologist Jaehyun Byun M.D. Physician Nancy Cabelus APRN-BC Forensics Cynthia Cabral Ph.D. Psychologist Jane Caflisch Ph.D. Psychologist Laura Caghan Psy.D. Psychologist Laura Caghan Psy.D. Psychologist Pat Cahill Watson Nicole Cain Ph.D. Psychologist Dotty Caldwell LCPC Susan Caldwell Archna Calfee M.D. Physician Cristina Calhoon Eric Caliendo Pamela Calkins Megan Callahan Ph.D. Elena Callahan Kathryn Callahan Physician Janet Callum Jose Camerino LISW Social Work Anicea Campanale Amber Campbell LMHC Megan Campbell LMSW Social Work Michael Campbell Willa Campbell Anna Campion Ph.D. Psychologist Amelia Campos M.D. Physician Lynae Canales M.D. Physician Julia Candela Psychologist Lucy Candib M.D. Physician Lynn Cannici Gail Canzano Ph.D. Psychologist Rebecca Capasso M.D. Psychiatrist Tracy Capes M.D. Physician Alexis Capestany Nancy Caporaso Melisa Caprio Rose Capurso Psychologist Daniela Caraballo Social Work Carolyn Carbone Ph.D. Psychologist Cheryl Card Ph.D. Psychologist Linda Carden Nurse Alondra Cardenas Physician Alonso Cardenas M.D. Psychiatrist Dana Cardin M.D. Physician Exhibit 38, Page178 Case 3:18-cv-00428-DMS-MDD Case 1:18-cv-01458-PLF Document Document 78 13-13 Filed 06/25/18 Filed 06/26/18 PageID.1590 Page 15Page of 57184 of 259 Jinyen Carew Sandra Carey Psy.D. Psychologist Michele Carfiello Public Health Elizabeth Caritj LCSW-C Social Work Elizabeth Carley Vanessa Carlo Physician Megan Carlos Ph.D. Psychologist Martha Carlough Physician Cindy Carlson Ph.D. Psychologist Laura Carlson M.D. Physician Laurie Carmichael CPNP Nurse James Carnelia Ph.D. Psychologist Ann Carnevale Medical Student Physician Yvette Caro Ph.D. Psychologist Sarah Carpenter M.D. Physician Erica Carr LCSW Social Work Daisy Carrasquillo Social Work Heidi Carrillo Lisanne Carr-Jos CHFS Monique Carroll APRN Physician Maureen Carroll Larkin Carroll Social Work Monica Carsky Ph.D. Psychologist Lesley Carson Physician Denise Carter Nurse Stephanie Carter LCSW Social Work Nicole Carter M.D. Physician Marie Caruso-Teresi, ATR-BC Alan Carver M.D. Physician Ilene Carver Deborah Carver M.D. Psychiatrist Alfred Casale Lauren Casapulla MAOM Psychologist Kristy Case LCSW Social Work Gretchen Case Ph.D. Consuelo Casillas M.D. Physician R. Omar Casimire Taymy Caso Julio Casoy Physician Flavio Casoy M.D. Psychiatrist Patricia Cassidy Nurse Kate Cassidy-DeVito CNM Veronica Castaldi Lourdes Castañon-Ditillo M.D. Physician April Castillo M.D. Physician Betsy Catalano Social Work Alexandra Cattaruzza Psychologist Marissa Caudill Psychiatrist Kelsey Cavanagh-Strong Social Work Patricia Cavanaugh William Cayley M.D. Physician Traci Caywood RN Nurse Diana Cejas M.D. Physician Marianne Celano Ph.D. Psychologist Armand R Cerbone Ph.D. Psychologist Colleen Ceremuga M.D. Physician Lilia Cervantes Physician Eunice Cervantes Christine Cesa Social Work Brittany Cesar Physician Elizabeth Cestero Social Work Smitha Chadaga M.D. Physician Jeanne Chadwick Ph.D. Public Health Melissa Chai Rachel Chalmer M.D. Physician Anne Chamberlain Physician Linda Chamberlin Scientist Renae Chambers Vivian Chan Medical Student Physician Wendy Chan Psy.D. Psychologist Karen Chandler M.D. Physician Jane Chandley NP Sam Chang Physician Jennifer Chang Kimberly Chang M.D. Physician Doreen Chang Catina Chang Ph.D. Psychologist Lorena Chang Dorothy Chao Nurse Natalie Chap MSW Social Work Claudia Chapa M.D. Physician Teresa Chapa Ph.D. Psychologist Lisa Chapman Paige Chapman-Layland Mitchell Charap M.D. Physician Dana Charatan Psy.D. Psychologist KC Charette Psy.D. Psychologist Julie Charette Nunn Kimberly Charlebois LPN Nurse Kimberly Charlebois LPN Nurse John Charles Emily Charvis LCSW Social Work Alison Chase ANP Avik Chatterjee Physician Bithi Chatterjee Scientist Akshata Chaudhary Nila Chauhan M.D Physician Felicia Chavando Krishna Chavda Gerald Chavez Ph.D. Psychologist Mira Chaykin Lorna Cheifetz Psy.D. Psychologist Emily Chen Physician Stephanie Chen Physician Leian Chen M.D. Physician Austin Chen Isabelle Chesley Nurse Serana Chester Psychologist Laura Chester LMHC Zahra Chevannes Social Work Gurbir Chhabra Physician Jennifer Chia M.D. Physician Natasha Chida Physician Lucy Chie M.D. Physician Donna Chimera Ph.D. Psychologist Mary Chiou M.D. Physician Beth Chirillo Makini Chisolm-Straker Allison Chizum Nurse Anne Chmilewski M.D. Physician Deborah Choate M.D. Psychiatrist Komal Choksi Ph.D. Psychologist Sapna Chopra Psychologist Eve Chou Nurse Alice Christensen Ph.D. Psychologist Laura Christensen LCSW Social Work Mary Christensen Ph.D. Social Work Nicole Christian-Brathwaite M.D. Physician Teresa Christmas PC Paulette Christopher Psychologist Ilia Christy Physician Krista Chronister Psychologist Michelle Chu Physician Tina Chu M.D. Physician Cheryl Church Elizabeth Cieri Psychologist Pamela Cipriano Ph.D. Nurse Phoebe Cirio LCSW Social Work Lauren Ciszak M.D. Physician Eleba Clamen Megan Clapp MACP Psychologist Melissa Clapp Elizabeth Clark Psychologist Guiselle Clark M.D. Physician Renea Clark Nurse Sarah Clark Twyla Clark PA-C Dorothy Clarke John Clarkin Ph.D. Psychologist Megan Clary Ph.D. Psychologist Christina Clasp Social Work Philip Claus Social Work Lance Clawson M.D. Psychiatrist Gillian Claycomb Sarah Cleary Ph.D. Psychologist Erin Cleary M.D. Physician Monica Clement Psychologist Anne Clements Social Work Courtney Clifford Elayne Clift Jim Clopton Ph.D. Psychologist Cynthia Closs D.S.W. Social Work Autumn Cloud-Ingram LMSW Social Work Kai Clough Erin Clowes Scientist Mary Coakley-Welch Ph.D. Psychologist Ashley Coats Psychiatrist Ali Cobb Mary Cobb Nurse Rachel Cobb Margaret Coble Catherine Coble LCSW-C Social Work Daniel Cochrane Laura Coffey LCSW-R Social Work Ellen Coffey Ph.D. Psychologist Erica Coffin M.D. Physician Alison Cogan Scientist Robert Cohen M.D. Physician Sarah Cohen M.D. Psychiatrist Mardge Cohen M.D. Physician Elise Cohen Ph.D. Samuel Cohen Physician Rebecca Cohen AAHIVS Physician Terri Cohen Lisa Cohen Ph.D. Psychologist Rebecca Cohen Ph.D. Psychologist Barbara Cohen Psychologist B. Beth Cohen Ph.D. Psychologist Naomi Cohen Janice Cohen Julie Cohen Nurse Robyn Cohen Psychologist Gwen Cohen-Brown D.D.S. Shara Cohn M.D. Physician Richard Cohn-Lee Jesse Cole Physician Jennifer Coleman Stephanie Coleman LMFT Linda Collazo M.D. Physician Crystal Collier Psy.D. Psychologist Meaghan Colling Physician Cheryl Collins M.D. Psychiatrist Kevin Collins RN Nurse Sara Colm Niki Colombino Ph.D. Psychologist Cassie Colwell Physician Gene Combs M.D. Psychiatrist Allegra Condiotte Alissa Conklin M.D. Physician MaryAnn Conley Lynette Connell M.D. Physician Jennifer Connell Social Work Mark and Nancy Jo Connell Patrick Connelly Psy.D. Psychologist Karin Connelly Ph.D. Psychologist Meghan Connett Physician Sara Connolly M.D. Physician Kristen Connolly M.D. Physician Daniel Connolly Shae Connor M.D. Physician Brenna Conroy Physician Shilpa Constantinides Public Health Stephanie Constantino M.D. Physician Kimberly Contant Nurse Veronica Contreras D.O. Physician Paola Contreras Psy.D. Psychologist Keith Cook Ed.D. Psychologist Keith Cook Ed.D. Psychologist Exhibit 38, Page179 Case 3:18-cv-00428-DMS-MDD Case 1:18-cv-01458-PLF Document Document 78 13-13 Filed 06/25/18 Filed 06/26/18 PageID.1591 Page 16Page of 57185 of 259 Lisa Cook Kristopher Coontz Physician Katherine Cooper LCSW Social Work Anna Cooper Social Work Jesanna Cooper M.D. Physician Jolie Cooperman Carmen Coots Teresa Coppola Social Work Maureen Corbett Psychologist Janet Cordell RN Nurse Claudia Cordoba Physician McKenna Corlis Dana Corman Social Work Maria Corona Elizabeth Corsale Sara Cortes Physician MaryAnn Cortez-Jesse Nurse William Cosgrove M.D. Physician Shari Coskey, Ph.D. Psychologist Saba Cossor M.D. Physician Gerard Coste M.D. Physician Margaret Costello Christie Cotcher Emily Cotter M.D. Physician Deborah Cotton Physician Maripat Cottone Nurse Ailish Coughlan Kelly Coulehan Ph.D. Psychologist Kimberley Coup Christine Courtney M.D. Physician Michael Cover Shannon Covitz D.O. Physician J Carolyn Cowan Ph.D. Psychologist Mackenzie Cox Social Work Valerie Cox Pharmacist Lisa Cox MSW Social Work Susan Coyle Scientist Stephanie Coyne Ph.D. Psychologist Erik Craig Psychologist Joy Crandall D.O. Physician Leilani Crane Psychologist Susan Crane Nurse Lisa Cranmer Physician Thomas Crawford Psychologist Jennifer Creedon M.D. Physician Allison Cressy Public Health Julie Ann Crewalk M.D. Physician Janice Crist Nurse Diane Critchlow Kelly Cromer Psychologist Hope Cromer Psychiatrist Jay Crosby Ph.D. Psychologist Sondra Crosby M.D. Physician Meghan Crosby Budinger LCPC Amanda Crosier-Riffle M.D. Psychiatrist Michael Crouch Allison Croucher D.O. Physician Denise Crowther Brenndan Crumley Craig Cruzan Ph.D. Psychologist Zandra Cruz-Paul Social Work Brigette Cuffia Nancy Culhane Psychologist Rachel Cull Psy.D. Psychologist Ellen Cullen Social Work Rebecca Culver Charles Cuneo Physician Tiffany Cunningham LICSW Forensics Thomas Cunningham Physician Juanita Curran Social Work Anjuli Curran Social Work Linda Curreri Katrina Curry LMFT Colleen Curtin Physician Judy Curtis Psychologist Sharon Cushman Dr.PH. Psychologist Michelle Cushman Psychologist Adele Cuthbert Ph.D. Psychologist Beverly Cutler Psychologist Michelle Cutler Ph.D. Psychologist Mona Cutolo Alexandra Cyr Andrea Cyr LPC Bruce Czuchna Psy.D. Psychologist Laura Czulada D.O. Physician Cassandra D’Accordo Ph.D. Psychologist Ann D’Ercole D.Phil.Psychologist Kathy Da Silva Social Work Laura DaBruzzi Social Work Clifford Dacso Physician Mara Dacso M.D. Physician Matthew Dacso M.D. Physician Kirsten Dahl Ph.D. Non-MD Amber Daigle Jamila Dakhari Psy.D. Psychologist Mona DalalM.D. Physician Tammy Dale Psychologist Renee Daley Social Work Sara Daly LCSW-C Social Work Megan Daly Mike Daly Amy Damashek Psychologist Elisheva Dan Ph.D. Psychologist Lisa Danaczko Megan D'Andrea Ellyn Daniels Ph.D. Psychologist Ron Daniels Valerie Danielson M.D. Physician Barbara Danish Nancy Dankiw David Dantzker, MD Kelly Dardeen Ph.D. Psychologist Sherry Darr Allison Darrow Administrator Katherine Darwish Psychologist Moupali Das M.D. Physician Debesh Das Public Health Arijit Dasgupta Physician Heather Data and Planning Manager Administrator Rachelle Dattner Ph.D. Psychologist John Dauer Social Work Sigrid DaVeiga M.D. Physician Edward DaVeiga Physician Sonya Davey Lance Davidow Ph.D. Kristin Davidson Jenny Davidson Leslie Davidson M.D. Physician Leela Davies M.D. Physician Tammara Davis M.D. Psychiatrist Kristin Davis Mary Davis Stacie Davis Martha Davis Ph.D. Psychologist Heather Davis Diane Davis LCSW Social Work Elizabeth Davis LICSW Social Work Dawn Davis Physician Deborah Dawson Psy.D. Psychologist Stephanie Dawson Bria Day Deborah Day Psy.D. Psychologist Zara Day MPH Public Health Manisha Dayal Psy.D. Psychologist Trish Dayan Social Work Cathy Dayan Cecile de Lardemelle Psy.D. Psychologist Cynthia de las Fuentes Psychologist Amanda De Laurentiis Angeles de Leon MSW Social Work Rafael De Leon Nicholas De Los Reyes Ph.D. Psychologist Christine De Luca Administrator Daphne de Marneffe Ph.D. Psychologist Lauren De Nitto Social Work Helene De Rengerve Administrator Isak de Vries LCSW Social Work Ellen DeBiase Katrina Debs Lisa Deck Social Work Norman Decker M.D. Psychiatrist Chelsea Decker Nurse Bahney Dedolph Social Work Gina DeGiovanni M.D. Physician Caitlin Deighan Marla Dekker Dina del Amo Psy.D. Psychologist Leslie Delavan Mona Delavan Ph.D. Psychologist Mercedes Delgado M.D. Physician Mary Delgado MPH Public Health Mercedes Delgado-Lantigua Th.D. Chantè DeLoach Psy.D. Psychologist Leyland DelRe RN Nurse Anthony DeLuca Gloria Demby LCSW-R Social Work Gisela Demko Psychologist Elizabeth Demma RRT Colleen Dempsey Social Work Mark Denison Ph.D. Psychologist Miriam Denmark Social Work Lauren Dennehy Social Work Kathy Dennis Nurse Al Dennis Nurse Marc Dentico-Olin M.D. Physician Carole Denton Elizabeth Derbes MPH Public Health Aimee Dershowitz Psychologist Peggy Dervitz Social Work Purnahamsi Desai Physician Malini Desai Sheetal Desai D.O. Physician Kristin DeSantis Physician Robin Deutsch Psychologist Robin Deutsch Ph.D. Psychologist Josephine Deutsch Nurse Rosalyn Deutsche Michael Devlin M.D. Psychiatrist Elizabeth DeVries Nurse Madeline DeWane Mavis DeWees Raphael Deykin Kristin Dezen Psychologist Ramandeep Dhillon M.D. Physician Harinder Dhindsa Physician Elizabeth Diamond Ph.D. Psychologist Ellen Diamond Psychologist Caroline Dias Physician Kevin Diasti M.D. Physician Erick Diaz Chanelle Diaz Physician Monique Díaz M.D. Physician Sara Diaz Physician Donna DiCello Psy.D. Psychologist Lyn Dickert-Leonard M.D. Physician Agnes Dickson Ph.D. Psychologist Amy Dierberger Ph.D. Psychologist JoAnn Difede Ph.D. Psychologist Una Diffley Public Health Abigail Dillaha Scientist Mark Dilley Colleen Dillon Ph.D. Psychologist Oscar Dimant Medical Student Physician Amy Dimun Adriana DiNardo LCSW-R Social Work Matthew Diner Ph.D. Social Work Khanh Dinh Ph.D. Psychologist Joan Dinkelspiel Danielle Dion M.D. Physician Patricia Dion Exhibit 38, Page180 Case 3:18-cv-00428-DMS-MDD Case 1:18-cv-01458-PLF Document Document 78 13-13 Filed 06/25/18 Filed 06/26/18 PageID.1592 Page 17Page of 57186 of 259 Maryanne DiPasquale Lori DiPrete Brown MSPH Public Health Aislyn DiRisio Rachel Dishong RN Nurse Jessica Disney Michael Ditillo D.O. Physician Floyd Dix MSW Social Work Tristen Dixey Thomas Dixon Psychiatrist Jessa Dmytryszyn Psychologist Stephanie Doane Ph.D. Psychologist Betsy Dobbins Social Work Bruce Dobkin M.D. Physician Diana Dodds Nurse Chelsea Dodgen LCSW Social Work Katharine Doel LCSW Social Work Barbara Doggett Paul Doherty M.D. Physician Terrance Dolan Ellen Dolce LCSW Social Work Eszter Domjan Julia Donahue-Wait RN Public Health Emily Donaldson-Fletcher M.D. Physician Carol Donalson LPC Elizabeth Donger Public Health Cathy Donnenwirth LPC Michael Donner Ph.D. Psychologist Lynn Donoghue Lucas Donovan Nurse Molly Donovan Ph.D. Psychologist Samuel Donovan M.D. Physician Katherine Donovan Melissa Donovick Psychologist Anne Marie Dooley Social Work Aliza Dorevitch Benjamin Dorevitch Robert Dorfman Lori Dorfman Dr.PH. Public Health Caroline Dorsen Nurse Amrit Dosanjh Laura Doty Ph.D. Psychologist Susan Doty Ann Douglas Psychologist Nina Douglass LICSW Social Work Hillary Douin Social Work Meredith Dove Ph.D. Psychologist Patricia Dowds Ph.D. Psychologist Kristin Dowell Elizabeth Downing Jennifer Downs Psychiatrist Mary Cele Doyle Kathleen Doyle Physician Ina Doyle Allison Doyle Public Health Michelle Doyle Reinhild Draeger-Muenke Psychologist Mihaela Dranoff Psychologist Albana Dreshaj Physician Amy Drever Social Work Carmel Drewes Social Work Lisa Drexler Ph.D. Psychologist Rebecca Drill Ph.D. Psychologist Jennifer Driscoll LMFT Patrice Drolte Nurse Howard Drutman Ph.D. Psychologist Joy Dryer Ph.D. Psychologist Becca Dryer Robin Du Fang Duan Dr.PH. Social Work Lisa Dubinsky Psy.D. Psychologist Joanna Dubinsky Andy Duffy Social Work Martha Dugan Ph.D. Psychologist Kelly Duggan Psychologist AJ Dugger Ph.D. Psychologist Alison Duncan M.D. Psychiatrist Lesford Duncan Administrator Joan Duncan Ph.D. Psychologist Deborah Dunevant Elizabeth Dunford Nurse Kathleen Dunn Psychologist Linda Dunwoodie LMFT Psychologist Melina Dupin-Girod Vanessa Durand DO Physician Alejandra Durango Psychiatrist Rosemary Durousseau Psychologist Audrey Durrant M.D. Physician Silvia Dutchevici LCSW-R Social Work Erica Dwyer M.D. Physician Carol Ann Dyer M.D. Psychiatrist Robert Dyer LMHC Ilene Dyller Ph.D. Psychologist Ann Dypiangco Social Work Anna Dzierzgowska Shawna Eaddy Administrator Linda Earley Psy.D. Psychologist Lauren Earls Ph.D. Psychologist Derek Easley Social Work Ann Easterbrooks Ph.D. Merle Eaton LPN Nurse Devon Ebbing M.D. Physician Art Eccleston Psy.D. Psychologist Kelsey Echols M.D. Physician Jennifer Eckersley William Eddy Sara Edelstein Madison Edens Medical Student Physician Anna Eder LISW Social Work Karli Edholm M.D. Physician Susan Edlis Social Work Jen Edman M.D. Physician Mark Edwards Beverly Edwards M.D. Physician Erin Egan Social Work Cameron Egan Social Work Jonas Ehudin Social Work Luise Eichenbaum Social Work Meredith Eicken Physician Roy Eidelson Ph.D. Psychologist Danielle Eigner DO Physician Nancy Einbinder Elizabeth Einhart Jay Einhorn Ph.D. Psychologist Laura Eisdorfet Psy.D. Psychologist Lynne Eisenberg Social Work Vivien Eisenberg M.D. Psychiatrist Mark Eisenberg ANP Physician Janie Eisenberg ACSW Social Work Leo Eisenstein Medical Student Barbara Eisold Ph.D. Psychologist Gina Eixhenbaum-Pikser Carolina Ekonomo MHP Psychologist Carolina Ekonomo MBA Psychologist Omer Elad MSW Sarah Eley Social Work Sarah Elgart NP-C Nurse Mirret El-Hagrassy Physician Alison Elia R. Hope Eliasof LICSW Social Work Ori Elis Psychologist Jenny Elizabeth Rosalie Elkinton Nurse Meira Ellias LCSW-C Social Work Kayleena Ellins Psychologist Laura Elliott FNP-BC Nurse John Elliott LMFT Daniel Goldy Psychiatrist Wendy Most LCSW Social Work Stepam Tenda Ph.D. Psychologist Charles Elliot Ph.D., Psychologist Elizabeth Elliott, Nurse Lucia Ellis, LCSW Christine Ellis Lauren Ellis, APN Carolyn Ellman Ph.D., Psychologist Nancy Elman Ph.D., Psychologist Allison Elmer CPH, Public Health Britt Elsing LMHC Parisa Emam Jo Emerald , Nurse Jessica Emerson, Social Work Eleanor Emery M.D., Physician Kasie Emery Michelle Emrich M.D., Physician Alicia Enciso Ph.D., Psychologist Nonso Enekwechi M.D., Psychiatrist Melissa Engel, Physician Rachel Engelberg M.D. , Physician Elizabeth Engelberg Psychologist Diane Engelman Ph.D., Psychologist Abigail English Cristina English, Nurse Laura Ennis Ruth Enriquez PT Dee Enst D. E-Platt LMT Ronald Epstein M.D., Physician Sue Epstein Ph.D., Psychologist Daniel Epstein Tamar Epstein-Kaye Psy.D., Psychologist Anne Erde Lisa Erlanger M.D., Physician Suzanne Ernst Psy.D., Psychologist Emily Eruysal Cynthia Ervin Ph.D., Psychologist Sabrina Esbitt Ph.D., Psychologist Leo Esclamado, Social Work Susan Esquilin Ph.D., Psychologist Jenna Essakow, Physician Todd Essig Ph.D., Psychologist Roberta Estar Ph.D., Psychologist Karen Estefane Ph.D., Psychologist Joey Estrada Ph.D., Social Work Erin Etzel Ph.D., Psychologist Lindsay Eun M.D., Physician Diane Evano Mary Evans M.D., Physician Emily Evans Jeanne Even, Social Work Sandra Everlove Elizabeth Evert LCSW-R, Social Work Nate Ewigman, Psychologist Daniel Ezzo Medical Student Physician Laurence Fabre-Welmond, Social Work Mary Fabri Psy.D., Psychologist Rebecca Fadil LCSW, Social Work Sharon Fagin Ph.D., Psychologist Karen Faherty Rosen Ph.D., Psychologist Nancy Fair Ph.D. Dana Fairbanks M.D., Physician Deborah Fairbanks Angela Fairweather, Psychologist Dorothy Falarski Liz Falco RN, Nurse Marissa Falkiewicz M.D., Physician Olivia Familusi, Medical Student Physician Nicole Fanarjian Physician Nora Fandino Social Work Beverly Fang, Psychiatrist Shelli Farhadian, Physician Anthony Farley Anthony Farley Elizabeth Farmer, Social Work Michelle Farmer Caroline Farnham, Social Work Minnah Farook, Psychologist Rachel Farr, Psychologist Pamela Farrell LCSW, Social Work Catherine Farrell MaryCate Farwell Exhibit 38, Page181 Case 3:18-cv-00428-DMS-MDD Case 1:18-cv-01458-PLF Document Document 78 13-13 Filed 06/25/18 Filed 06/26/18 PageID.1593 Page 18Page of 57187 of 259 Elizabeth Faus Psy.D., Forensics Nathan Favini M.D., Physician Rachel Fay Shaena Fazal Piergiuseppe Fedele M.D., Psychiatrist June Feder Ph.D., Psychologist Naomi Feiman M.D., Physician Eric Fein M.D., Physician Deborah Fein M.D., Physician Kenneth Feiner, Psychologist Susan Feingold Psy.D., Psychologist Ron Feintech Ph.D., Psychologist Luz Felix-Marquez M.D., Physician Stephanie Fellenberg Psy.D., Psychologist Samuel Fels Joyce Felsenfeld Jamie Fenimore Lenore Fenn Tim Fenton Hope Ferdowsian M.D., Physician Robin Ferguson Luz Fernandez M.D., Physician Wendy Fernandez Pamela Fernandez Marialys Fernandez RDH Rebecca Fero, Social Work Aliya Feroe , Physician Natalie Ferraiolo M.D., Physician Rebecca Ferri Chris Ferrill Ellen Fetchiet, Social Work Sue Ellen Feuerstein Dara Fields CNM Jill Fieleke, Nurse Megan Fiero, Social Work Sarah Filer RN, Nurse Beryl Filton Ph.D., Psychologist Alan Filzer D.D.S. Meaghen Finan, Physician Suzann Finch Nika Finelt M.D., Physician Mary JohannaFink M.D., Physician Jo-Ann Finkelstein Ph.D., Psychologist Toby Finneman Ellen Finney M.D., Physician Joan Fiorello Ph.D., Psychologist Lia Fioroni Kim Firn Jennifer Cecilia Fish M.D., Physician Rachel Fish Psy.D., Psychologist Angella Fish Pharm.D., Pharmacist Jessica Fish, Public Health Anne Fishel Ph.D., Psychologist Celia Fisher Ph.D., Psychologist Janet Fisher Ph.D., Social Work Judy Fisher, Social Work Josie Fisher Lana Fishkin, Psychiatrist Anna Fishzon Ph.D. Stephanie Fitting CNM, Nurse Lindsay Fitzgerald LMSW, Social Work Morgan Fitzpatrick ANP-BC Megha Fitzpatrick, Physician William Flack Ph.D., Psychologist Michelle Fladebo RN, Nurse Cynthia Flannery LCSW-C, Social Work Brittany Flemming Sarah Flemming M.D., Physician Mark Flescher Ph.D., Psychologist Ryan Flinn, Psychologist Monica Flint Kathleen Flinton LICSW, Social Work Juan Flores D.O., Physician Vanessa Flores M.D. Sharon Flory LCSW-R, Social Work Rebecca Flugrad Beth Flumignan Milana Flusberg, Physician Eugene Flynn CSW, Social Work Ann Flynn Ed.D. Psychologist Mary Flynn M.D., Physician Sharon Flynn M.D., Physician Monica Fogarty M.D., Physician Katie Fogel , Public Health Jennifer Fojtik Sara Folden LICSW Social Work Kathleen Foley M.D., Physician Suzanne Foley Virginia Fonner Ph.D., Public Health Noemi Ford, Psychologist Laura Ford, Social Work Terence Ford, Psychologist Elizabeth Ford M.D., Psychiatrist Kathryn Ford Ph.D., Psychologist Denisse Forghani M.D. , Physician Jenny Forman Sarno, Social Work Evan Formosa, Medical Student Miriam Fors FNP-BC, Nurse Lisa Fortuna M.D., Psychiatrist Shelly Foster Amanda Foster Ph.D., Psychologist Teresa Foster DO, Physician Jennie Foster, Physician Charissa Fotinos M.D., Physician Eric Fox, Physician Peter Fraenkel Ph.D., Psychologist John Frampton Psy.D., Psychologist Kathy Franchek M.D., Physician Stephanie Francis Diana Franco, Social Work Wendy Franco Ph.D., Psychologist Marion Frank Ed.D., Psychologist Arlene Frank Ph.D., Psychologist Jodi Frankel Ph.D., Psychologist Steven Frankel M.D., Psychiatrist Randy Frankel LCSW, Social Work Heather Frankfort Katie Franko Alhambra Frarey, Physician Elise Fraser Chris Fraser, Social Work Elio Frattaroli, Psychiatrist Jennifer Fray Psy.D., Psychologist Stacy Frazier, Psychologist Heather Frechette Psy.D., Psychologist Karla Fredricks, Physician Alexis Freedberg M.D., Physician Wendy Freedman Ph.D., Psychologist Robin Freedman LPC Michael Freedman M.D., Physician Carol Freedman-Doan, Psychologist Bryony Freij LCSW, Social Work Shelby French, Social Work Katherine French, Nurse Elizabeth Frenette Erin Frick Psy.D., Psychologist Joanna Fried M.D., Physician Jill Frieders PNP, Nurse Stephen Friedman Ph.D., Psychologist Jaime Friedman M.D., Physician Joy Friedman M.D., Physician Jean Friedman LCSW, Social Work Jeanne Friedman, Nurse Heather Frost, Social Work Lindsay Fry, D.V.M. Sandra Fryrear LCSW-R, Social Work Milton Fuentes Psy.D., Psychologist Annie Fukushima Ph.D., Social Work Hina Fullar MBBS, Psychiatrist Jennifer Fuller Psychologist Ashley Fuller M.D., Physician Amy Funkenstein M.D., Psychiatrist Toby Furash, Public Health Crea Fusco M.D., Physician Ilaria Fusina, Social Work Stephanie Gabriel LICSW, Social Work Sonya Gabrielian M.D., Psychiatrist Susan Gadoua LCSW, Social Work Vandy Gaffney M.D., Physician Deborah Gage, Physician Anne Gaglioti M.D., Physician Vivian Gainer Faith Galderisi D.O., Physician Miriam Galescu M.D., Psychiatrist Giselle Galindez Katharine Gallagher, Social Work Judith Gallant LCSW-C, Social Work Kathy Gallardo M.D., Psychiatrist Dolores Gallegos RN, Nurse Deborah Gallegos, Nurse Diane Galleher Aileen Galley, Social Work Jacqueline Gallios, Psychologist Kelly Gallivan, Nurse Ashley Gallo, Public Health Karen Galvan Laura Galvan Maria Galvez Ximena Galvis Alice Gambardella Barbara Gamble, Psychologist Simone Gamble, Social Work Christopher Gamboa, Public Health Ingrid Gamez Joanna Gan M.D., Physician Laurie Ganberg LICSW, Social Work Nathalie Gangel David Gangsei Ph.D., Psychologist Catherine Gannage Wendy Garabedian, Physician Melinda A Garcia Ph.D., Psychologist Eric Garcia Stephanie Garcia AAHIVS, Physician Cristina Garcia, Physician Jorge A. Garcia M.D., Physician Krysti Garcia Lydia Garcia D.O., Physician Ximena Garcia M.D., Physician Ruth Garfield M.D., Physician Bonnie Garfield, Psychologist Tracy Garrett Ph.D., Psychologist Elaine Garrod Psy.D., Psychologist Theresa Garvin LICSW, Social Work Leticia Garza Erin Garza M.D., Physician Camille Garza Ph.D., Psychologist Alvaro Garza M.D., Public Health Aviva Gaskill Ph.D., Psychologist Cynthia Gasper M.D., Physician Dafna Gatmon Ph.D., Psychologist Tami Gatta Mason Gauss D.V.M. Brenda Gauthier, Social Work Tania Gauvin Athena Gavaris, Social Work Megan Gaydos, Public Health Helen K. Gediman Ph.D., Psychologist Nan Gefen Ph.D., Social Work Kristi Geissler Ph.D., Psychologist Jenny Geller, Social Work Marx Genovez M.D., Physician Jill Gentile Ph.D., Psychologist Emily Georges Lisa George-Svahn Nurse Jean Geran Ph.D. Susan Gerber M.D., Physician Jaime Gerber M.D., Physician Lisa Gerdes, Nurse Margie Gerena Lewis M.D., Physician Ann Gerhardt M.D., Physician Mindy Gershon Exhibit 38, Page182 Case 3:18-cv-00428-DMS-MDD Case 1:18-cv-01458-PLF Document Document 78 13-13 Filed 06/25/18 Filed 06/26/18 PageID.1594 Page 19Page of 57188 of 259 Samuel Gerson Ph.D., Psychologist Ruth Gerson M.D., Psychiatrist Barbara Gerson Ph.D., Psychologist Meg Gerstenblith, Physician Erin Gertz M.D., Physician Frances Geteles Ph.D., Psychologist Lindsay Gezinski Ph.D., Social Work Sogand Ghassemi M.D., Psychiatrist Lia Giannosa Elizabeth Gibbons, Social Work Joanna Gibbons D.O., Physician Matthew Gibson, Psychiatrist Samantha Gibson Randall Gicker RN, Nurse Victoria Giffi M.D., Physician Jonathan Giftos M.D., Physician Shawn Gilbert Sara Gilbert Ph.D., Psychologist Jill Gilbert M.D., Physician Jacqueline Gilbert Psy.D., Psychologist William Gilbert Ph.D., Social Work Laelia Gilborn, MPH, LICSW Kelly Gilbreth, Social Work Ashu Gill M.D., Psychiatrist Lily Gill Alissa Gilles, Physician Linda Gillespie Kristina Gilley LCSW, Social Work Theresa Gillis M.D., Physician Martha Gilmore Ph.D., Psychologist Katherina Gindinova Larry W Gingold Psy.D., Psychologist Janice Ginsberg, Social Work Taania Girgla Blean Girma MPH, Public Health Caroline Giroux M.D., Psychiatrist Deborah Giroux, Psychologist Sarah Girresch-Ward Marguerite Girton Hannah Gissel Bonnie Gitlin LCSW-R, Social Work Andrea Gitter Deborah Glasofer Ph.D., Psychologist Chsrles Glasser Jane Glassman Ph.D., Psychologist Kira Glassman, Social Work Heather Glaze Kate Glazer LCSW, Social Work Aaron Gleason Ph.D., Psychologist Sarah Gleason Ariel Glick Psy.D., Psychologist Rosalyn Glicklich, Psychologist Jason Glover M.D., Physician Karen Gluck, Physician Monica Gocial LCSW, Social Work Emma Godfrey Nicolette Godlove Anju Goel, Physician Brooke Gogel Claudia Gold, Physician Linda Gold Denise Gold Gina Gold, Psychologist Aryeh Goldberg M.D., Psychiatrist David Goldberg Psy.D., Psychologist Joan Goldberg Ph.D., Psychologist Gary Goldberg Ph.D., Psychologist David Goldberg M.D., Physician Alyssa Goldberg, Social Work Inna Goldberg, Social Work Andrea B. Goldberg LCSW, Social Work David Goldberg M.D., Psychiatrist Judith Goldberger RN, Nurse Roberta Golden Ph.D., Psychologist Lisa Goldenberg Ranny Goldfarb LCSW-R, Social Work Lorrie Goldin LCSW, Social Work Laurie Goldman Daniel Goldman Ph.D., Psychologist David Goldman M.D., Physician Gretchen Goldman Ph.D. Angela Goldman William Goldman Andrew Goldstein M.D., Physician Debra Goldstein Theresa Goldstein Janice Goldwater ANP-HIV, Social Work Amy Golightly Ph.D., Psychologist April Goller D.O., Physician Meilan Goller, Social Work Jolie Golom, Social Work Linda Golumbia Ph.D., Psychologist Insiyah Gomberawalla, Physician Richard Gomberg, Psychiatrist Lynda Gomberg LeslieAnn Gomes Ruth Gomez, Public Health Rebecca Gomez M.D., Physician Maria Gomez Soler Cristina Gomez-Vidal MSW, Social Work Tara Gomez-Vidal, Nurse Carmela Gonzales M.D., Physician Duvis Gonzalez, Social Work Paola Gonzalez Psy.D., Psychologist Monique Gonzalez Psy.D., Psychologist Paola Gonzalez, Physician Chris Gonzalez Ph.D. Yvette Gonzalez LCSW, Social Work Erin Gonzalez M.D., Physician Sandra González M.D., Physician Joanna Good Sue Goodell Joanna Goodman Ph.D., Social Work Geoff Goodman, Psychologist Michaele Goodman, Psychologist Sharon Goodman, Social Work Nichole Goodsmith M.D., Psychiatrist Rutmi Goradia Michelle Gordon M.D., Physician Carol Gordon Psy.D., Psychologist Lynn Gordon Emma Gordon, Physician Carolyn Gordon, Ph.D. Patricia Gordon MSN, Nurse Timothy Gordon Amanda Gordon, Social Work Jessica Gorelick, Social Work Katherine Gorell Laurie Goren Psy.D., Psychologist Susan Gorey LCSW, Social Work Amy Gorman William Gorman Ph.D. Psychologist Irena Gorski MPH, Public Health Victoria Gosy, Physician Katherine Gotch, Psychologist William Gottdiener Ph.D., Psychologist Michelle Gottlieb Robert Gould M.D., Physician Elaine Gould Ph.D., Psychologist Edith Gould, MSW Andrea Gouze Susan Grabenstatter Brian Graber Amanda Graber Jacqueline Grace, Public Health Zach Grady Medical Student Physician Francoise Graf Ph.D., Psychologist Amy Graf Psy.D., Psychologist Ashleigh Graham Monica Grandy Ph.D., Psychologist Arthur Grant, Physician Julieann Grant M.D., Physician Elaine Grant Judith Grant Ashley Grant DO, Physician Sharmila Grant LCSW, Social Work Erin Graves, Nurse Julie Gravs M.D., Physician Lorraine Gray, Psychologist Brandon Gray, Psychologist Staci Gray PA-C Barbara Gray Ph.D., Psychologist Susan Greco, Physician Stacy Green Ph.D., Social Work Ilene Green Ph.D., Psychologist Monica Green Ph.D., Psychologist Katrina Green M.D., Physician Jane Green , Nurse Ann Green APRN, Nurse Brittany Greenbaum Suzan Greenberg Psy.D., Psychologist Melissa Greenberg, Psychologist Henry Greenberg, Physician Nancy Greenberg MSW, Social Work Traci Greenberg Ronnie Greenberg Psy.D., Psychologist Rena Greenblatt Ph.D., Psychologist Jennifer Greene-Hall, Social Work Linda Greenfielf B Greenstein Ruth Greenthal Ph.D., Psychologist Astrea Greig Psy.D., Psychologist Andrea Greiner M.D., Physician Lori Gresham, Ph.D. Catharine Grey Susan Griffin, Social Work Jennifer Griffin, Social Work Thea Griffin Annette Griffin, Social Work Kelly Griffin M.D., Physician Jan Griffin Jessica Griffith Amanda Griffiths CSW Forensics Henry Grinberg Ph.D. Christina Gringeri, Social Work Kim Griswold M.D., Physician Meg Griswold Kira Gritsman M.D., Physician Jerry Grodin Allison Grolnick M.D., Psychiatrist Amber Groomes Ph.D., Psychologist Amanda Gropp, Social Work Mark Grosch Richard Grose Sarah Jane Grossbard, Psychiatrist Luanne Grossman Psy.D., Psychologist Katherine Groundwater, Nurse Brie Grousebeck, MD Sasha Growick Shelly Gruenbacher M.D., Physician Ruth Gruenthal, Social Work Ethan Grumbach Sarah Gubits LSW, Social Work Omar Gudino, Psychologist Brandon Guenthart M.D., Physician Jacqueline Guerrero Christina Guerrier Corinne Guest LSW, Social Work Natalie Guevara Lehman LCSW-C, Social Work Jennifer Guglia, Nurse Sharon Guild Stitt LMSW, Social Work Gypsy Guillen Kaiser Judith Gulko, Psychologist Adriane Gullotta-Gsell Ph.D., Psychologist Nancy Gump LMT, Psychologist Martina Gunaratnam M.D., Psychiatrist Traci Gunn Megan Gunnell, Social Work Johanna Gunther Michelle Guo, Medical Student, Physician Exhibit 38, Page183 Case 3:18-cv-00428-DMS-MDD Case 1:18-cv-01458-PLF Document Document 78 13-13 Filed 06/25/18 Filed 06/26/18 PageID.1595 Page 20Page of 57189 of 259 Parul Gupta M.D., Physician Stephen Gurley, Physician Jessica Gutchess, Social Work Elisabeth Guthrie M.D., Physician Ivonne Gutierres Amy Gutierrez, Physician Alisa Gutman M.D., Physician Gail Guttman LCSW-C, Social Work Terilye Guzman, Social Work Shelly H LCSW, Social Work Michelle Haas M.D., Physician Eric Haas Ph.D. Psychologist Danielle Haber M.D., Psychiatrist Sue Hacker Barbara Haddeb Jack Davis Haden LCSW, Social Work Erin Hadley Ph.D., Psychologist Julia Hadley April Haefner Ana Hagstrand, Psychologist Emily Hahn M.D., Physician Mara Haight LMHC, Administrator Margaret Hainer LCSW-R, Social Work Mona Halket Nicole Hall Linda Hall Timothy Hall M.D., Physician Madhura Hallman M.D., Physician Jaclyn Halpern Psy.D. Antonia Halton Ph.D., Psychologist Erin Hambrick Ph.D., Psychologist Horace Rhodes Hambrick M.D., Physician Kristin Hambridge LICSW, Social Work Paul Hamburg, Psychiatrist Fran Hamburg, Social Work Susan Hameline-Kasznay Lou Hamilton LCSW, Social Work Katie Hamilton Lori Hamilton Dianna Hamilton Cyndrita Hamilton D.O., Physician Ashley Hamm LPC Jacquelyn Hammel, Nurse Susan Hammond Magni Hamso M.D., Physician Christine Hancock M.D., Physician Stanley Handmaker M.D., Physician Scott Handy Kiley Hanish Kelly Hankins M.D., Physician Lauren Hanley M.D., Physician Tricia Hanley Ph.D., Psychologist Judith Hanlon Ph.D., Psychologist Sylvia Hanlon Betsy Hanna, Psychologist Rebekah Hanna, Nurse Meredith Hannan M.D., Psychiatrist Claire Hannes Andrea Hannold LCSW, Social Work Melissa Hansen Katie Hansen Diana Hansen, Physician Anita Haravon Ph.D. Corey Hardin Ph.D., Physician Laurie Hardin LPN, Nurse James Harding, Psychologist Susan Hardy, Social Work Allison Hare, Physician April Harger Nicole Harkin M.D., Physician Madeline Harms Ph.D., Psychologist Mary Harrel M.D., Physician Aimee Harrington, Public Health Rschel Harrington-Levey Ph.D., Psychologist Kathleen Harris MSW, Social Work Natasha Harris, Nurse Frances Harris Ph.D., Psychologist Celeste Harris, Social Work Amber Harris, Psychologist Jennifer Harris Lauren Harris Meghan Harris Psy.D., Psychologist Jane Harrison Georgette Q. Harrison Angie Harrison Mary Harrison Dana Harron Psy.D., Psychologist Kelly Hart PA-C Rachel Hartline M.D., Physician Jessica Harwick Mary Lou Harwood Genevieve Hasek M.D., Physician Walaika Haskins Geri Hason PA-C Giselle Hass Psy.D., Psychologist Teresa Hassay Jane Hassinger, Social Work Shannon Hassler MSEd Samar Hassouneh, Physician Khoiviet Hathuc, Psychiatrist Katie Hatsushi M.D., Psychiatrist Lisa Hauck-Loy Samantha Hauff M.D., Physician Martin Hauser Tatiana Havryliuk, Physician Pamela Hawkesworth Kristin Hawkin Donna Hawxhurst Ph.D., Psychologist Johannah Hay M.D., Physician Amber Hayes Psy.D., Psychologist Kathy Hayes-Bloch, Social Work Jennifer Hayslett David Hayward Ph.D. Maria Hazbon Jane Hazen Helen Healy, Physician Amy Heberle, Psychologist Deborah Hecker Ph.D., Psychologist Kristin Hedgcock, Nurse Elizabeth Hegeman Ph.D., Psychologist Claudia Heilbrunn Doug Heimburger M.D., Public Health Elizabeth Heimburger RN, Nurse Trina Heinisch, Social Work Arthur Heiserman Dr.PH., Psychologist Michele Heisler, Physician Asal Hejazi Alisa Helfgott D.O., Physician Gabriel Heller Deborah Hellerstein Iris Hellner Ph.D., Psychologist Paul Helman M.D., Physician Sara Henderson Jo Henderson-Frost M.D., Physician Steven Hendlin Ph.D., Psychologist Bridget Hendricks Rebecca Hendrickson, Psychiatrist Michael Hendrickson Ph.D., Psychologist Karen Henley, Psychiatrist Jewell Henley M.D., Physician Kathi Hennessey LICSW, Social Work David Henning Dell Henriksen-DelVerne, Nurse Cassis Henry, Physician Alyson Henry Ph.D., Psychologist Linda Henry Sara Henry M.D., Physician Rachel Herbst Ph.D., Psychologist Anne Herdman Royal M.D., Physician Barbara Herman, Psychologist Susan Herman Ph.D., Psychologist Leticia Hernadwz, Physician Mary Hernandez Nicholas Hernandez Juliana Hernandez, Nurse Cinthia Hernandez Guadalupe Hernandez, Psychologist Laura Hernandez M.D., Physician Emily Hernandez Pounds, Social Work Kristina Herold, Social Work Linda Herreid Psy.D., Psychologist Elizabeth Herring, Social Work Anita Herron, Psychologist Philip Herschenfeld LMSW, Physician Owen Hershey Brooke Hersh-Thompson, Psychologist Justin Hersom LCSW, Social Work Kate Herts, Psychologist James Herzog M.D. Psychiatrist Joseph Herzog Kali Hess Arlene Heyman M.D., Psychiatrist Simone Heyward Psy.D., Psychologist Julie Hibbs , Social Work Leslie Hibdon Janelle Hickey, LMHC Cristina Hidrobo Michelle Higgins, Physician Linda Higley Ph.D., Psychologist Joan Hill Kevin Hill Tisa Hill MPH Carol Hillson Laura Himmelstein, Social Work Jessica Himmelstein, Physician Tatiana Hinds Adam Hines Denise Hines Ph.D., Psychologist Rachel Hines, Physician Danielle Hines Virginia Hines Virginia Hines, PA, LMHC, Psychologist Natalie Hinojosa, Social Work Stephanie Hinojosa M.D., Physician Carla Hinson Katya Hirose Karyn Hirsch MPH, Physician Britta Hirsch Harriet Hirsch Miriam Hirschstein, Psychologist Lauren Hittner, Physician Todd Hixson Tazley Hobbs M.D., Psychiatrist Jennifer Hobbs Shelley Hoberman, Social Work Jay Hochheiser, Social Work Alissa Hochman, Psychologist Kayce Hodos LPC Jennifer Hoffman, Physician Tim Hoffman Jennifer Hoffmann M.D. Physician Alexander Hogan M.D., Physician Vijaya Hogan, Public Health Julia Hoke, Psychologist Karen Holland Joy Holland Karen Holland Amanda Holland-Yang M.D., Physician Heather Holley D.O., Physician James Holmes Dr.PH. Thomas Holmes, Social Work Molly Holshouser ANP-BC, Nurse Russell Holstein Ph.D., Psychologist Keren Holt, Social Work Layra Holt, Physician Amanda Holt, Administrator Roberta Holtz Margaret Holtzman, Social Work Barbara L. Holzman LICSW, Social Work Jessica Hong LMSW, Social Work Exhibit 38, Page184 Case 3:18-cv-00428-DMS-MDD Case 1:18-cv-01458-PLF Document Document 78 13-13 Filed 06/25/18 Filed 06/26/18 PageID.1596 Page 21Page of 57190 of 259 Maria Hood, Social Work Filippine Hoogland, Nurse Kathryn Hooker Ed.S. Walter Hoops Jennifer Hope Ph.D., Psychologist Karen Hopenwasser M.D., Psychiatrist Phyllis Hopkins Ph.D., Psychologist Erin Hopkins, Psychiatrist Brittany Horan Evelyn Horn M.D., Physician Jessica Horowitz Beth Horowitz, Physician Sharon Horowitz Ph.D. , Psychologist Tammy Horowitz M.D., Psychiatrist Susan Horrell, Nurse Sarah Horsley Helen Horton Christy Horton M.D., Physician Danielle Horwich, Social Work Mark Horwitz Ph.D., Social Work Jill Horwitz, Social Work Peggy Horwitz Jan Horwitz, Social Work Ava Hosseini, Nurse Elizabeth Hossfeld Marion Houghton LMFT Wendy Hounsel, Nurse Jonathan House M.D., Psychiatrist Donna Housman Ed.D., Psychologist Stephanie Houston, Physician Margaret Howard LCSW, Social Work Sarah Howard Celeste Howard Mary Howe Amanda Howell Stefanie Hoye, Psychologist Nicole Hsiang Sheng Hsu ANP-BC Julie Hsu Ph.D., Psychologist Tiffany Hu Sofia Hu Judy Hu, Psychologist Jennifer Huang M.D., Physician Jacqueline Hubbard Olivia Hudis Stephanie Hudson Sara Huffer M.D., Physician DiShonda Hughes Wilson Hughes Larissa Hughes Joy Hughes M.D., Physician Julie Hughes M.D., Physician Sandra Hughes Katherine Hughes, Social Work Margaret Hughes, Social Work Katherine Hull Psy.D., Psychologist Jane Hull-McIntire M.D., Physician Odile Hullot-Kentor, Psychologist Leslie Hulvershorn M.D., Physician Ed Humenay LMSW, Social Work Kenneth Hung, Psychiatrist Amber Hunt D.O., Psychiatrist Margaret Hunter, Social Work Rene Hunter M.D., Physician Ellesa Hunter, Non-MD John Hunziker Ph.D., Psychologist Tracey Hurd Ph.D., Psychologist Irene Hurford M.D., Psychiatrist Samantha Hurst Ph.D. Taisha Husbands Melissa Huser Amber Hussain M.D., Physician Mohammed Hussain, Physician Ewa Hut Charkivia Hutchinson Jeff Hutchinson, Physician Ciara Hutchison Stacy Hutton Ph.D., Psychologist Carolee Hutton Elizabeth Huynh LICSW, Social Work Cathy Hwang M.D., Physician Irene Hwang M.D., Physician Juliet Hwang, Physician Daniel Hynan Ph.D., Psychologist Viola Hysa Kristen Hysell M.D., Physician June Hyun Ph.D. Vince Iacopino, MD Habiba Ibrahim, Social Work Deborah Igielnik, Public Health Cindy Iglesias Lynne Iijima Roya Ijadi-Maghsoodi M.D., Psychiatrist Aleksandra Ikanowicz Christina Illarmo, Social Work Julia Imig Pec Indman, LMFT Sarah Ingerman, Social Work Mary Intermaggio, R.N., Nurse Olga Iof Muneeza Iqbal MPH, Public Health Khadija Irshad M.D., Physician Angela Irvine Ph.D. Anne Irza-Leggat Kathleen Isaac Ph.D., Psychologist Ellen Isaacs M.D., Physician Jeri Isaacson, Psychologist Amy Isenberg M.D., Physician Genoveva Islas, Public Health Ellen Israel CNM, Public Health Carol Israel Ph.D., Psychologist Janet Isserlis Meg Itoh M.D. ,Physician Louise Ivers M.D., Public Health Gayle Iwamasa Ph.D., Psychologist Casie Iwata LICSW, Social Work Preetha Iyengar, Physician William Jackson Cara Jacob M.D., Physician Sneha Jacob M.D., Physician Lisa Jacobs , Psychologist Leah Jacobs, Social Work Mary Jacobs LMSW, Social Work Barbara Jacobsberg, Social Work Lawrence Jacobsberg, Psychiatrist Erin Jacobsen Lauren Jacobson, Nurse Louis Jacobson Dr.PH. , Psychologist Melissa Jacobson LCSW, Social Work Anne Jacobson M.D., Physician Alexandra Jacobus LCSW, Social Work Veta Jacqulin Tracey Jaeger, Nurse Felipe Jain, Psychiatrist Chandni Jain, Medical Student Physician Juhi Jain M.D., Physician Amy Jakobson Psy.D., Psychologist Otana Jakpor Karen Jakpor M.D., Physician Rima Jakuc, Psychologist Beatriz Jamaica Megan James Aisha James, Physician Steven James Ph.D., Psychologist Lynn James Elizabeth James Sara Jamison, Social Work Anna Jannack LMHC Laura Janneck M.D., Physician Kathleen Janocko Ph.D., Psychologist Eliza Jaquez, Psychologist Ivan Jaramillo Karen Jaranowski M.D., Physician Leila Jarrahi Ph.D., Psychologist Lekeshia Jarrett, Physician Susan Jasko LICSW, Social Work Cynthia Jauregui, Psychologist Laura Javsicas D. Jay Psy.D., Psychologist Patty Jay Robert Jayes M.D., Physician Abhishek Jaywant Ph.D., Psychologist Elizabeth Jefferson Tereza Jelenova LMHC, Other Health Professional Susan Jenkins Sara Jennings, Forensics Laurel Jennings M.D., Physician Lisa Jensen-Albino, Nurse Jennifer Jerome M.D., Physician B Jesrani, Psychologist Jamie Jessar Psy.D., Psychologist Mariell Jessup M.D., Physician Toni Jett Greg Jew Christina Jewell, Nurse Elena Jimenez Gutierrez M.D., Physician Lara Jirmanus M.D., Physician Brian Jo Ph.D., Psychologist Anne Jobman M.D., Physician Steven Joffe M.D., Physician Richard Johansen, Nurse Veronica Johnson Ph.D., Psychologist Anthony Johnson Christina Johnson, Social Work Estefana Johnson LMSW, Social Work Carrie Johnson LCSW, Social Work Wendy Johnson M.D., Physician Steve Johnson Benjamin Johnson Meghan Johnson Nathan Johnson, Social Work Ann Johnson D.V.M. Christie Johnson RN, Nurse Amy Johnson M.D., Physician Claudine Johnson M.D., Physician Laurie Johnson M.D., Physician Amy Johnson-Colwell Ph.D., Psychologist Emily Johnston, Physician Julie Johnston M.D., Physician Cameron Jones Jennifer Jones, Social Work Lisa Jones M.D., Physician Liz Jones, Nurse Julie Jones Ph.D., Psychologist Lori Jones LPN, Nurse Raina Jones, Psychologist Darrah Jones Patricia Jones Charles Jones RN, Nurse Michelle Jones Kelly Jones Ph.D., Psychologist Taiya Jones-Castillo LSW, Public Health Pablo Joo M.D., Physician Hilary Jordan LCSW, Social Work Jayne Jordan PA-C Paula Jordan Katie Jorstad, Social Work Jessica A. Joseph Ph.D., Psychologist Giliane Joseph M.D., Physician Melissa Joseph, Physician Meghna Joshi M.D., Physician Margarita Jovel M.D., Physician Marianne Joyce, Social Work Kelly Joyce M.D., Physician Sheena Joychan M.D., Psychiatrist Kasey Joyner M.D., Physician Alana Ju M.D., Physician Werner Ju M.D., Physician Silvia Juarez-Marazzo, Social Work Stephanie Jucker Exhibit 38, Page185 Case 3:18-cv-00428-DMS-MDD Case 1:18-cv-01458-PLF Document Document 78 13-13 Filed 06/25/18 Filed 06/26/18 PageID.1597 Page 22Page of 57191 of 259 Laura Judd-Glossy Ph.D., Psychologist Elyse Julian D.O., Physician Janice Juliano LCSW, Social Work Stefanie Juliano Vonda Jump Norman Ph.D., Social Work Nadia Juneja M.D., Physician Jeff Juris Elliot Jurist Ph.D., Psychologist Samantha Jurman, Social Work Maryann Juska Ph.D., Psychologist Renee Kabbaby LMT, Psychiatrist Rizowana Kabir Sarah Kacic PT Tessy Kadavil M.D., Physician Pamela Kaden Elizabeth Kadlub J.D. Lindsey Kadrmas, Physician Dalia Kahn Ph.D., Psychologist Ellen Kahn LICSW, Social Work Justine Kahn M.D., Physician Ellen Kahn Kendra Kain Manvinder Kainth M.D., Physician Laura Kair M.D., Physician Wendy Kaiser, Social Work Justine Kalas Reeves Dr.PH., Psychologist Michelle Kalehzan Ph.D., Psychologist Thomas Kalman M.D., Psychiatrist Amanda Kalstabakken Ph.D. Syamala Kalyanasundaram MScPH Amy Kamel, Social Work Sarah Kamens, Psychologist Dianne Kaminsky, Social Work Dede Kammerling LCSW, Social Work Pallavi Kamra MBBS, Physician Barbara Kane Jyoti Kaneria Taryn Kanick Jacqueline Kann LICSW, Social Work Mounika Kanneganti, Medical Student Jamie Kantola M.D., Physician Abbey Kanzer Psy.D., Psychologist Maureen Kapatkin, APRN-BC Navah Kaplan, Non-MD Judy Kaplan, Social Work Leslie Kaplan Shari Kaplan, Social Work Stuart Kaplan Deborah Kaplan Dr.PH., Public Health Emma Kaplan-Lewis, Physician Rifka Kaplan-Peck Neeti Kapur M.D., Physician Sarah Kardelen Shahrzad Kardooni M.D., Physician Saima Karim D.O., Physician Marcus Karim, Medical Student Sanjana Karim M.D., Physician Farah Karipineni M.D., Physician Lisa Karlin LCSW, Social Work Lisa Karlin LCSW, Social Work Cassie Karlsson M.D., Physician Mel Karmen Ph.D., Other Health Professional Sophie Karp Ph.D., Psychologist Amie Karp LCSW-R, Social Work Ian Karrington, Medical Student Physician Justin Karter Virginia Kartha M.D., Physician Lisa Kartiganer, Social Work Kumari Karunaratne Elizabeth Kaselitz MSW, Social Work Susan Kashubeck-West Ph.D., Psychologist Alexa Kaskowitz M.D., Physician Florence Kaslow Ph.D., Psychologist Amelia Kasper M.D., Physician John G. Kassakian, Sc.D, Scientist Beth Kastner, Psychologist Ravi Katari M.D., Physician Craig Katz M.D., Psychiatrist Dr. Robert Katz Ph.D., Psychologist Maureen Katz M.D., Physician Jacklyn Katz M.D. Jill Katz Psy.D., Psychologist Gil Katz Ph.D., Psychologist Sheba Katz Ph.D., Psychologist Nina Katz Janice Katz, Social Work Theresa Kaub Psy.D., Psychologist Priscilla Kauff C-GNP, Psychologist Gus Kaufman Ph.D., Psychologist Marlene Kaufman LCSW, Social Work Judy Kaufman Ph.D. Limor Kaufman Ph.D., Psychologist Toby Kaufman Dr.PH., Psychologist Peggy Kaufman, Social Work Elizabeth Kaufman Kirandeep Kaur D.O., Psychiatrist Kenneth Kavanagh ARNP, Nurse Alison Kavanaugh, Physician Elaine Kavnagh, Nurse Babe Kawaii Ph.D., Psychologist Erica Kaye, Physician Susan Kaye-Huntington, Psychologist Ralph Kaywin D.M.H., Psychologist Jack Keane Karla Keaney, Physician Lisa Kearns Sandra Kearns Ph.D., Psychologist Terence Kearse Ph.D., Psychologist Jane Keat Psy.D., Psychologist Victoria Keck Samantha Keeble Ph.D., Other Scientist Christina Keefe, Psychologist Annalise Keen M.D., Psychiatrist Melissa Keene M.D., Physician Courtney Keeton, Psychologist Jennifer Kehl, Nurse Sylvia Kehlenbrink, Physician Jennifer Keihner, Physician Ralph Keith, Psychologist Briony Keith Heather Kelker, Physician Margaret Kell Mary Kelleher LMFT, Psychologist Stacy Keller Elizabeth Kelliher, Nurse Katherine Kelling Donna Kelly, LCPC Mary Kelso Ph.D., Psychologist Colleen Kemp RN, Nurse Emily Kemper M.D., Physician Jill Kempner Rachna Kenia M.D., Physician Eva Kennedy, Nurse Wendy Kennedy Lois Kennedy Psy.D., Psychologist Jane Kenner Ph.D., Psychologist Keelia Kentor Mary Ellen Keough Michael Keren, Psychologist Carol Kessler Libby Kessman LCSW, Social Work Billy Ketchum Kathleen Ketofsky, Social Work Sue Ann Kettelkamp Ornelas Alisha Ketterer, Physician Alex Kettner Psy.D., Psychologist Hanaa Khadraoui Urooj Khalid Asma Khalid M.D., Physician Abdul Khaliq Sahib Khalsa M.D., Physician Aleem Khan, Medical Student Anna Kharaz Deepa Khoday D.O., Physician Lama Khouri, Social Work Michael Khoury, Physician Stephanie Khoury D.Phil., Non-MD Kiranpreet Khurana, Physician Christina Kiel Psy.D., Psychologist Kathleen Kilcline, Social Work Terrence Killian, Social Work Kyle Killian LMFT Krista Kim M.D., Physician Jean Kim M.D., Psychiatrist Christie Kim Grace Kim Ph.D., Psychologist Inkyu Kim Mike Kim, Physician Simeon Kimmel M.D., Physician Georgia King, Social Work Margaret King Psy.D. Jessie King M.D., Physician Kevin L King M.D., Physician Daniella Kington M.D., Physician Anne Kinnaman MSN Kelly Kirby LCSW-R, Social Work Anne Kirchhoff Ph.D. Jessica Kirkwood M.D., Physician Judith Kirschner Jennifer Kirshner Naomi Kirtner Gretchen Kishbaugh Ph.D., Psychologist Paul Klaene Karen Klarquist Margreta Klassen, Psychologist Annegret Klaua Judith Klein, Social Work Judith Klein, Social Work Scott Klein Roxanne Klein Jennifer Kleindienst Laura Kleinerman Sidney Kleinman Ph.D., Psychologist Sarah Kler, Medical Student John Kleschinsky Dr.PH., Public Health Marcie Klevens Judith Klimoff Psy.D., Psychologist Barbara Kline LCSW-C, Social Work Nolan Kline Ph.D., Public Health Denise B. Klinkner M.D., Physician Ted Kluger Philip Knapp M.D., Physician Kimberly Knesting Ph.D., Psychologist Paula Knight Alexander Knops Dennis Kobray Lindsey Koch Seema Kochhar M.D., Psychiatrist Julia Koehler, Physician Kathleen Koenigs Debra Koenigsberger M.D., Physician Laura Kogan Psy.D., Psychologist Irina Kogan Ph.D. Laura Kogel LCSW, Social Work Jacqueline Kohl M.D., Physician Teresa Kohlenberg M.D., Psychiatrist Sharad Kohli M.D., Physician Deborah Kohn Nancy Koke LCSW, Social Work Avani Kolla Donald Kollisch M.D., Physician Russell Kolts Ph.D., Psychologist Udit Kondal M.D., Physician Tracy Kondla, Social Work Elizabeth Kooperkamp, Social Work Diane Kopan, Social Work Dawn Kopp OB/GYN, Physician Mary Ann Kopydlowski RN, Nurse Dorit Koren, Physician Exhibit 38, Page186 Case 3:18-cv-00428-DMS-MDD Case 1:18-cv-01458-PLF Document Document 78 13-13 Filed 06/25/18 Filed 06/26/18 PageID.1598 Page 23Page of 57192 of 259 Cathie Korey M.D., Physician Alfred Kornfy Ph.D., Psychologist Jennifer Kornreich Ph.D., Psychologist Kathyrn Korte, Nurse Deborah Kory Psy.D., Psychologist Elizabeth Koryciak RN, Nurse Todd Koser Psy.D., Psychologist Sindhu Koshy M.D., Physician Kenneth Kosik M.D., Physician Adrianne Kotecki, Psychologist Stefanie Kotzen LCSW, Social Work Sommer Kraft-Purvis LMHC Laurie Kramer Ph.D., Psychologist Thomas Kramer M.D., Psychiatrist Loren Krane Ph.D., Psychologist Rita Krane, Physician Erin Kratz D.O., Physician Caroline Krause Lisa Kraushaar Rachel Kraut, Nurse Kerry Kravitz M.D., Psychiatrist Erika Kreider Ruth Kreitzman, Social Work Pamela Krell Sheila Krishna M.D., Physician Sheila Krishnan MPH, Public Health Dena Krishnan D.O., Physician Brian Kroener, Physician Karen Krongold, Psychologist Debbie Kroopkin, Social Work Delores Kropf Nancy Krtek LCSW-R, Social Work Joseph Kruft, Psychologist Jean Kruger Scott Krugman M.D., Physician Elizabth Kubik Ph.D., Psychologist Alison Kuchta M.D. Alexis Kuerbis LCSW, Social Work Robert Kuisis Ph.D., Psychologist Michele Kulbel, Nurse Bridget Kulbel Jaime Kulbel, Nurse Nikhil Kulkarni M.D., Physician Divya Kumar, Psychologist Anika Kumar M.D., Physician Sanaz Kumar, Physician Vaishali Kumaraguru Justin Kung M.D., Psychiatrist Howard Kunin, Psychologist Tracli Kunkel Ph.D., Psychologist Natasha Kurchanova Sarah Kureshi M.D., Physician Traci Kurtzer M.D., Physician Andrea Kurtzman, Nurse Judith Kurzer, Social Work Arielle Kushman Naama Kushnir Barash Ph.D., Psychologist Jonathan Kusner Katherine Kuvalanka Ph.D. Nina Kvaratskhelia, Physician June Lee Kwon, Psychologist Daniel Kyle Jade La Rochelle Mona LaBar MBBS, Physician Amy Labar Emily Labudde Joseph Lacy, Social Work Alice Ladas Ed.D., Psychologist Miri Lader M.D., Physician Diana LaFontaine M.D., Physician Gina LaGalbo M.D., Physician Andrew Lagomasino, Psychologist Tiffany Lahr M.D., Physician Alexandra Laifer Neumann Ph.D., Psychologist Jeannine Lain Christopher Laine Tamra Laird RN, Nurse AeuMuro Lake M.D., Physician Michael Lakin Ph.D., Psychologist Maria Lakis LCSW-R, Social Work Sudesna Lakshman M.D., Physician Lila Lamar Michael Lamb, Psychologist Everett Lamm M.D., Physician Emily Lamont Katharine Lamperti, Physician Cecilia Land, Social Work Helen Landon Ph.D., Psychologist Jasmine Landry, Mieke Lane D.O., Physician Jeffrey Lanfear Psy.D., Psychologist Frances Lang LICSW, Social Work Molly Lang LMSW, Social Work Elaine Lang, Psychologist Robin Lang, Psychologist Jason Lang, Psychologist Holly Lang Kelly Lange LMSW, Social Work Regina Langhout Ph.D., Scientist Cathey Lanham, Psychologist Tracey Lanier, Nurse Christopher Lanoue M.D., Physician Jayette Lansbury Melanie Lantz Ph.D., Psychologist Fruzsina Lanyi Kerry Lao MSW, Social Work Carole Lapidus LCSW-R, Social Work Regina LaRocque, Physician Roxi Larsen Todd Larsen Ph.D., Psychologist Camilla Larsen M.D., Physician Korsica Lassiter M.D., Physician Tamara Latawiec Psy.D., Psychologist Finza Latif, Psychiatrist Katherine Lau Theresa Lau, Psychiatrist Ann Laughlib Linda R Laughlin Ph.D., Psychologist Casey Laukkanen D.V.M. Gerald Lauria M.D., Physician Vanessa Lauzon M.D., Psychiatrist Audrey LaVallee, Monica Lavayen Barbara Lavi Psy.D., Psychologist Stephanie Law Psy.D., Psychologist Anica Law M.D., Physician Robert Lawrence MAOM, Physician Nancy Lawroski, Psychologist Karin Lawson Psy.D., Psychologist Robert Lawrence, MD Lynne Layton Ph.D., Psychologist Flora Lazar, Social Work T Domi Le M.D., Physician Michael Leach, Social Work Jody Leader Ph.D., Psychologist Kimberly Leak, Social Work Diane Leamy, Social Work Michael Leavell M.D., Physician Annette Leavy LCSW, Social Work Jeanne LeBlanc Ph.D., Psychologist Wendy Lebowitz Ph.D., Psychologist Maria Lechich, Psychologist Nathan Leclair Medical Student, Physician Sharon Lee M.D., Physician Marissa Lee LCSW, Social Work Sherrylynn Lee M.D., Physician Donald Lee Ed.D., Psychologist Susan Lee Psy.D., Psychologist Ling Lee Peter Lee Kristina Lehman, Physician Elizabeth Lehmann LCSW-R, Social Work Lucy Lehrer LCSW, Social Work Lynn Leibowitz Ph.D., Psychologist Virginia Leigh, Social Work Mary Leith Briana Lemieix, Social Work Melissa Lenge LMFT, Social Work Abigail Lenhart M.D., Physician Sara Lennox M.D., Physician Stacy Lenny, Social Work Denise Lensky Ph.D., Psychologist Mia Lentinello, Social Work Stephanie Leonard M.D., Physician Alecia Leonard, Social Work Lilaine Leonardo M.D., Physician Abby LePage Rita Lepe, Physician Amber Lerma M.D., Psychiatrist Shulamit Lerner, Physician Ariel Lesh Marissa Leslie M.D., Psychiatrist Leigh Leslie Ph.D., Psychologist Harry Lesmana M.D., Physician Ronnie Lesser Ph.D., Psychologist Sylvia Lester Ph.D., Scientist Sue Lester, Social Work Bethany Letiecq Ph.D., Scientist Alyssa Letourneau M.D., Physician Arlene Lev LCSW-R, Social Work Judy Kaplan Levan Psy.D., Psychologist Don Levan Ximena Levander, Physician Anne Levenson M.D., Physician Janis Leventhal CSW, Social Work Tessa Levey, Nurse Betty Wolder Levin Ph.D., Public Health Janice Levin J.D. Kay Levine Ph.D., Psychologist Mark Levine M.D., Physician Ellen Levine, Psychologist Joan Levine Ph.D., Psychologist Michelle Levine Ph.D., Psychologist Ben Levine Ph.D., Psychologist Lauren Levine Ph.D., Psychologist Michael Levine Francine Levine RN, Nurse Lacey Levitt Ph.D., Psychologist Judy Levitz Ph.D., Psychologist Julia Lev-Rosenfeld LMHC, Psychologist Carla Levy James Levy Ph.D., Psychologist Daniel Levy M.D., Physician Jeff Levy, Social Work Brenda Levy, Pharmacist Matthew Lewin Gregory Lewis Psy.D., Psychologist Elizabeth Lewis MBA Jacklyn Lewis Ph.D., Psychologist Terri Lewis Ph.D. Sarada Lewis RN, Nurse Victoria Lewis Tamorah Lewis M.D., Physician Felicia Lewis, Physician Mary Ann Lewis, Social Work Mary Lewis, Nurse Ellen Lewis M.D., Psychiatrist Lin Li M.D., Physician Blaci Lice Alexander Lichtenberg Whitney Lieb, Physician Rita Lieberman Ph.D., Psychologist Alicia Lieberman Ph.D., Psychologist Alice Lieberman, Social Work Dana Liebowitz Ingrid Liff, Physician Robert Lifton M.D., Psychiatrist Denisha Liggett Cindy Lignar RN, Nurse Exhibit 38, Page187 Case 3:18-cv-00428-DMS-MDD Case 1:18-cv-01458-PLF Document Document 78 13-13 Filed 06/25/18 Filed 06/26/18 PageID.1599 Page 24Page of 57193 of 259 Mamie Ligon Ruth Lijtmaer, Psychologist Michael Likiet Ph.D., Psychologist Jessica Lilley M.D., Physician Brenna Lille, Physician Robin Lillis, Nurse Lissa Lim, Psychologist Nancy Lin, Psychologist Melissa Lin M.D., Physician Maria Linden M.D., Physician Joyce Lindenbaum LCSW, Social Work Vivian Linder LCSW-R, Social Work Diane Lindner, Social Work Holly Linendoll Dina Linfoot M.D., Physician Veena Lingan, Physician Alexis Link M.D., Physician Patrick Link M.D., Psychiatrist Casey Linke FNP-C, Nurse Theresa Linsner, Physician Julie Linton M.D., Physician Donna Linvog M.D., Physician Ryan Lion Medical Student, Public Health Madeline Lippman Ph.D., Psychologist Ryan Lipscomb, Administrator Susan Lipsett M.D., Physician Tamara Lipshie, Psychiatrist Madeleine Lipshie-Williams, Physician Stan Lipsitz Ph.D., Psychologist Peter Lipson M.D., Physician Joan Lipton Ph.D., Psychologist Stephanie Lirio, Psychiatrist Phoebe Lithgow CNM, Nurse Arlene Litt, Social Work Annie Liu M.D., Physician Serena Liu Kellen Livermore Martha Livingston Ph.D., Public Health Nicole Livingston LMFT Zully Lizarazo, Psychologist Alejandro Lizarraga RN, Nurse Paula Llaneza Cayla Lloyd, Social Work Janet Lo M.D., Physician Amelia Lo FNP-BC Seth Lobdell Ph.D., Social Work Joanna Locke, Physician Julianne Lockwood Ph.D., Psychologist Maria Loesell, Nurse Mary Ann LoFrumento M.D., Physician Katrina Lokken Psy.D., Psychologist Lisa Lombard Ph.D., Psychologist Loren Lomme, Social Work Bronwyn Long Maureen Longeway M.D., Physician Virginia Longoria Ph.D., Psychologist Andrea Lopes, Social Work Steven Lopez Ph.D., Psychologist Daniel Lopez Natalia Lopez Mendez Caitlin Lord Andrea Lorenze M.D., Physician Tasher Losenegger Lia Losonczy, Physician Jennifer Lott LMHC Elizabeth Loux Psy.D., Psychologist Eden Love Sean Love M.D., Physician Bianca LoVerde, Physician Holly Low Janet Lowe AnnaLowell D.O., Physician David Lowenstein Ph.D., Psychologist Mark Lowenthal, Psychologist Jessica Lu M.D., Psychiatrist Kim Lu M.D., Physician Shirley Luban LCSW, Social Work Wendy Lubin Ph.D., Psychologist Erica Lubliner M.D., Psychiatrist Gene Lubow Ph.D., Psychologist Barbara Lucas, Nurse Lauren Lucente Carly Lucier Krista Ludwig, Nurse Marta Ludwig LCSW, Social Work Linda Ludwig Ph.D., Psychologist Ellen Luepker LICSW, Psychologist Jessica Luitjohan, Psychologist Ludovica Lumer Ph.D. Ann Lundberg, Social Work Helen Lundgren, Nurse Jared Lunkenheimer M.D., Physician Sarah Lusk, Psychologist Riad Lutfi, Physician Emily Lutz, Nurse Jennifer Luu Psy.D., Psychologist Steven Luz-Alterman Ph.D., Psychologist Anna Lyapis M.D. M.Brinton Lykes, Psychologist Corinne Lykins, Psychologist Meghan Lynch, Psychologist Nicholas Lynch M.D., Physician Margaret Lynch, Physician Bridget Lynch June Lynds, Social Work Lisa Lyns, Psychologist Taina Lyons, Social Work Marriah Mabe LCSW Elaine Maccio Ph.D., Social Work Ross MacDonald M.D., Physician Rick MacDonald M.D., Physician Mindy MacDougall, Social Work Marti MacGibbon CADC-II, ACRP Julieta Macias Ph.D., Social Work Juan Macias, Physician Brigid Mack M.D., Physician Richard Mack LCSW, Administrator Kellie Mackenzie Lee MacKinnon, Public Health Adele Mackintosh Ph.D., Psychologist Sarah MacLean Rachel MacNair Ph.D., Psychologist Kate Madden M.D., Physician Sonja Maddox M.D., Physician Michelle Madore Ph.D., Psychologist Erin Madriago M.D., Physician Elise Madrid M.D., Physician Tonya Madrigal, Social Work Olivia Madrigal Leah Madsen M.D., Physician Tamar Magdovitz Rhonda Magee Rachel Magida, Social Work Angana Mahapatra, Physician Sarah Maher, Social Work Zoe Maher M.D., Physician Stephanie Mahler CED Adrian Mahlstede, Public Health Tamara Mahmood PA-C Brian Mahon Ph.D., Psychologist Heather Mahoney, Social Work Trinh Mai. Social Work Johanna Mailloux M.D., Physician Toby Mailman, Social Work Rebecca Mair Ph.D., Psychologist Abby Maitland, Social Work Adnan Majid, Psychiatrist Katrina Majstorovic M.D., Physician Mona Makki, Administrator Maria Maldonado M.D., Physician Olivia Maldonado Psy.D., Psychologist Amanda Malik M.D., Physician Stacy Malin Ph.D., Psychologist Sharon Malinowski LMHC Katie Malinski, Social Work Max Malitzky Psy.D., Psychologist Justine Maller M.D., Physician Kathleen Malley-Morrison, Psychologist Monica Malone, Psychologist Ellen Maloney PT Edizen Malonzo Krista Malott Ph.D. Marjorie Maltin Ed.D., Psychologist Jeannette Maluf Ph.D., Psychologist Anna Manatis M.D., Physician Richelle Mancewicz,, Psychologist Andrea Mancinelli D.O., Physician Shreya Mandal, Forensics Olivia Mandelbaum, Psychologist Joanna Mandell M.D., Physician Megan Manor MSW, Social Work Marc Manseau M.D., Psychiatrist Nadine Mansour Mounir Mansour Sharon Mansur Cheryl Mantle LMHC, Psychologist Carol Manzi Amanda Maradiaga, Social Work Ellen Marakowitz Ph.D. Abby Maranga Elizabeth Maranzano M.D., Physician Carol Marcus Ph.D., Psychologist Lynn Ellen Marcus LMFT Sam Marcus Ph.D., Psychologist Kate Marder Maxine Margolies Psy.D., Psychologist Alida Margolin, Social Work Elizabeth Margoshes Ph.D., Psychologist Alex Margosian LICSW, Social Work Merranda Marin LMFT, Psychologist Ryan Marino M.D., Physician Thomas Marino Ed.D., Psychologist Karen Marisak Ph.D., Psychologist Xhorlina Marko, Physician Laurie Markoff Ph.D., Psychologist Talia Markowitz, Public Health Abigail Marks Ph.D., Psychologist Laura Markuson Ph.D., Psychologist Robert P.Marlin, MD, PhD, MPH, Physician Shelley Marlow Esq. Ellen Marmur M.D., Physician Christopher Marnell, Physician Mabel Marotta M.D., Physician Sylvia Marotta-Walters ABPP, Psychologist Denise Marques, Psychologist Mateo Marquez, Administrator Regina Marranzini M.D., Physician Beth Marron LICSW, Social Work Erika Marroquin Nancy Marshall M.D., Physician Hannah Marshall Leslie Marshall M.D., Physician Marie-Eve Martel Psy.D., Psychologist Lauren Martin, Physician April Martin Ph.D., Psychologist Beth Martin LCSW, Social Work Lauren Martin Gina Martin Margaret Martin, Nurse Landon Martin Alison Martin LPN Ashley Martin-Casler William Martinez, Psychologist Jill Martinez M.D., Psychiatrist Susan Martinez LCSW, Social Work Tomas Martinez Ph.D., Psychologist Maria Martinez, Nurse Raquel Martinez, Nurse Katherine Martinez, Nurse Exhibit 38, Page188 Case 3:18-cv-00428-DMS-MDD Case 1:18-cv-01458-PLF Document Document 78 13-13 Filed 06/25/18 Filed 06/26/18 PageID.1600 Page 25Page of 57194 of 259 Cristina Martinez Cristin Martinez M.D., Physician LeslieAnn Martinez Dora Martinez M.D., Physician Cynthia Martinez Ingrid Martinez, Nurse Martha Martinez-Bravo Psy.D., Psychologist Sonya Martinez-Ortiz CSW, Social Work Mary Martone Psy.D., Psychologist Lenna Martyak M.D., Physician Sheela Maru M.D., Physician Joyce Marusarz Janice Marvel, Nurse Terry Marx , Physician Wendy Marx M.D., Physician Ethan Maryon CSW, Social Work Maria Masciandaro Psy.D., Psychologist Maria Masciandaro Psy.D., Psychologist Christina Maser M.D., Physician Gina Masessa Psy.D., Psychologist Lauren Mason Psy.D., Psychologist Daniel Mason, Physician Alyssa Mass LMFT Luisa Massari M.D., Physician Joann Massey Psy.D., Psychologist Clare Masson, Social Work Elli Mastrangelo, Scientist Cynthia Mastro, Nurse Corinne Masur, Psychologist Christina Matheney Belle Matheson, Nurse Minu Mathew LCSW, Social Work Katherine Mathew Dominique Mathews Bristol Mathez Jaime Matorras Julie Matthaei Andria Matthews Dan Matthews, Psychologist Anne Mattingly M.D., Physician Allison Mattison Psy.D., Psychologist Jim Matto-Shepard Ph.D., Psychologist Felicia Matto-Shepard, Psychologist Lisa Maurel LMFT Joel Mausner Ph.D., Psychologist Valerie Maxey Richard Maxfield Ph.D., Psychologist Teresa Maxwell LMSW , Social Work Deborah May FNP-BC, Nurse Shirley Mazourek, Social Work David Mazumder, Physician Sara Mazzoni M.D., Physician Lindsey McAmis Gouge M.D., Physician Jean McAuliffe, Nurse Patrick McAuliffe, Ph.D. Elizabeth Mcauliffe Mary McBride NP-C, Nurse Dorothy McBrien RN-BC, Nurse Kerry McCabe, Physician Allyssa McCabe-Cuneo, Psychologist Ann Marie McCafferty Mary McCaffrey, Social Work Palmer McCall Laura Mccarthy LCSW-R, Social Work Ledra McClinton, Administrator Tammey McCloud RN, Nurse Patrick McColloster M.D., Physician David McConaghay Sarah Mccormick D.O., Physician Kathleen McCormick Noelle McCown Psy.D., Psychologist Karen McCUmiskey MSN, Nurse Mary Mccurnin Robert McDonald Ph.D., Psychologist Megan McDonald D.O., Physician Amanda McDonald, Social Work Marsha McDonough Ph.D., Psychologist Stephen McElroy, Physician Taylor Ryan McFarland CNAA Jodi McGahan, Social Work Fiona McGarry, Social Work Christine McGinnis, Psychologist Tracy McGivern Eartha McGoldrick Amy McGuire J.D., Scientist Elizabeth McGuire, Psychiatrist Miranda McGuire-Schwartz, Social Work Jill Mcilroy, Social Work Elizabeth McIntire Elizabeth McKamy MSW, Social Work Elizabeth McKamy, Social Work Eliana McKee M.D., Physician Fedelma McKenna, Nurse Patricia McKenna Sarah Mckeon CANP, Nurse Teresa McKeon Daniel Mckitrick Anne Mckuhen Terrance McLarnan Lauren McLaughlin Abigail McLaughlin Kara McLaughlin John McLean M.D., Physician Molly McMahon Social Work Thomas McMahon Ph.D., Psychologist Brian McMahon, Social Work Adrienne McManus Laura McMullen M.D., Physician Siobhan McNally M.D., Physician Nora McNamara M.D., Physician Fawn McNeil-Haber Ph.D., Psychologist Brian McNeill Ph.D., Psychologist Molly McRae, Social Work Maureen McSwiggin Ben McVane M.D., Physician Stephanie McWethy Ellen McWhirter Ph.D., Psychologist Nancy McWilliams Ph.D., Psychologist Alex Means M.D., Physician Alexa Meara, Physician Jesica Meatto LCSW, Social Work Adriana Medina O.D. Monica L Meerbaum Ph.D., Psychologist Nivedita Meethan, Public Health Emily Megas-Russell LICSW, Social Work Elie Mehanna Medical Student Adele Mehr, Social Work Ayesha Mehrotra, Public Health Naaman Mehta Medical Student Sapna Mehta, Physician Puja Mehta Medical Student Lina Mehta M.D., Physician Gia Meicher Adrienne Meier Ph.D., Psychologist Emily Meier, Physician Joanna Melia, Physician Karen Melikian, Social Work Yelena Melnikova Bengi Melton M.D., Psychiatrist Melanie Melville M.D., Psychiatrist Glends Mendelsohn, Social Work Elissa Mendenhall, Physician Martha Mendes, Social Work Melissa Mendez M.D. Dianelys Mendez Dawn Mendoza RN, Nurse Carmen Mendoza Miguel Mendoza Medical Student Miriam Mendoza, Psychologist Claudia Menjivar Catharine Mennes Ph.D., Social Work Christina Mentes Ph.D., Psychologist Theresa Meotti M.D., Physician Alfonso Mercado Ph.D., Psychologist Corinne Mercado RN, Nurse Liza Mermelstein Ph.D., Psychologist Gloria Merriam Sheri Merritt MBBS Debra Merskin Ph.D. Leslie Merwin, Nurse Allison Merz Kim Mesiti Luke Messac M.D., Physician Catherine Metzenberg LMFT Danielle Metzger LCSW, Social Work Ilan Meyer Ph.D., Public Health Penny Meyer George Meyer MACP, Physician Stephanie Meyer, Physician Brittany Meyers Jane Charna Meyers, Social Work Alan Meyers M.D., Physician Sandra Meyers Ed.D. Judith Meyers Ph.D., Psychologist Linda Michaels Psy.D., Psychologist Ken Michaels LCSW, Social Work Christine Michaud M.D., Psychiatrist Monica Michell M.D., Physician Golda Michelson Sae Mickelson Jessica Miesfeld, Physician Alexandra Mihalek, Physician Gaia Mika Ph.D., Psychologist Stephanie Mikulski D.O., Physician Gregory Milbourne Psy.D., Psychologist Jennifer Milchenko MPH, Public Health Andrew Milewski Ph.D. Alexandra Miley Lisa Milford Naomi Miller Ph.D., Social Work Ash Miller M.D., Physician Lisa Miller LCSW-R, Social Work Alison Miller Psy.D., Psychologist Jen Miller, Social Work Laura Miller M.D., Physician Robin Miller James Miller, Physician Martha Miller, Nurse Claudia Sharda Miller Kathryn Miller Theresa Miller Ph.D., Psychologist Taylor Miller D.V.M. Tohari Miller M.D., Physician Holly Millheiser PT Marlene Millikan, Social Work Uma Millner, Psychologist Rebecca Millner, Public Health Eva Millona Victoria Mills, Social Work Victoria Mills, Social Work Kim Mills ANP-BC, Nurse Jennifer Mills M.D., Physician Alice Min Simpkins Sara Mindel LICSW, Social Work Peggy Miner, Social Work C Miner Rebecca Minnick CSW, Social Work Mary Beth Miotto M.D., Physician Karen Miranda Psy.D. Marsha Mirkin Ph.D., Psychologist Marci Mishler, Nurse Ranit Mishori M.D., Physician Hannah Mitchell, Social Work Raymond Mitchell Kara Mitchell, Physician Amanda Mittman, Public Health Keiko Mizuguchi Sarah Moberg Julia Moench-Parent Rich Moffitt, Social Work Exhibit 38, Page189 Case 3:18-cv-00428-DMS-MDD Case 1:18-cv-01458-PLF Document Document 78 13-13 Filed 06/25/18 Filed 06/26/18 PageID.1601 Page 26Page of 57195 of 259 Jacqueline Moga Ph.D., Scientist AC Mogal, Physician Zoya Mohiuddin, Physician Arpana Mohnani M.D., Physician Sarah Mohr, Administrator Joseph Moldover Psy.D., Psychologist Jonathan Moldover M.D., Physician Connie Moler ARNP Brittainey Molina Patricia Molina M.D., Physician Matthew Molloy M.D., Physician Merle Molofsky Vicktoria Molokin LCPC Gloria Monahan, Nurse Ana Monas Liz Mongillo-Herman Ph.D., Psychologist Heidi Monroe Ph.D., Nurse Pamela Montano Arteaga, Psychiatrist Gloria Montes Ph.D., Psychologist Nadyne Montiel, Social Work Yesika Montoya, Social Work Andre Montoya-Barthelemy M.D., Physician Diana Montoya-Williams M.D., Physician Molly Moody Krystal Moon, Social Work Cary Moore Christopher Moore M.D., Physician Janice Moore Ph.D., Social Work Lisa Moore Ph.D., Public Health Jacqueline Moore M.D., Physician Susan Moore-Motily, Psychologist Mufadal Moosabhoy ACRB Jaime Moo-Young M.D., Physician Eduardo Morales Ph.D., Psychologist Xavier Morales, Public Health Claudia Morales, Social Work Amanda Morales Clarke Psy.D., Psychologist Teresa Moreira, Social Work Roberta Morell Jonathan Moreno Ph.D. Lisa Moreno MSW, Social Work Amber Morgan M.D., Physician Rhea Morgan D.V.M. Sharon Morgan PA Julia Morgan Kelly Morgan M.D., Physician Richard Morhaime Psy.D., Psychologist Cari Morphet Melinda Morrill Ph.D., Psychologist Marsha Morris Ph.D., Psychologist Mark Morris LSW, Social Work Leonette Morrison M.D., Psychiatrist Helene Morse Ph.D., Psychologist Linda Morse, Nurse Lisa Moscatiello, Psychologist Lisa Moschello LCSW, Social Work Erica Moses ABPP, Psychologist Michael Moskowitz Ph.D., Psychologist Sally Moskowtiz Ph.D., Psychologist Denise Mosqueda, Public Health Marcela Mota Aversa Ferrell Motlow M.D., Physician Angelica Motta Physician Marlene Mouttet Hawnyeu Moy M.D., Physician Diane Moya Jennifer Moyer, Nurse Nancy Mramor, Psychologist Rebecca Mueller M.D., Physician Mary Mueting Amy Mugg M.D., Physician Janice Muhr Ph.D., Psychologist Romita Mukerjee M.D., Physician Angela Mukherjee D.O., Physician Emily Mukherji, Psychiatrist Hayyah Muller M.D., Psychiatrist Maria Mulligan-Buckmiller Erin Mullin Ph.D., Psychologist Julie Mumford, Social Work Lawrence Mumm M.D. , Physician Sarah Munday Arturo Mundigo Social Work Kristen Mungcal, Social Work Melissa Munoz Gabriela Munoz Ph.D., Psychologist Zaide Muñoz, Administrator John Munsell M.D., Physician Carol Munter Catherine Murak M.D., Physician Jessica Murakami-Brundage Ph.D., Psychologist Kavitha Muralidharan MB, ChB Tessa Murdock-Bell, Social Work Steph Muro, Social Work Sarah Murphy M.D., Physician Joan Murphy LPC Elissa Murphy Ph.D., Social Work Theodore Murray M.D., Psychiatrist Kelly Murray M.D., Physician Morgan Murray Ph.D., Psychologist Amy Murrell, Psychologist Maram Museitif Joan Musitano LCSW, Social Work Hattie Myers Ph.D., Social Work Laura Myhr Ph.D., Psychologist Kirstin Nackers M.D., Physician Nancy Nadel Janet Nader Hani Naga, Physician Karen Nagy RRT Jennifer Nail Ph.D., Psychologist Anastasia Najarian, Scientist Linda Najjar Ph.D., Psychologist Kemi Nakabayashi M.D., Physician Nadine Nakamura, Psychologist Laura Naman Ph.D., Psychologist Meghna Nandi Medical Student, Physician MaryBeth Napier, Psychologist Laura Naranjo, Nurse Rashmi Narayan M.D., Physician Nicole Nardone LSW Neha Narula, Physician Samera Nasereddin Maureen Naset Rand Nashi, Physician Caroline Nason MBA, Administrator Scott Nass M.D., Physician Paul Nassar M.D., Psychiatrist Shelley Nathans Ph.D., Psychologist Marie Naumann Ph.D., Psychologist Dipesh Navsaria M.D., Physician Sarah Nayeem, Physician Deborah Nazarian, Psychologist Sarah Nazarkhan M.D., Physician Idara Ndon Minal Nebhnani Angela Neese Ph.D., Psychologist Brian Neff, Psychologist Daniel Neghassi, Physician Maria Nei Azine Neiman, Psychologist Nick Nelson M.D., Physician Sharon Nelson, Psychologist Steven Nelson Ph.D., Psychologist James Nelson Amy Nelson, Nurse Delphine Nelson, Physician Meredith Nelson, Nurse Terri Nelson, Social Work Elena Nelson Amber Nemeth Ph.D., Psychologist Ron Nemirow Melinda Nestor Shivaun Nestor, Public Health Betsy Nettleton, Psychologist Roda Neugebauer LCSW Chelsea Neumann M.D., Psychiatrist Iliana Neumann M.D., Physician Ninfa Neuser Psy.D., Psychologist Juliana Neuspiel, Psychologist Lynn Nevins CCC-SLP Priscilla Newcomb, Social Work Jane Newell Ph.D., Administrator Carly Newhouse, Social Work Michelle Newman Erica Newton, Social Work Bonnie Nezaj, Psychologist Waitz Ngan M.D., Physician Deklerk Ngankam Christine Nguyen D.O., Physician Sanh Nguyen D.O., Psychiatrist Lily Nguyen M.D., Physician Bang Chau Nguyen PA-C Danielle Nichols Martina Nicholson M.D., Physician Chloe Nicksic, Psychologist Sara Nielsen Sheila Nielsen Esq. Denise Niemira M.D., Physician Elena Nightingale M.D., Physician Maria Niitepold, Psychologist Natalia Nikolova Ph.D., Psychologist McKenzie Nino, Social Work Stephanie Nitzschke M.D., Physician Janice Niver M.D., Psychiatrist Eleanor Nixon, Nurse Anjali Niyogi, Physician Krystal Nizar, Psychiatrist J Noe Eri Noguchi Ph.D., Social Work Lyndsey Nolan, Public Health Patricia Noon, Social Work Soledad Norin Carmen Rosa Norona, Social Work Laura Norris Dustianne North Ph.D., Social Work Jennifer Northridge M.D., Physician Michael Northrop M.D., Physician Andrea Northwood Ph.D., Psychologist Erin Nortrup LCSW-C, Social Work Shannon Norwitz, Social Work Jesse Novak Jennifer Novello LMSW, Social Work Kerry Novick Cristy Novotney, Social Work Dawn Novotny, Social Work Heidi Nowak, Nurse Kristin Nowak CNM, Public Health Nicole Nugent Ph.D., Psychologist Anchi Numfor Erika Nurmi Ph.D., Psychiatrist Karen Nuthals, Scientist Bruce Nystrom Ph.D., Psychologist Kristen O’Brien, Public Health Carlos O’Bryan M.D., Physician Kelly O’Connell-Seagraves Erin O’Connor-Thygeson , Nurse Louise O’Hanley Michelle O’Regan Janette O’Sullivan Ariel Oakes , Nurse June Oates Aura Obando M.D., Physician Samantha Ober M.D., Physician Austin Oberlin, Physician Kelley OConnell John OConnor Psy.D., Psychologist Kathleen O'Connor LCSW, Social Work Sharon O'Connor Ed.D., Psychologist Exhibit 38, Page190 Case 3:18-cv-00428-DMS-MDD Case 1:18-cv-01458-PLF Document Document 78 13-13 Filed 06/25/18 Filed 06/26/18 PageID.1602 Page 27Page of 57196 of 259 Tessie October, Physician Mary Gail O'Dea, Psychologist Kathleen ODonnell Burrows MSW, Social Work Lisa O'Donovan Danna Ogden D.O., Physician Robert Ogner, Social Work Taylor O'Grady Ph.D., Nicole Okezie M.D., Psychiatrist Yemi Okunseinde M.D., Physician Heidi Olander M.D., Physician Kerrie O'Leary Joseph Olejak Christy Olezeski Ph.D., Psychologist Mary Olin Stephanie Oliva, Physician Gabrielle Oliveira, Scientist Rachel Oliver Young William Olsen Brad Olson Ph.D., Psychologist Naomi Olson LCSW, Social Work MaryEllen Olson, Social Work Erin Ondercin Ph.D., Psychologist Lara ONeil APRN Ilonka O'Neil RN, Nurse Meagan ONeill, Physician Genoveva O'Neill M.D. , Physician Mary Kay O'Neill M.D., Physician Tamar Opler LCSW, Social Work Susan Opotow, Ph.D. Susan Orbach Ph.D., Psychologist Maureen O'Reilly-Landry Ph.D., Psychologist Spyros D Orfanos, Psychologist Alyssa Orinstein, Psychologist Manuela Orjuela-Grimm M.D., Physician Evelyn Orlando Joel Ornelas, Physician Kelly Orringer M.D., Physician Shelby Ortega Ph.D., Psychologist Jennifer Orthmann Murphy, Physician Aracely Ortiz Kim Ortiz, Social Work Chantel Osman, Psychologist Luisa Ospina, Social Work Patrice Ostmeywr ADTR Greg Oswald Ph.D., Psychologist Paige Oszmanski LCSW, Social Work Teresa Otoya-Mcadams Deborah Ottenheimer M.D., Physician Sarita Overton Ph.D., Psychologist Gavin Ovsak Medical Student Kristal C. Owens Ph.D., Psychologist Donna Ozawa Cyrille P Maria Pacheco Brenda Padilla Psy.D., Psychologist Savita Pa, Physician Melinda Paige Ph.D. Joquetta Paige M.D., Physician Karen Pakula, Social Work Ria Pal, Physician Yelennia Palacios, Physician Samantha Palmaccio, Physician Carter Palmer Rebecca Palmer Sara Palmer Ph.D., Psychologist Lee Palmer Rea Panares, Public Health Deepa Panchang NP-C, Nurse Diana Pandey M.D., Physician Karen Pando-Mars Heather Pane Seifert Ph.D., Psychologist Wendy J Panken, Social Work Tina Panteleakos Ph.D., Psychologist Pranati Panuganti Joe Panzner LSW, Social Work Kathleen Pape, Psychologist Carol Paradis Molly Paras, Physician Seymour Pardo, Psychologist Emmanuelle Pare M.D., Physician Anish Parekh Medical Student, Physician Monika Parikh, Administrator Shermi Parikh DPM, Physician Deborah Paris, Social Work Manuel Paris Psy.D., Psychologist Paul Park, Psychologist Heejung Park CPNP, Physician Beth Parker LICSW, Social Work Ann Parker, Physician Kelly Parker-Guilbert, Psychologist Sharon Parkinson Psy.D., Psychologist Parveen Parmar M.D., Physician Carla Parola LPC Jennifer Parrish D.O., Physician Gretchen Parrott MPH, Public Health Danielle Parsell Psy.D., Psychologist Amanda Parsons M.D., Public Health Amy Pasternack, Physician Nisha Patel M.D., Physician Kevin Patel M.D., Physician Premal Patel M.D., Physician Nishant Patel Psy.D., Psychologist Laura Patel M.D., Physician Ami Patel Vaidehi Patel M.D., Physician Anna Maria Patino-Fernandez Ph.D., Psychologist Terence Patterson, Psychologist Mark Patterson, MD, PhD, Physician Catherine Patteson, Social Work Sarah Patz, Psychologist Jennifer Pauk, Social Work Nat Paul Yasmerlin Paulino, Social Work Jeree Pawl Ph.D., Psychologist Julia Paz, Physician Julia Pazniokas, Physician Gwen Pearl , Social Work Ellen Pearlman Stephanie Pearson M.D., Physician Farrokh Pebdani Margaret Pechota Ph.D., Psychologist Kristen Peck Ph.D., Psychologist Lydia Pecker M.D., Physician Mark Pecker M.D., Physician Janet Peden Ph.D., Psychologist Annelisa Pedersen Ph.D., Psychologist Katherine Peeler M.D., Physician Joanna Peery Polyn, Nurse Rebecca Peil FNP-BC, Nurse Ann Pellegrini Ph.D. Lori Pellegrino M.D., Psychiatrist Lisa Pelton, Social Work Nina Pelton APRN Sheryl Pelton, Nurse Mary Pelton Cooper, Psychologist Rachael Peltz Ph.D., Psychologist Katherine Penebre FNP-C, Nurse Tagasichani Peralta, Social Work Brenda Pereda M.D., Physician Joy Pereths Vanessa Perez Medical Student Nissa Perez M.D., Psychiatrist Georgina Perez, Social Work Emiliana Perez APRN-BC, Nurse Marisa Perez, Physician Carla Perez Martinez Ph.D., Psychologist Maris Perez Johnson D.O., Physician Helen Perille Psy.D., Psychologist Uma Periyanayagam M.D., Physician Kacey Perkins Sarah Perkins M.D., Physician Sheri Perlman Jacob Perlman Medical Student, Physician Lauren Permenter MSW, Social Work Liza Perpuse M.D., Physician Carmela Perri CNS Sharon Perrotta Psy.D., Psychologist Barbara Perry LSW, Social Work Sebastian Perumbilly Ph.D. Angeliki Pesiridou M.D., Psychiatrist Deborah Peters Ph.D., Psychologist Rebecca Petersen, Social Work Christine Peterson Ph.D., Psychologist Jaime Peterson, Physician Janice Petix LCSW, Social Work Kimberly Petko M.D., Physician Michelle Petnov-Sherman LCSW, Social Work Sueli Petry Ph.D., Psychologist Mariah Pettapiece-Phillips, Public Health Barbara Petterson LMFT Nora Pfaff M.D., Physician Margaret Pfeffer M.D., Physician Anne Phan-Huy M.D., Psychiatrist Mara Pheister M.D., Physician Raina Phillips M.D., Physician Suzanne Phillips Psy.D., Psychologist Sharon Phillips, Physician Natasha Phillips, Administrator Sarah Phillips LMSW, Social Work Aurora Phillips Teresa Phillips, Physician Carrissa Phipps Ph.D., Psychologist Mojabeng Phoofolo, Physician Michele Piccolo Ph.D., Psychologist Nancy Pienta PT Robert Pierce Jr. Jane Pierce Amanda Pierce Cathy Pierce Faradia Pierre, Physician Anna Pineda Alex Pino Alexandra Pinon M.D., Physician Laura Pinsky, Social Work Naomi Pinson Renee Pinto Ph.D., Psychologist Alex Pirie Elliot Pittel M.D., Psychiatrist Lauren Pittman William Pittman Ed.S., Administrator Matthew Pius M.D., Physician Lin Piwowarczyk M.D., Psychiatrist Stuart Pizer Ph.D., Psychologist Jessica Piziali Julia Plascencia Rebecca Platt, Psychologist Erin Plews-Ogan Janet Plotkin-Bornstein Ph.D., Psychologist Angela Pluguez Ellen Plumb M.D., Physician Pierrette Poinsett M.D., Physician Nicholas Pokoj Deborah Polacek, Nurse Emily Polak Ph.D., Psychologist Laura Polania M.D., Psychiatrist Peter Polatin M.D., Psychiatrist Lisa Polenberg LCSW-R, Social Work Carly Policha, Nurse Laura Polito M.D., Physician Maria Pollack Lise Pomerleau Arthur Pomponio Ph.D. JoAnn Ponder Ph.D., Psychologist Eleanor Pope, Social Work Keren Porat, Psychologist Maria Portela, Physician Exhibit 38, Page191 Case 3:18-cv-00428-DMS-MDD Case 1:18-cv-01458-PLF Document Document 78 13-13 Filed 06/25/18 Filed 06/26/18 PageID.1603 Page 28Page of 57197 of 259 Jennifer Porter M.D. Jennifer Porter M.D., Physician Alesia Porter Natalie Porter Ph.D., Psychologist Gina Posner M.D., Physician Rebecca Post CSW, Social Work Tonia Poteat, Public Health Carol Potter Maria Pouria M.D., Physician Kate Pourshariati Chelsea Powell M.D., Physician Kavitha Prakash M.D., Physician Mark Prasad Nathan Praschan M.D., Physician Nancy Pratt Nancy Prendergast M.D., Physician Carol Presant, Social Work Diana L Prescott Ph.D., Psychologist Jennifer Presnall-Shvorin Ph.D., Psychologist Dan Prezant Ph.D., Psychologist Barbara Prezelin Ph.D., Scientist Alice Priano, Psychologist Norma Price M.D., Physician Maggi Price Ph.D., Psychologist Sean Price Patricia Priest RN, Nurse Anthony Primavera David Prince Psy.D., Psychologist Jean Prince M.D., Physician Alisa Prinos Betty Pristera, Social Work Karen Proner MSEd, Psychologist Shakira Provasoli Audrey Provenzano M.D., Physician Rebecca Pruitt Sarah Prysock, Nurse Kira Pullig, Social Work Ronda Pulse M.D., Physician Dianne Pulte, Physician Amy Pumo LCSW, Social Work Laurie Punch, M.D. Paul Puri M.D., Physician Emily Puterbaugh M.D., Physician Frank Putnam M.D., Psychiatrist Karen Putnam Maripat Putzer Scott Pytluk ABPP, Psychologist Diane Qi Sami Qreini, Social Work Kathleen Quinn, Social Work Germán Quiñonez Luis Quintero Medical Student Jessamine Quinzon, Nurse Josh Quirk Zeeshan Qureshi D.O., Physician Matt R, Social Work Tracy Rabin M.D., Physician Mara Rabin M.D., Physician Rebecca Rabin, Psychologist Ariana Rabinowitsch Medical Student Donna Racines CNM, Nurse Amy Rackear, Social Work Greg Raczkowski Shannon Radak, Nurse Audrey Raden LCPC Stephanie Radke M.D., Physician Nicole Rafanello Ph.D., Psychologist Sandra Rafman, Psychologist Cristy Ragland LPC Katie Raher Ph.D., Psychologist Tabassum Rahman LMSW, Social Work Aurnee Rahman Hannah Raila Ph.D., Psychologist Ashley Rainford, Psychologist Vinutha Rajesh M.D., Physician Vinutha Rajesh M.D., Physician Elsa Raker, Public Health Susana Ramirez M.D., Physician Sandra Ramirez LCSW, Social Work Maria Ramirez, Social Work Mark Ramirez LMFT, Psychologist Mari Ramos, Public Health Brenda Ramos LVN, Nurse Victoria Ramos, Psychologist Allison Ramsey Sonal Rana M.D., Psychiatrist Sheena Ranade M.D., Physician Kathryn Randall M.D., Physician Jocelyn Randall LCSW, Social Work Catherine Raney, Physician Linda Rangel Lena Ransohoff, Public Health Tucker Ranson LCSW, Social Work Kavitha Rao, Psychologist Wendy Rapaport Psy.D., Psychologist Evelyn Rappoport Psy.D., Psychologist Christopher Raso RN, Nurse Stephen Ratcliff, Social Work Elizabeth Rathbun Margaret Ratiner Ph.D., Psychologist Daniel Ratner, Psychologist Barbara Rauch LCSW, Social Work Stefanie Raue Margaret Rauen Ph.D., Psychologist Girindra Raval M.D., Physician Sheila Ravendhran M.D., Physician Simha Ravven M.D., Psychiatrist Anita Ray M.D., Physician Moira Ray M.D., Physician Maggie Ray Jennifer Raymond M.D., Physician Molly Raynor Cathleen Rea Ph.D., Psychologist Romy Reading Ph.D., Psychologist Eleanor Reardon Lisa Reaves M.D., Physician Sylvia Reaves LMSW, Social Work Marcus Reboa James Recht M.D., Psychiatrist Tam Redd, Psychiatrist Melissa Redden Cherkaleyna Redder-Haga D.O., Physician Lila Redmount, Social Work Michele Reed, Psychologist John Reed Karolin Reed, Physician Anne Reed-Weston Daniel Reef Ann Reese Psy.D., Psychologist Nicholas Reeves, Physician Deborah Reeves, Psychologist Jill Reich Brenna Reichman, Nurse Marian Reiff Ph.D., Public Health Barb Reilly RN, Nurse Laura Reinacher, Public Health Simba Reinhold Diane Reis M.D., Psychiatrist Wendy Reiser D.O., Psychiatrist Steven Reisner Ph.D., Psychologist Joanne Reith RN, Nurse Christine Reitmeyer Meegan Remillard M.D., Physician Marcus Rempel, Physician Michele Renchner Ph.D., Psychologist Michelle Reno Erika Rentas M.D., Physician Liza Restifo, Social Work Carolina Retamero M.D., Physician Neelambika Revadigar, Psychiatrist Elizabeth Revere, Physician Dinoska Reyes Claudia Reyes LCSW, Social Work Sr. Mary Sonia Reyes Jane Reynolds Ph.D., Psychologist Michele Reynolds, Physician Angie Reynolds M.D., Physician Dorca Reynoso Samina Reza M.D., Physician Wayne Reznick, Psychologist Donya Rhett Ph.D., Psychologist Ginger Rhodes Ph.D., Psychologist Madeline Rhum Ph.D., Psychologist Michele Ribeiro Ed.D., Psychologist Steven Riccoboni M.D., Physician Roberta Rice, Social Work Susan Rich M.D., Psychiatrist Nancy Richard, Administrator Arlene Richards D Roxanne Richards M.D., Physician Adam Richards M.D., Physician Wynn Richards Claire Richards, Nurse Dorothy Richardson Ph.D., Psychologist Hannah Richardson Ph.D., Psychologist Hilary Richardson, Psychologist Reg Richburg LMSW, Social Work Kristin Richey, Nurse Sophia Richman Ph.D., Psychologist Lisa Richman M.D., Physician Elizabeth Ridgway M.D. FAAP Amy Riek M.D., Physician Robert Riethmiller Ph.D., Psychologist Arleen Rifkind M.D., Physician Brandon Rigby Ph.D. Rebecca Rinehart Medical Student Krista Ring Rachael Ringwood LCSW, Social Work Lisa Rinker , Physician Monisha Rios MSW, Social Work Luis Ripoll M.D., Psychiatrist Robin Risler Psy.D., Psychologist Ana Risse, Physician Susan Ritterman Phyllis Rittner Jomarie Rivera M.D., Physician Nancy Rivera M.D., Physician Krissia Rivera Perla Denise Rizzo, Nurse Lina Roa, Physician TC Robbins, Physician Jeanette Robbins, Social Work Lynn Roberts Ph.D., Public Health Mary Roberts M.D., Physician Laura Roberts LCSW, Social Work Jill Robertson Tracy Robin, Social Work Colin Robinson M.D. Ruby Robinson Lori Robinson CCC-SLP Kahlila Robinson Ph.D., Psychologist Barbara Robinson LCSW-R, Social Work Elizabeth Robinson Lisa Robinson M.D., Psychiatrist Marva Robinson Psy.D., Psychologist Rachel Robitz M.D., Physician Elizabeth Rocco M.D., Physician Maya Rockeymoore Ph.D., Public Health Cristina Rodrigues Marlene Rodriguez M.D., Physician Nina Rodriguez, Physician Gabriela Rodriguez Ph.D., Psychologist Jacqueline Rodriguez, Nurse Yari Rodriguez Ingrid Rodriguez Ph.D., Psychologist Jaclyn Rodriguez, Forensics Von Marie Rodriguez-Guzman Ph.D., Psychologist Cynthia Roe MPH, Public Health Lizabeth Roemer Ph.D., Psychologist Exhibit 38, Page192 Case 3:18-cv-00428-DMS-MDD Case 1:18-cv-01458-PLF Document Document 78 13-13 Filed 06/25/18 Filed 06/26/18 PageID.1604 Page 29Page of 57198 of 259 Soraya Rofagha, Physician Wesley Rogers Juliet Rohde-Brown Ph.D., Psychologist Sarah Rojas M.D., Physician Kathryn Rolland Ed.D., Public Health Emily Romano Amy Romashko M.D., Physician Sandra Romero M.D., Physician Robin Romine Sylvia Romm M.D., Physician Rebecca Romo Psy.D., Psychologist Suzanne Roniger, Social Work Beth Rontal, Social Work MaryEllen Rooney Ed.D., Administrator Rebecca Rooney, Psychologist Danielle Rooney M.D., Physician Lindsey Rosa, Social Work Andrew Rosales, Medical Student Rachel Shira Rosan RN, Nurse Gabriela Rosas-Garcia M.D., Physician Thomas Rosbrow Ph.D., Psychologist Patricia Rosbrow Ph.D., Psychologist Elizabeth Rose, Administrator Teresa Rose Ph.D., Psychologist Susan Rose Ph.D., Psychologist Anthony Rose Abigail Rose M.D., Physician Christian Roselund Penny Rosen LCSW-R, Social Work Barbara Rosen, Social Work Laura Rosen Ph.D., Psychologist Diane Rosenbaum Ph.D., Psychologist Marion Rosenbaum Ph.D., Psychologist Ruth Rosenbaum Larry Rosenberg Ph.D., Psychologist David Rosenberg Ph.D., Psychologist Linda Rosenberg LCSW-R, Social Work Michele Rosenberg M.D., Psychiatrist Mindy Rosenberg Ph.D., Psychologist Lynne Rosenberg Ellen Rosenblum RN, Nurse Julia Rosenfield LICSW, Social Work Andrea Rosenstein AAHIVS, Psychologist Elizabeth Rosenthal M.D., Physician Vicki Rosenthal MSW, Social Work Joshua Rosenthal Dr.PH. Nancy Rosenwasser Erika Roshanravan M.D., Physician Esther Rosha-Stadtler, Psychologist Julie Rosinski, Social Work Samantha Rosman, Physician Zach Rosner M.D., Physician David Rosner Ph.D., Public Health Randall Ross M.D., Psychiatrist Ellen Ross Psy.D., Psychologist Joellyn Ross Ph.D., Psychologist Marianne Ross Ph.D., Psychologist Valerie Ross LMFT, Psychologist Jonathan Ross M.D., Physician Whitney Ross, Physician Tamica Ross Steve Ross Kevin Michael Ross, MS, LMFT Laura Rossillo Kerry Rossitto Ragna Rostad, Physician Brad Roter M.D., Physician Katalin Roth M.D., Physician Judy Roth Ph.D., Psychologist Scott Roth Psy.D., Psychologist Lisa Roth, Psychologist Jan Roth Ph.D., Psychologist Jonathan Rothberg M.D., Physician Barbara Rothberg D.S.W., Social Work Ben Rotter, Physician Dana Rous LICSW, Social Work Deborah Rowden Florence Rowe ACRN, Social Work Kevin Rowe, Psychiatrist Laurel Rowen Ph.D., Psychologist Nora Rowley M.D., Forensics Kevin Roy Ph.D., Public Health Ingrid Roze Ph.D., Psychologist Desiree Rozier Psy.D., Psychologist Hadassah Rsmin, Social Work Nancy Rubbico Susan Rubin, Physician Lori Rubin M.D., Physician Penny Rubinfine D.S.W., Social Work Marie Rudden M.D., Psychiatrist Ginger Ruddy, Physician Susan Rudolph, Psychologist Dr. Dean Rudoy Ph.D., Psychologist Carrie E Ruggieri, Psychologist Maritza Ruiz M.D., Physician Elena Ruiz-Rios M.D., Physician Daniel Runde M.D., Physician Jennifer Rupert, Physician Patricia Rush M.D., Physician Judy Russell Rachel Russell Psy.D., Psychologist Judith Ruszkowski Elizabeth Rutten-Turner LCSW, Social Work Adriana Ruvalcaba LMSW, Social Work Avery Ryan LMSW, Social Work Julie Ryan Ph.D., Psychologist Karen Ryan Deborah Ryan Ph.D. Tracy Ryaru Ph.D., Psychologist Kayce Ryberg PNP, Nurse Thalia Ryer LMHC, Psychologist Inna Ryvkin M.D., Physician Anuja S Moizah Saad D.O., Physician Altaf Saadi M.D., Physician Karen Saakvitne Ph.D., Psychologist Fred Sabb Ph.D. Raha Sabet Marlene Sabio Ed.D. Miranda Sacharin Anita Sacks LCSW-R, Social Work David Sacks Psy.D. Psychologist Sehrish Saeed Sara Safarzadeh-Amiri M.D., Physician Luisa Saffiotti Ph.D., Psychologist Ellen Safier Stella Safo, Physician Angela Sagar M.D., Psychiatrist Elahe Sagar M.D., Psychiatrist Kristin Sagert Ph.D., Social Work Priyanka Saha, Medical Student, Physician Sara Sahl Physician Thorayya Said Giovannelli, Psychologist Gina Salamone MPHTM, Public Health Kathleen Salandrea ASHS, Social Work Silvia Salas Claudia Salazar Psy.D., Psychologist Alle Salazar, Social Work Melissa Salazar PA-C Sandra Salerno, Social Work Tonya Salerno Amy Salins, Social Work Kelsie Salmen Psy.D., Psychologist Saurabh Saluja M.D., Physician Sarah-Jeanne Salvy, Psychologist Yasmina Samaha, Medical Student Phillip Samayoa Maura Sammon M.D., Physician Ray Samoa M.D., Physician Karen Samuels Ph.D., Psychologist Rachel Samuelson M.D., Physician Ana San Martin M.D., Psychiatrist Diana Sanabria, Social Work Judith Sanchez M.D., Physician Dayana Sanchez MPH Henry Sanchez Medical Student Amy Sanchez, Psychologist Antonio Sanchez Psychiatrist Antonio Sanchez Shara Sand Psy.D, Psychologist Janay Sander Ph.D., Psychologist Kirsten Sandgren Social Work Hollie Sandlin Physician Sabrina Sandoval M.D., Psychiatrist Eric Sandoval M.D., Physician Maria Sandvik Rosa Sanluis Tracy Sanson M.D., Physician Patricia Santivanez Sebastiano Santostefano Psy.D., Psychologist Anmol Satiani Ph.D., Psychologist Alicia Sattler APRN-BC, Nurse Erica Sauer LICSW, Social Work Danielle Savage M.D., Physician Esther Savitz LCSW-R, Social Work Annita Sawyer Ph.D., Psychologist Keegan Sawyer Suzan Sayder Shannon Scanlan Polly Scarvalone Ph.D., Psychologist Skyla Scarzella Laurie Scgwartzer LCSW-R, Social Work Milton Schaefer Ph.D., Psychologist Stephanie Schafer, Social Work Katherine Schaff Dr.PH, Public Health Michael Schaffer Ph.D., Psychologist Michelle Schaffner, Social Work Phyllis Schalet, Social Work Kathy Jo Schanner Elaine Schattner M.D., Physician A Schatz Gillian Schauer Ph.D., Public Health Elizabeth Schauer Diane S. Schaupp PHD Joshua Schechtel, Physician Andrew Schechterman Ph.D. Jessica Schemm M.D. Kellie Schenk M.D., Physician Carol Scherer Abigail Schiff, Medical Student Physician Gordon Schiff M.D., Physician Eliza Schiffrin Social Work Naomi Schiller Emily Schindler M.D., Physician Barbara Schinzinger, Physician Anthony Schlaff, Physician Lauren Schleimer, Medical Student Morley Schloss Judy Schmauss Luanne Schmidt RN, Nurse Ann Schmit RN, Nurse Malea Schmitt, Administrator Carol Schneebaum M.D., Physician Alexis Schneider Stephen Schneider Ph.D., Psychologist Leah Schneider, Social Work Celeste Schneider Ph.D., Psychologist Jana Schneider Alina Schneider, Nurse Peter Schneider Ph.D., Psychologist Maayan Schoeman Erica Schoenberg Ph.D., Psychologist Nancy Schoenborn, Physician Benjamin Schoendorff, Psychologist Kitturah Schomberg-Klaiss D.O. Physician Julia Schonberg, Nurse Stephanie Schonholz Leah Schraga M.D., Physician Selena Schreyer Exhibit 38, Page193 Case 3:18-cv-00428-DMS-MDD Case 1:18-cv-01458-PLF Document Document 78 13-13 Filed 06/25/18 Filed 06/26/18 PageID.1605 Page 30Page of 57199 of 259 Naia Schroder Meadow Schroeder, CCRP Seran Schug, Ph.D. Gene Schulze Ph.D., Psychologist Peter Schuntermann M.D., Psychiatrist Leah Schupp M.D., Psychiatrist Lisa Schwartz ANP-C, Nurse Sarah Schwartz, Psychologist Dorothy Schwartz, Nurse Michele Schwartz LCSW-R, Psychologist Stephanie Schwartz Henry Schwartz MD, Psychiatrist Hanna Schwartzbaum, Psychologist Erin Schwarz D.O., Physician Megan Schwarzman M.D., Physician Erika Schwilk M.D., Physician Elena Schwolsky, Nurse Andres Sciolla, Psychiatrist Bruce Scott M.D., Physician Kerry Scott, Social Work Alison Scott LPC Jennifer Scott Kate Scribner, Social Work Sara Scripp Joe Scroppo Ph.D., Psychologist Laurie Scudder PNP Sara Scull, Psychologist Amy Scurlock M.D., Physician Cheryl Seaman M.D., Physician Mark Seamon, Physician Regine Anna Seckinger Ph.D., Psychologist Trina Seefeldt Ph.D., Psychologist Margaret Seely, Social Work Erin Seery M.D., Psychiatrist Jackie Segarra Social Work Sally Segel M.D. Physician Rachel Seitz RN-BC, Nurse Emily Seltzer Anne, Selvey Ph.D., Psychologist Erin Semcken J.D. Andrew Semegram APRN, Nurse Nancie Senet Ph.D., Psychologist Caroline Sennett Esq. Naomi Senser M.D., Physician Paola Sepulveda-Miranda, Public Health Lecia Sequist M.D., Physician Jordan Serchuk Jennifer Serlin Ph.D., Psychologist Steve Serlin M.D., Physician Mary Serlin Margo Serlin, Nurse Megan Serrano, Social Work Esmeralda Serrano M.D., Physician Valeria Servranckx Lara Setti M.D., Physician David Shaddock, Psychologist Betsy Shadid M.D., Psychiatrist Emily Shaffer Umber Shafique M.D., Physician Simon Shagrin Ph.D., Psychologist Priti Shah Ph.D., Psychologist Sural Shah, Physician Ami Shah M.D., Physician Farhana Shah Ph.D., Psychologist Shivani Shah, Physician Niki Shah, Administrator Mohammad Shaikh M.D., Physician Iram Shaikh-Abbasi M.D., Physician Laura Shail Beverly Shalom LCSW, Social Work Rose Shalom LMFT, Psychologist Kristin Shanahan, Psychologist LeAnn Shannon M.D., Physician Kate Shanovich Kathleen Shanovich, Nurse Alicia Shapinsky Ph.D., Psychologist Caren Shapiro, Social Work Michael Shapiro M.D., Physician Betsy Shapiro Mia Shapiro LCSW, Social Work Mindy Shapiro, Physician Cappy Shapiro, Social Work Sue A. Shapiro PhD, Psychologist Aimee Shariat M.D., Physician Hilda Sharifi M.D., Physician Jaskiran Sharkey, Physician Shreya Sharma Manisha Sharma M.D., Physician Susan B Sharp Kristen Sharp, Physician Michelle Shasha Ph.D., Psychologist Gabrielle Shatan, Psychologist Sharon Shatil Ph.D., Psychologist Paula Shatsky, Social Work Amy Shattuck, Social Work Alice Shaw Ph.D., Psychologist Stephanie Shaw, Physician Jennifer Shaw M.D., Physician Victoria Shaw Ph.D., Psychologist Katherine Shea, Social Work Marie Shebeck, Social Work Meghan Sheehan, Physician Kate Sheehan, Social Work Jennifer Sheflin LCSW, Social Work Steven Shein M.D., Physician Evelyn Sheldon Jeminie Shell, Social Work Donna Shelley, MD Sara Shenker Psy.D., Psychologist Rachel Shepard, Psychologist Heather Sher M.D. Audrey Sheridan M.D., Physician Benna Sherman, Psychologist Mark Sherman Ph.D., Psychologist Patricia Sherman, Social Work Rachel Shey, Public Health Carol Shilliday Psy.D., Psychologist Kevin Shilling, Physician Ruth Shim M.D., Physician Suzanne Shimoyama M.D., Psychiatrist Joseph Shin M.D., Physician Yael Shinar , Physician William Shinefield Psy.D., Psychologist Kate Shirley Erica Shoemaker, Psychiatrist Starla Sholl LCSW-C, Social Work Jessica Shore, Psychologist Lauren Shores, Psychologist Judith Shotwell Whitney Showler Kayleigh Shrader Sharon Shrensel ACRC, Psychologist Rhodara Shreve Diane Shrier M.D., Psychiatrist Devki Shukla, Medical Student Barton Shulman, LCPC Trysa Shulman Psy.D., Psychologist Lisa Shwartz RN, Nurse Monica Sicilia, Psychologist Mary Sickles M.D., Psychiatrist Alexandra Sideroff Jeri Sides Ph.D., Psychologist Shawn Sidhu, Psychiatrist Feroze Sidhwa M.D., Physician Karin Siebenmorgen, Nurse Ben Siegel M.D., Physician Jill Siegel Ph.D. Mari Siegel Audrey Siegel LCSW, Social Work Roberta Siegel Mark Siegert Ph.D., Psychologist Mary Siemes Ph.D., Psychologist Rachel Sienko Ph.D., Psychologist Neha Sikka Alexis Silas Psy.D, Psychologist Richard Silberg M.D., Physician Lynette Silva, Psychologist Manel Silva M.D. Alison Silver LCSW, Social Work Talya Silver, Social Work Mary Silverberg Sandra Silverman, Social Work Louise Silverstein Ph.D., Psychologist Stephanie Sim M.D., Psychiatrist Zoya Simakhodskaya Ph.D., Psychologist Daphne Simeon M.D., Psychiatrist Andrew Simmons M.D., Physician Leigh Simmons M.D., Physician Iris Simon Jack Simons Ph.D. Psychologist Virginia Simons, Social Work Rebecca Simpkin M.D., Physician John Simpkin RN, Nurse Douglas Simpkin Ph.D. Amy Simpson, Physician Elizabeth M Simpson LCSW, Social Work Melanie Sims, Social Work Elizabeth Singer, Physician Jayne Singer Ph.D., Psychologist Meredith Singer Ph.D., Psychologist Mark Singer M.D., Psychiatrist Rachel Singer, Psychologist Michael Sinha M.D., Physician Joel Sjerven, Social Work Katy Sjerven Anne Skamai Ph.D., Psychologist Julia Skapik, Physician Karen Skean, Psychologist Amanda Skiff, Social Work Jared Skillings Ph.D., Psychologist Kate Skolnick Judy Skolnick, Social Work Licia Sky Anne Slanina Psy.D., Psychologist Michelle Slapion-Foote , Psychologist Sunnetta Slaughter, Public Health Barry Slavis, Social Work Sharon Sloan, Physician Phyllis L. Sloate Ph.D., Psychologist M Slobetz, Social Work Joyce Slochower Ph.D., Psychologist Monica Slote, Nurse Jonathan Slutzman M.D., Physician Sarah Smalley Rhaina Smeds Psy.D., Psychologist Janet Smeltz CADC Damion Smith, Psychologist Emily Smith MSN, Nurse Cabrini Smith Bea Smith Andrew Smith, Pharmacist Vicki Smith David Smith, Social Work Amy Smith Ph.D., Psychologist Charlene Smith Vernon Smith Ph.D., Psychologist Olivia Smith, NP Mark Smith Sidney Smith, Social Work Jenny Smith, RN Lawry Smith, Social Work Anne Smith, Nurse Lauren Smith, Administrator Nicole Smith M.D., Physician Stacey Smith, Administrator April Smith D.Phil., Psychologist Emily Smith M.D., Physician Keri Smith M.D., Physician Sacheen Smith Amy Smith Edwards LCSW, Social Work Melissa Smith-Parrish M.D., Physician Exhibit 38, Page194 Case 3:18-cv-00428-DMS-MDD Case 1:18-cv-01458-PLF Document Document 78 13-13 Filed 06/25/18 Filed 06/26/18 PageID.1606 Page 31Page of 57200 of 259 Marcella Smithson MPH, Public Health Maya Smolarek, Psychiatrist Stephanie Snell Jane Snyder Ph.D., Psychologist Elizabeth Snyder MSW, Social Work Ramona Soberanis, Nurse Lilien Socorro Lauren Soderstrom Vanessa Soetanto M.D., Physician Keren Sofer Psy.D., Psychologist Kim Sogge Ph.D., Psychologist Nicole Soileau Lara Sokoloff Martine Solages M.D., Psychiatrist Deana Solaiman M.D., Physician Alidra Solday LCSW-R, Social Work Stephen Soldz Ph.D., Psychologist Ellen Solomon M.D., Physician Alex Solomon LCSW, Social Work Rebecca Solomon Caren Solomon Valerie Solorzano Amythis Soltani Deborah Sommers D.S.W., Social Work Leslie Sommers Kristin Sommerville Soon-IL Song M.D., Physician Sam Song ANP-HIV, Physician Mary Songster-Alpin D.V.M. Lily Sonis LCSW, Social Work Daniel Sonkin Ph.D., Psychologist Sheila Sontag M.D., Psychiatrist CharuSood Psy.D, Psychologist Kimberly Sorensen LCSW, Social Work Rachel Sosland, Social Work Joseph Sotomayor Jerry Soucy Ph.D., Psychologist Michael Southworth M.D., Physician Renya Spak Susan Spalding Eve Spangler Kate Sparks, Social Work Carly Sparks LCSW, Social Work Jessica Sparks RN, Nurse Lauren Spears Ph.D., Psychologist Chris Spears-Bartunek Jennie Spector, Social Work Paula Spector, Nurse Valeriya Spektor Ph.D, Psychologist Leah Spelman Public Health Ken Sperber M.D., Physician Paul Speziale J.D. Natalie Spicyn M.D., Physician Paul Spiegel Dr.PH, Physician Margaret Spier Ph.D., Psychologist Cara Spitalewitz Ph.D., Psychologist Deborah Spitz M.D., Psychiatrist Greta Spoering LICSW,Social Work Amanda Spray Ph.D., Psychologist Frank Spring Judith Springer, Psychologist Susan St. John MSEd B.F. St.AngeloVictor Sta. Ana M.D., Physician Christina Stableford Margaret Stager M.D., Physician Emily Stagg APRN-BC, Nurse Jessica Stahl Ph.D., Psychologist Juliet Stamperdahl Ph.D., Psychologist Geraldine Stampf, Social Work Carol Stampfer, Nurse Flavia Stanley, Social Work Hannah Starobin, Social Work Karen Starr Psy.D., Psychologist Judith Staub Sarah M Stearns Ph.D., Psychologist Nancy Steckler Ph.D., Psychologist Carmen Steckline, Physician Courtney Steer-Masasro CNM Joann Stefano, Nurse Lauren Steffel, Psychologist Catherine Steffens Carrie Stein, Social Work Alyson Stein Laurie Stein, Social Work Jane Stein Carolyn Steinberg M.D., Physician Brenda Steinberg Ph.D., Psychologist Brenda Steinberg Ph.D., Psychologist Michelle Steinberg Beian Steiner, Psychologist Marlene Steiner Aimee Steiniger, Physician Christopher Stephano LMSW, Social Work Alice Stephens, Social Work Tricia Stephens, Social Work Linda Story Stephenson, Social Work Laura Stephenson, Psychologist Katrina Sterba Marina Stern, Physician Alexis Stern Rebecca Stern Donnel Stern Ph.D., Psychologist George Stern Lee Stern Rhonda Sternberg Ph.D., Psychologist Corinne Stevens RN, Nurse Deana Stevens Psy.D., Psychologist Stacey Stevens LMHC Rae Stevenson, Physician Alice Steward Karen Stewart, Social Work Caroline Stewart LCSW, Social Work Amanda Stewart M.D., Physician Stella Stewart, Social Work Lacey Stewart, Social Work Alejandra Stewart M.D., Physician Arlene Stiffman Ph.D., Social Work Claire Stiles Ph.D. Kathryn Stinson, Social Work Michael Stocker Ph.D. Sandor Stockfleth, Psychologist Sasha Stok, Psychologist Hanni Stoklosa Katherine Stolarz, Physician Glenda Stoller LCSW-R, Social Work James Stoltzfus M.D., Physician Elizabeth Stone Geren Stone, Physician Patricia Stone Ann Stoneson Michael Stoppiello, Psychologist Anne Stormorken M.D., Physician Bethany Storz ANP-BC, Nurse Jeffrey Stovall M.D., Physician John Stracks M.D., Physician Anne Strain, Social Work Angela Strain, Psychiatrist Kee Straits Ph.D., Psychologist Molly Stranahan Psy.D., Psychologist Elspeth Strang LCSW-R, Social Work Yorgos Strangas M.D., Physician Adam Strassberg, Psychiatrist Thomas Stratton, Physician Susaan Straus Paula Strauss Psy.D., Psychologist Jona Strauss, Physician Barbara Streeter Johanna Strobel, Psychologist Matthew Strobel Psy.D., Psychologist Lenore Strocchia-Rivera Ph.D., Psychologist James Strohl Ed.D., Psychologist Susan Strom Mark Stroman, Nurse Msrgaret Strosser Jennfer Strumwasser Krysttel Stryczek Jessica Stults, Social Work Lee Sturdivant Gabrielle Stutman Ph.D., Psychologist Lauren Suarez, Psychologist Seymour Sub Jennifer Subasic-Marks Elaine Suben LCSW-R, Social Work Rani Subramaniam Aditi Subramaniam Asha Subramanian M.D., Physician Sujatha Subramanian Ph.D., Psychologist Alvin Sugarman Iris Sugarman, CSW Kate Sugarman, Physician Mark Sullivan, Social Work Katie Sullivan, Medical Student Meghan Sullivan, Social Work Elise Sullivan, Physician Maggie Sullivan, Nurse Lei Sun MSEd Anisha Sunkerneni Soksophea Suong Alicia Supernault Rajat Suri, Physician Paola Susan M.D., Physician Shea Suskin M.D., Physician Donna Sutter M.D., Physician C. Jay Sutton, Psychologist Jessica Suzuki, Psychologist Laura Suzuki, Nurse Deanna Sverdlov OB/GYN, Physician Stephanie Swafford, Administrator Sara Swain, Physician Nicole Swain, LPC Padma Swamy, Physician Suzanne Swanson Ph.D., Psychologist Lianne Swanson Kinya Swanson Psy.D., Psychologist Sarah Swanson-Damon Lauren Swartz Zarana Swarup M.D., Physician Nancy Sweeney Psy.D., Psychologist Carolyn Swenson, Physician Eve Switzer M.D., Physician Monica Swords, Social Work Ricci Sylla M.D., Physician Joanna SymeouPsy.D., Psychologist Shonda Szabo Dorota Szczepaniak M.D., Physician Julio Szmuilowicz, Psychiatrist Sharon Szmuilowicz M.D., Psychiatrist Stephanie Tabashneck Psy.D., Psychologist Beth Tabor-lev Ph.D., Psychologist Linda Tafapolsky Psy.D., Psychologist Leah Taffel, Physician Waqqas Tai, Physician BReena Taira M.D., Physician Virginia Takagi M.D., Physician Lucy S. Takagi, Psy.D. Psychologist Wajma Talib RN-BC, Nurse Kaaren Tam M.D., Physician Jennifer Tamir, Nurse Paige Tang O.D. Aswita Tan-McGrory, Public Health Nazeela Tanweer Shannon Tapia M.D., Physician Kim Tappen Psy.D., Psychologist Cristian Taraschi, Social Work Aparna Tarc Shamyla Tareen, Social Work Lucila Tarin M.D., Physician Exhibit 38, Page195 Case 3:18-cv-00428-DMS-MDD Case 1:18-cv-01458-PLF Document Document 78 13-13 Filed 06/25/18 Filed 06/26/18 PageID.1607 Page 32Page of 57201 of 259 Yael Tarshish M.D., Physician Jeanne Tate MSN, Nurse Emilia Taubic Cathy Tauscher, Nurse Gabrielle Taylor Ph.D., Psychologist Brent Taylor Ph.D. Ellen Taylor, Psychologist Nicole Taylor Ph.D., Psychologist Brooke Taylor LMSW, Social Work May Taylor Ph.D, Psychologist Joy Taylor, Social Work Sara Teasdale, Physician Kam Tecaya, Physician Linda Techell LMSW, Social Work Alice Teich M.D., Physician Christina Temes, Ph.D. Lisa Temkin Betsy Templeton Linda Tennies Debra Teplin PA-C Vincenzo Teran Psy.D., Psychologist Jill Terrell-Ouazzani Nancy Terres Ph.D., Nurse Anna Terry M.D., Physician Melissa Tesher M.D., Physician Baylah Tessier-Sherman, Public Health Maria Testa, Psychologist Susan Thackrey Ph.D., Psychologist Reshma Thadani, Physician Bob Thaden Susan Thau Ph.D., Psychologist Micaela Theisen FNP-BC Makani Themba, Public Health Karin Theurer-Kaufman Ph.D., Psychologist Kelly Thibeault LCSW, Social Work Catharine Thomann Ph.D., Psychologist Nina Thomas Ph.D., Psychologist Catherine Thomas PNP, Nurse Marlene Thomas MHA, Nurse Martha Thomas, Physician Allie Thomas-Fannin M.D., Psychiatrist Nicole Thomasian, Physician Tamara Thome. Physician JJ Thomlinson, Social Work Jason Thompson, Psychologist Nellie Thompson Gretchen Thompson Celena Thompson Psy.D., Psychologist Julia Thompson CSW, Social Work Valerie Thompson Craig Thompson M.D., Physician Marnie Thompson Thomas Thompson Ph.D., Psychologist Janet Thompson LPN Ann Thompson Cook. Social Work Ariana Thompson-Lastad Ph.D., Public Health Kerry Thon Liviya Thoreson-Whyte D.O., Physician Patricia Thrasher, Social Work Benjamin Tiano Alanna Ticali Wendy Tien M.D., Physician May Tift LMFT Blair Tilghman, Nurse Jane Tillman Ph.D., Psychologist Jaci Timmons M.D., Physician Ulrika Timvik-Abreau, Scientist Beth Tinker RN, Public Health Jannett Tirado Dennis Tirch Ph.D., Psychologist Elizabeth Tisei M.D., Physician Sigrid Tishler M.D., Physician Mirjam Tkalcic, Psychologist Matt Tobey M.D., Physician Valerie Tobia Valerie Tobin APN, Scientist Mary Tobin-Anderson M.D., Physician Lauren Tobing-Puente, Psychologist Cynthia Tocman Tahisha Tolbert M.D., Physician Terry Tolk Ph.D., Psychologist Elizabeth Toll, Physician Pat Tomasello, Public Health Allison Tom-Yunger, Social Work LeeAnn Toolan Felice Toonkel Jeremy Topin M.D., Physician Paula Toribio Mary Tornabene, Nurse Gina Torres, Social Work Amanda Torres, Social Work Bianca Torres Melissa Torres Ph.D., Social Work Randi Torstenson Psy.D., Psychologist Angela Tougas, Nurse Kim Tousignant, Psychologist Sima Toussi M.D., Physician Luz Towns-Miranda Ph.D., Psychologist Heather Tracey, Social Work Jamie Trachtenberg LCSW, Social Work Celina Tracy Carol Tracy Ph.D., Psychologist Patricia Trainor Ph.D., Psychologist Vy Tran, Public Health My Tuyet (Virginia) Tran Aminata Traore, Physician Colleen Traud APRN-BC Matt Travis Jennifer Trebbin Amanda Trecartin Diane Trees -Clay George Tremblay Ph.D., Psychologist Jackie Treneer Robin Treptoq Ph.D., Psychologist Sylvia Trevino M.D., Physician Melissa Tribuzio M.D., Physician Dr. David Trimble, Psychologist Catherine Trimbur M.D., Physician Christy Trombley Psy.D., Psychologist Lucianna Trujillo, Physician Samantha Truong, Medical Student Linda Tsai D.O., Physician Elizabeth Tschoegl, Social Work Steven Tuber Ph.D., Psychologist Richard Tuck Psy.D. Psychologist Bethany Tucker M.D. Psychiatrist Jane Tucker Ph.D. Psychologist Sondra Tuckfelt Ph.D. Psychologist Michelle Tully, Social Work Shirley Tung, Social Work Angela Tunno Ph.D. Psychologist Robert Turer, Physician Michael Turken M.D. Physician William Turner M.D. Physician Catharyn Turner M.D. Psychiatrist Ray Turner Psy.D. Psychologist Sarah Turney LMHC Karen Tuttle, Social Work Evelyn Twentyman M.D. Physician Jeanne Tyan M.D. Physician Dale Tylor M.D. Physician Gabrielle Tynes-Labonte Grayce Tyszko Efstathia Tzatha Hala Ubaid D.O. Physician Gianna Ubinas Dr.PH. Physician Molly Uhlenhake D.O. Physician Sarah Ullman Ph.D. Psychologist Claudia Unger Ph.D. Psychologist Jennifer Unterberg Ph.D. Psychologist Nina Urban M.D. Psychiatrist Miren Uriarte Ph.D. Social Work Michelle Urman Sebastian Urrea Mayur Urva Kathy Usher Kelly Uusitalo Shantel Vachani, Social Work Melanie Vaira Laura Valdes Juanita Valdez-Cox Kristin Valentino Ph.D. Psychologist Barbara Valenza Sarah Valeri Holly Valerio M.D. Psychiatrist Lisa Vallejos Ph.D. Psychologist Charleen Valli, Nurse Carol Valoris Elizabeth Van Dyke, Physician Joyce Van Huis Heather Van Wagner Hima Bindu Vanapalli M.D. Physician Lisa M Vandemark Ph.D. Nurse Kay Vandenberg M.D.Physician Elizabeth Vandermark M.D. Physician Jeffrey Vanderploeg Ph.D. Psychologist Lennie Rae Vangorder Noelle VanHendrick Kristin Vann Sands, Nurse Tamara, Vanover Ted VanSickle Kate VanZanten, Public Health Eliza Varadi M.D. Physician Ruth Varkovitzky Ph.D. Psychologist Samantha Varner M.D. Physician Jessica Vasquez M.D. Physician Melba Vasquez Ph.D. Psychologist Sheryl Vassallo M.D. Physician Jessica Vaughn Physician Linnea Vaurio Ph.D. Psychologist Sara Vazquez M.D. Physician Lilliana Vazquez M.D. Physician Desiree Vega, Psychologist Farah Vega M.D. Physician Aurea Vega Natan Vega Potler Manasa Velagapudi Larissa Velez, Physician Joann Veloudis David Venarde Psy.D. Psychologist Laura Venuto Psy.D. Psychologist Zoe Vercelli Noushin Verdi, Psychologist Raluca Veres Juan Vernon M.D. Physician Diana Vernon Anne Vestergaard LISW, Physician Maureen Vetter Yorleny Vicioso, Scientist Craig Vickstrom M.D. Physician Alejandro Victores Anne Victory MSN, Nurse Alexis Vidaurri D.V.M. Julie Vieth MB ChB, Physician Nicole Vigoda Psy.D. Psychologist Bianca Villalobos, Psychologist Kathy Villalovos Rodrigo Villar M.D. Physician Camila Villasante Nina Vinson, Scientist Elena Visconti MSEd Tamar Vishlitzky LICSW, Social Work Kirsten Vitrikas, Physician Miguel Angel Viveros, Psychologist Jennine Vizcaino William Vlach Ph.D., Psychologist William Vlach Ph.D., Psychologist Michelle Vo M.D. Physician Diana Voellinger Exhibit 38, Page196 Case 3:18-cv-00428-DMS-MDD Case 1:18-cv-01458-PLF Document Document 78 13-13 Filed 06/25/18 Filed 06/26/18 PageID.1608 Page 33Page of 57202 of 259 Martha Vogel Ph.D. Psychologist Monica Vohra M.D. Physician Erin Volpe Ph.D. Psychologist Bettina Volz Ph.D. Psychologist Gloria Von Oiste, Social Work Barbara VonKlemperer Ed.D. Psychologist Katie Voorhees Susan Voorhees Psy.D. Psychologist Rajvee Vora M.D. Psychiatrist Petra Vospernik Ph.D. Psychologist Raluca Vrabie, Physician Maria Vukovich Ph.D. Scientist Michael Vurek, Social Work Carol Wachs Psy.D. Psychologist Paul Wachtel Ph.D. Psychologist Karen Wachtel, Psychologist Kristen Wade-Kempiak M.D. Physician Lauren Wadsworth Dr.PH. Linda Wagner M.D. Physician Lorryn Wahler Barbara Wainberg Amanda Wakefield, Psychologist Karen Walant Ph.D. Social Work Richard Waldhorn M.D. Physician Kate Waldman Amy Waldner Melissa Walker LCSW-R, Social Work Susan Walker-Matthews Ph.D. Psychologist Tami Walkup Anuhea Wall MSW, Social Work Joseph Wall Jennifer Wallach, Psychologist Hannah Wallerstein Ph.D. Psychologist David Wallin Ph.D. Psychologist Stephanie Wallio Ph.D. Psychologist Bill Walter, Physician Anne Walters Ph.D. Psychologist Lynn Walters Ph.D. Heather Walton Ph.D. Psychologist Sheshali Wanchoo D.O. Physician Karen Wang M.D. Physician Leah Wang Ph.D. Psychologist Holly Wanic Saman Waquad Margaret E. Ward Ph.D. Elizabeth Ward, Psychologist Kimiora Ward, CNO Karlyn Ward LCSW, Social Work Deborah Warden LCSW, Social Work Meredith Warden M.D. Physician Jessica Ware, Social Work Layla Ware de Luria LCSW, Social Work Leslie Warfield Psy.D. Psychologist Ellie Warner-Rousseau Colleen Warnesky, Psychologist Kristan Warnick, Social Work Barbara Warren MSEd, Psychologist Erin Warren D.V.M. Susan Warshaw Ed.D. Psychologist Deborah Washburn, Social Work Linda Washburn CSW Social Work Ashley Waterberg, Social Work Patricia Waterman Deirdre Waters Psy.D. Psychologist Gregory Waters Ph.D. Melanie Wathugala Mary Watkins Ph.D. Psychologist Danielle Watson Fiona Watson LCSW-R Social Work Laurel Watson Dr.PH. Psychologist Morgan Watson, Social Work Terry Watson Sara Watson M.D. Physician Deborah Waxenberg, Psychologist Judith Weatherly LMFT Gina Weaver, Social Work Jenna Weaver D.V.M. Marcia Webb Sara Weber Ph.D. Psychologist Megan Webster M.D. Psychiatrist John Wechter Ed.D. Psychologist Elizabeth Weeks, Physician Jane Weese, Nurse Julie Wegener M.D. Psychiatrist Amelie Wegner, Physician Lori Weichenthal, Physician Steven Wein, M.D. Psychiatrist Kristy Weinberg, Social Work Kaethe Weingarten, Psychologist Radhule Weininger Ph.D. Psychologist Anne Weinsoft M.D. Physician Marie Weinstein, Psychologist Lissa Weinstein Ph.D. Psychologist Rev. Edie Weinstein, Social Work Zoe Weinstein M.D. Physician Joanna Weinstock M.D. Physician Katrina Weirauch DO Physician Laura Weisberg Psychologist Lise Weisberger M.D. Physician Anat Weisenfreund, Administrator Deborah Weisinger Psy.D. Psychologist Tanya Weisman M.D. Psychiatrist Andrea Weiss Ph.D. Psychologist Howard Weiss Ph.D. Psychologist Lois Weithorn Ph.D. Psychologist Ashley S. Weitz Anna Welch MSEd Bryant Welch, Psychologist Christauria Welland, Psychologist Nicole Wellbaum, Physician Karen Welling, Social Work Risa Wells Ph.D. Psychologist Mariah Wells, Nurse Jessica Welt-Betensky Psy.D. Psychologist Amy Wenger, Nurse Carol Wenzel-Rideout Psy.D. Psychologist Marisa Werner M.D. Physician Anne Wesh Ph.D. Psychologist Elissa West LCSW-R, Social Work Druesella West LMFT Sarah West Emily West C. William Wester M.D. Physician Tammy Westergaard LMHC, Psychologist Ariel Westerman, Psychologist MarWesthead Psy.D. Psychologist Ellen Westrich Ph.D. Psychologist Karen Wexler Ph.D. Social Work Marly Wexler Susan Whedbee LCSW-R, Psychologist Rachel Wheeler M.D. Physician Elizabeth Wheeler Ph.D. Psychologist Ann Wheeler LICSW, Social Work Kathy Whelan Scott Whipple LCSW Social Work Cortnee Whipple D.C. Ray White, Forensics Katherine White Th.D. Nurse Lina White RN, Nurse Erika White Ph.D. Psychologist Amy White Darden White LPC Stefanie White M.D. Physician Tyrone White, Social Work Kaylin White Kristen White, Administrator Gary Whited, Psychologist Carolanne Whitfield Chris Whitman Chelsea Whitney MPH, Nurse Lindsay Whittington, Nurse Byron Whyte M.D. Physician Alison Whyte, Social Work Karen Wickline, Social Work Chana Widawski LMSW, Social Work Robert Widner Susie Wie M.D. Psychiatrist Gina Wiggins, Psychologist Katharine Wilcox Dayle Wild LCSW-R Social Work Rose Wilde MPH, Public Health Howard Wilinsky M.D. Psychiatrist Risa Wilkerson, Public Health Beena Wilkins, Physician Shannon Wilks LCSW, Social Work Cynthia Willard M.D. Physician Karen Willatt, Nurse Karen Willatt Dayna Willems D.V.M. Physician Monique Willett, Social Work Ingrid Willgren LMHC, Social Work Kira Williams M.D. Psychiatrist Steven Williams, Physician Jenifer Williams Ed.D. Psychologist Brie Williams, Physician Risa Williams Shenoa Williams CRNP Natalie Williams Shanna Williams, Social Work Sherril, Willis Miryam Wilson, Physician Laurie J. Wilson, Psychologist Frederic Wilson M.D. Physician Kristen Wilson, Nurse Hinda Winawer LCSW Social Work Elizabeth Winchell, Social Work M Margit Winckler Ph.D. Psychologist Jyoti Wind Rebekah Windmiller Jennifer Wineke Daniel Winetsky, Physician Anna Wing Rebecca Winkel Ph.D. Psychologist Jessica Winkels, Medical Student Taryn Winkle M.D. Physician Jon Winkle Kristin Winnor, Nurse Wendy Winograd D.S.W. Social Work Marcia Winter Ph.D. Psychologist Terry Winter Nurse Bernadette Winter-Villaluz, Social Work Randi Wirth, Psychologist Annamarie Wise MPH, Public Health Gabriel Wishik M.D. Physician Susan Siegeltuch Witkin LCSW-C, Social Work Agnieszka Witkowski M.D. Physician Renee Witlen M.D. Psychiatrist Emily Witt Kirsten Wittenborn Psy.D. Psychologist Jack Wiuse Cynthia Woelfel Ph.D. Psychologist Diana Wohler M.D. Physician Kimberly Wolf Physician Astrid Wolf-O'Hern Abigail Wolfson, Nurse Andrea Wollenberg Todd Wolynn M.D. Physician Philip Wong, Psychologist Haeinn Woo, Physician Sally Wood Ph.D. Psychologist Ashley Woodhull, Psychologist Lindsay Woodruff Tracy Woodruff Monika Woods M.D. Physician Jared Woods Alicia Woodsby, Social Work Catherine Worden M.D. Physician Jennifer Workman M.D. Physician Hilary Worthen M.D. Physician Exhibit 38, Page197 Case 3:18-cv-00428-DMS-MDD Case 1:18-cv-01458-PLF Document Document 78 13-13 Filed 06/25/18 Filed 06/26/18 PageID.1609 Page 34Page of 57203 of 259 Catherine Wraight M.D. Physician Lisa Wray M.D. Physician Darrell Wright M.D. Physician JD Wright, Psychologist Tricia Wright M.D. Physician Joe Wright, Physician Bessy Wrights, Public Health Frances Wrle LMT Wendell Wu, Physician Synphen Wu M.D. Physician Ashley Wu James Wulach Ph.D. Psychologist Marijo Wunderlich Dr.PH. Public Health Andy Wurl, Psychologist Rachel Wyner Ph.D. Psychologist Matthew Wynia M.D. Physician Stephen N. Xenakis M.D. Physician Ilya Yacevich LMFT Psychologist Carolina Yahne Ph.D. Psychologist Laura Yahr Nelson M.D. Psychiatrist Inna Yalovetskaya, Physician Stephanie Yamout, Physician Lanbo Yang Yvonne Yang, Psychiatrist Susan Yanow, Social Work Margaret Yard Ph.D. Psychologist Sarah Yasmin, Psychiatrist Joannie Yeh M.D. Physician Mary Yerkes Ph.D. Psychologist Brooke Yetter Psy.D. Psychologist Alexis Yetwin Ph.D. Psychologist Katie Yoast Rachel Yoder, Psychiatrist Eva Young Catherine Young Jackie Young LMHC Janine Young, M.D.Physician Stuart Youngner, Psychiatrist Sidra Younus M.D. Physician Aisha Yousafzai Ph.D. Public Health Albert Yu, Physician Doris Yu M.D. Physician Kate Yun, Physician Ilana Zablow, Social Work Rachel Zack Ishikawa Ph.D. Psychologist Alexandra Zagoloff, Psychologist Hengameh Zahed, Physician Sarah Zaheer M.D. Physician Nora Zaizar LPC Amy Zajakowski Uhll LCPC, Psychologist Angela Zallen M.D. Physician Ellen Zaltzberg, Public Health Tauheed Zaman M.D. Psychiatrist Moneeka Zaman M.D. Physician Milagros Zambrano-Rishel Psy.D. Psychologist Eleana Zamora M.D. Physician Anuradha Zangri Ana Luiza Zaninotto Ph.D. Psychologist Cassidy Zanko M.D. Physician Mary Zanko, Social Work Andrea Zanko Robert Zannoni Lela Zaphiropoulos LCSW, Social Work Michael Zaretsky LCSW-R, Social Work MichellZarowitz Psy.D. Psychologist Rebecca Zash M.D. Physician Lynne Zeavin Psy.D. Psychologist Miriam Zehavi, Social Work Paula Zerfoss, Social Work Sarah Zerull Heidi Zetzer Ph.D. Psychologist Judith Zevin Psy.D. Social Work Cindy Zhao , Physician Emily Zhou Elaine Zickler LCSW, Social Work Christine Zidell, Scientist Denise Zielinski Suzanne Zilber Ph.D. Psychologist Carol Zimmer Anna Zimmer, Physician Linda Zimmerman Randi Zimmerman, Social Work Ellen Zimmerman, Social Work Kathleen Zimmerman, Nurse Peter Zimmermann Ph.D. Alissa Zingman M.D. Physician Nancy Zintak, Administrator Ruth Zitner, Psychologist Kate Zona Ph.D. Psychologist Jeannine Zoppi Ph.D. Psychologist Cindy Zou Laura Zucker Amy Zuckerman LCSW-R, Social Work Lauren Zurenda Ph.D. Psychologist Fiona True, Social Work Exhibit 38, Page198 Case 3:18-cv-00428-DMS-MDD Case 1:18-cv-01458-PLF Document Document 78 13-13 Filed 06/25/18 Filed 06/26/18 PageID.1610 Page 35Page of 57204 of 259 Exhibit J Exhibit 38, Page199 Case 3:18-cv-00428-DMS-MDD Case 1:18-cv-01458-PLF Document Document 78 13-13 Filed 06/25/18 Filed 06/26/18 PageID.1611 Page 36Page of 57205 of 259 June 14, 2018 President Donald Trump The White House 1600 Pennsylvania Avenue Washington, DC 20500 Dear President Trump: On behalf of the American Psychological Association (APA), we are writing to express our deep concern and strong opposition to the Administration’s new policy of separating immigrant parents and children who are detained while crossing the border. We previously wrote to then Secretary of Homeland Security John Kelly on April 5, 2017, about this matter. Based on empirical evidence of the psychological harm that children and parents experience when separated, we implore you to reconsider this policy and commit to the more humane practice of housing families together pending immigration proceedings to protect them from further trauma. APA is the leading scientific and professional organization representing psychology in the United States. Our membership includes researchers, educators, clinicians, consultants, and students. APA works to advance the creation, communication, and application of psychological knowledge to benefit society and improve people’s lives. We have 115,700 members and affiliates across the United States and in many other countries, many of whom serve immigrant youth and adults in a wide range of settings, including schools, community centers, hospitals and refugee resettlement centers. The current policy calls for children to be removed from their parents and placed for an often indeterminate period of time in the custody of the Office of Refugee Resettlement. Decades of psychological research have determined that it is in the best interest of the child and the family to keep families together. Families fleeing their homes to seek sanctuary in the United States are already under a tremendous amount of stress. 1 Sudden and unexpected family separation, such as separating families at the border, can add to that stress, leading to emotional trauma in children. 2 Research also suggests that the longer that parents and children are separated, the greater the reported symptoms of anxiety and depression are for children. 3 Adverse childhood experiences, such as parentChaudry, A. (2011). Children in the aftermath of immigration enforcement. The Journal of the History of Childhood and Youth, 4 (1), 137-154. 2 Dreby, J. (2012). The burden of deportation on children in Mexican immigrant families. Journal of Marriage and Family,74, 829-845. Doi:10.1111/j.1741-3737.2012.00989x 3 Suárez-Orozco, C., Bang, H.J. & Kim, H.Y (2010). I felt like my heart was staying behind: Psychological implications of family separations and reunifications for immigrant youth. Journal of Adolescent Research 26(2), 222-257. 1 Exhibit 38, Page200 Case 3:18-cv-00428-DMS-MDD Case 1:18-cv-01458-PLF Document Document 78 13-13 Filed 06/25/18 Filed 06/26/18 PageID.1612 Page 37Page of 57206 of 259 child separation, are important social determinants of mental disorders. For children, traumatic events can lead to the development of post-traumatic stress disorder and other mental health disorders that can cause long lasting effects. 4 Furthermore, immigration policies, such as separating families at the border, can also adversely impact those immigrants who are already in the United States. They can suffer from feelings of stigmatization, social exclusion, anger, and hopelessness, as well as fear for the future. 5 As a tragic example of the current policy’s serious potential for harm, a Honduran man who was separated from his wife and 3-year-old son after he crossed the border into Texas recently took his own life while detained in a holding cell, according to the Customs and Border Protection officials, public records, and media reports. 6 There are also reports of detained immigrants foregoing legitimate claims for asylum by pleading guilty to expedite the return of their separated children and reports of parents being deported while their children, including infants, remain in custody. These incidents serve to highlight the mental health crisis for many families caused by the Administration’s policy. Given these considerations, a change in immigration policy regarding the detention of immigrant families at the border is desperately needed – from separating parents and children to housing them together and providing needed physical and mental health services. As psychologists, we have documented multiple harmful effects of parent-child separation on children’s emotional and psychological development and well-being and urge that the current policy of family separation be reversed. Should you have any questions regarding these comments, please contact Serena Dávila, J.D., with our Public Interest Directorate at sdavila@apa.org or 202-336-6061. Sincerely, Jessica Henderson Daniel, Ph.D., ABPP President cc: Arthur C. Evans, Jr., Ph. D. Chief Executive Officer U.S. Attorney General Jeff Sessions U.S. Secretary of Homeland Security Kirstjen Nielsen 4 Rojas-Flores, L., Clements, M., Koo, J. London, J. (2017). Trauma and Psychological Distress in Latino Citizen Children Following Parental Detention and Deportation. Psychological Trauma: Theory, Research, Practice, and Policy, Vol 9, No. 3, 352. 5 Suárez-Orozco, C., (2017). Conferring Disadvantage: Behavioral and Developmental Implications for Children Growing up in the Shadow of Undocumented Immigration Status. Wolters Kluwer Health, Inc., 426. 6 Mays J. & Stevens M. (2018, June 10). Honduran Man Kills Himself After Being Separated From Family at U.S. Border, Reports Say. The New York Times. Retrieved from https://www.nytimes.com/2018/06/10/us/border-patrol-texas-family-separated-suicide.html. Exhibit 38, Page201 Case 3:18-cv-00428-DMS-MDD Case 1:18-cv-01458-PLF Document Document 78 13-13 Filed 06/25/18 Filed 06/26/18 PageID.1613 Page 38Page of 57207 of 259 Exhibit K Exhibit 38, Page202 Case 3:18-cv-00428-DMS-MDD Case 1:18-cv-01458-PLF Document Document 78 13-13 Filed 06/25/18 Filed 06/26/18 PageID.1614 Page 39Page of 57208 of 259 June 19, 2018 The Honorable Kirstjen M. Nielsen Secretary of Homeland Security 3801 Nebraska Avenue, NW Washington, DC 20528 The Honorable Jefferson B. Sessions, III Attorney General of the United States U.S. Department of Justice 950 Pennsylvania Avenue, NW Washington, DC 20530 The Honorable Alex M. Azar, II Secretary U.S. Department of Health & Human Services Hubert H. Humphrey Building 200 Independence Avenue, SW Washington, DC 20201 Dear Secretary Nielsen, Secretary Azar, and Attorney General Sessions: On behalf of the physician and medical student members of the American Medical Association (AMA), I am writing to strongly urge the federal government to withdraw its “zero tolerance” policy that requires the separation of migrating children from their parents or caregivers. Instead, we urge the Administration to give priority to supporting families and protecting the health and well-being of the children within those families. The Administration’s “zero tolerance” policy was a topic recently discussed at the AMA’s Annual Meeting, which includes delegates representing over 170 state and national medical specialty societies. During this meeting we heard from delegates that the Administration’s policy will do great harm to children and their parents or caregivers, who felt compelled to make a dangerous and uncertain journey because of safety concerns in their own countries. Families seeking refuge in the U.S. already endure emotional and physical stress, which is only exacerbated when they are separated from one another. It is well known that childhood trauma and adverse childhood experiences created by inhumane treatment often create negative health impacts that can last an individual’s entire lifespan. Therefore, the AMA believes strongly that, in the absence of immediate physical or emotional threats to the child’s well-being, migrating children should not be separated from their parents or caregivers. We urge you to take prompt action on this matter. Sincerely, James L. Madara, MD cc: Office of Refugee Resettlement, U.S. Department of Health & Human Services Exhibit 38, Page203 Case 3:18-cv-00428-DMS-MDD Case 1:18-cv-01458-PLF Document Document 78 13-13 Filed 06/25/18 Filed 06/26/18 PageID.1615 Page 40Page of 57209 of 259 Exhibit L Exhibit 38, Page204 6/24/2018 Case ACP Objects toDocument Separation of Children from their Parents06/26/18 at Border ACP Newsroom of ACP 3:18-cv-00428-DMS-MDD Case 1:18-cv-01458-PLF Document 78 13-13 Filed 06/25/18 Filed PageID.1616 Page 41Page 57210 of 259 HOME  ACP NEWSROOM  ACP OBJECTS TO SEPARATION OF CHILDREN FROM THEIR PARENTS AT BORDER ACP Objects to Separation of Children from their Parents at Border Statement attributable to: Ana María López, MD, MPH, FACP President, American College of Physicians Washington, DC (May 31, 2018)—The American College of Physicians strongly objects to the Department of Homeland Security’s “zero tolerance ” policy that requires that all unlawful border crossers be referred to the Department of Justice for prosecution as a misdemeanor of illegal entry, including parents seeking asylum from persecution who enter the U.S. with their children. Their children will be treated as if they were “unaccompanied minors,” separated from their parents and sent into facilities administered by the federal government. In a 2017 position statement  on U.S. immigration policy, ACP expressed our concern about immigration policies that would split up families. While ACP policy recognizes the right of the U.S. to control who enters its borders, a policy of universally separating children from their parents entering U.S. borders will do great harm to children, their parents, and their families. Childhood trauma and adverse childhood experiences create negative health impacts  that will last an individual’s entire lifespan. Separating a child from his or her parents triggers a level of stress consistent with trauma. Families seeking refuge in the U.S. already endure emotional and physical stress, and separating family members from each other only serves to dramatically exacerbate that stress. The American College of Physicians calls on the Department of Homeland Security, Attorney General Sessions, and President Trump to withdraw its new policy to require separation of children from their parents, and instead, give priority to supporting families and protecting the health and well-being of the children within those families. *** About the American College of Physicians The American College of Physicians is the largest medical specialty organization in the United States with members in more than 145 countries worldwide. ACP membership includes 152,000 internal medicine physicians (internists), related subspecialists, and medical students. Internal medicine physicians are specialists https://www.acponline.org/acp-newsroom/acp-objects-to-separation-of-children-from-their-parents-at-border Exhibit 38, Page205 1/2 6/24/2018 Case ACP Objects toDocument Separation of Children from their Parents06/26/18 at Border ACP Newsroom of ACP 3:18-cv-00428-DMS-MDD Case 1:18-cv-01458-PLF Document 78 13-13 Filed 06/25/18 Filed PageID.1617 Page 42Page 57211 of 259 who apply scientific knowledge and clinical expertise to the diagnosis, treatment, and compassionate care of adults across the spectrum from health to complex illness. Follow ACP on Twitter  and Facebook . https://www.acponline.org/acp-newsroom/acp-objects-to-separation-of-children-from-their-parents-at-border Exhibit 38, Page206 2/2 Case 3:18-cv-00428-DMS-MDD Case 1:18-cv-01458-PLF Document Document 78 13-13 Filed 06/25/18 Filed 06/26/18 PageID.1618 Page 43Page of 57212 of 259 Exhibit M Exhibit 38, Page207 6/24/2018 Case NewsDocument Releases 78 American College of Emergency Physicians 3:18-cv-00428-DMS-MDD Case 1:18-cv-01458-PLF Document 13-13 Filed 06/25/18 Filed 06/26/18 PageID.1619 Page 44Page of 57213 of 259 (http://www.acep.org/) Search Newsroom Search  (http://newsroom.acep.org/newsroom_home) News Releases (http://newsroom.acep.org/news_releases) ACEP In the News (http://newsroom.acep.org/in-the-news) Multimedia (image_gallery) Resources (http://newsroom.acep.org/resources) Social Media (http://newsroom.acep.org/acep_social_media) Contact Us (http://newsroom.acep.org/contact_us) ACEP Opposes Current DHS “Zero Tolerance” Immigration Policy Jun 19, 2018 WASHINGTON — In response to a Department of Homeland Security (DHS) “zero tolerance” policy for addressing illegal border crossings in the Southern United States, Paul Kivela, MD, FACEP, president of the American College of Emergency Physicians (ACEP) released the following statement opposing the federal policy: “ACEP recognizes the right of the United States to regulate immigration and secure its borders, but as emergency physicians, a policy of separating children and parents suspected of entering the U.S. illegally is cruel and will do great harm to the children. “These separations result in signi cant health risks for both children and their parents.  Children without criminal records or increased security concerns whose parents seek haven in the United States should never be placed in detention facilities. “We join other professional medical organizations in opposing this current policy and call on the federal government to immediately change course regarding separation of immigrant families with children, and instead, give priority to protecting the health and well-being of the vulnerable http://newsroom.acep.org/2018-06-19-ACEP-Opposes-Current-DHS-Zero-Tolerance-Immigration-Policy Exhibit 38, Page208 1/2 6/24/2018 Case NewsDocument Releases 78 American College of Emergency Physicians 3:18-cv-00428-DMS-MDD Case 1:18-cv-01458-PLF Document 13-13 Filed 06/25/18 Filed 06/26/18 PageID.1620 Page 45Page of 57214 of 259 children within these families.”      ACEP is the national medical specialty society representing emergency medicine. ACEP is committed to advancing  emergency care through continuing education, research and public education. Headquartered in Dallas, Texas, ACEP  has 53 chapters representing each state, as well as Puerto Rico and the District of Columbia. A Government Services Chapter represents emergency physicians employed by military branches and other government agencies.  For further information: Mike Baldyga 202-370-9288 mbaldyga@acep.org newsroom.acep.org Annals of Emergency Medicine (http://www.annemergmed.com/) EMAF Website (http://www.acep.org/emactionfund/) ACEP Policy Statements (http://www.acep.org/policystatements/) ACEP Now (http://www.acepnow.com/) ACEP State Chapters (http://www.acep.org/chapters/) Letters to CMS (http://www.acep.org/regulatory/) About ACEP (http://www.acep.org/aboutus/about/) Events (http://www.acep.org/meetings-events/) http://newsroom.acep.org/2018-06-19-ACEP-Opposes-Current-DHS-Zero-Tolerance-Immigration-Policy Exhibit 38, Page209 2/2 Case 3:18-cv-00428-DMS-MDD Case 1:18-cv-01458-PLF Document Document 78 13-13 Filed 06/25/18 Filed 06/26/18 PageID.1621 Page 46Page of 57215 of 259 Exhibit N Exhibit 38, Page210 6/24/2018 Case APA Statement Opposing Children06/26/18 from PageID.1622 Parents atPage the Border 3:18-cv-00428-DMS-MDD Case 1:18-cv-01458-PLF Document Document 78Separation 13-13 Filed of06/25/18 Filed 47Page of 57216 of 259  News Releases May 30, 2018 APA Statement Opposing Separation of Children from Parents at the Border WASHINGTON, D.C. — The American Psychiatric Association issued the following statement from President Altha Stewart, M.D.: "As physician experts in mental health, the American Psychiatric Association opposes any policy that separates children from their parents at the United States border. Children depend on their parents for safety and support. Any forced separation is highly stressful for children and can cause lifelong trauma, as well as an increased risk of other mental illnesses, such as depression, anxiety, and posttraumatic stress disorder (PTSD). The evidence is clear that this level of trauma also results in serious medical and health consequences for these children and their caregivers. Many families crossing the United States border are fleeing war and violence in their home countries and are already coping with the effects of stress and trauma. These children deserve our protection and should remain with their families as they seek asylum. The APA recommends an immediate halt to the policy of separating children from their parents." American Psychiatric Association The American Psychiatric Association, founded in 1844, is the oldest medical association in the country. The APA is also the largest psychiatric association in the world with more than 37,800 physician members specializing in the diagnosis, treatment, prevention and research of mental illnesses. APA's vision is to ensure access to quality psychiatric diagnosis and treatment. For more information please visit www.psychiatry.org. Media Contacts Glenn O'Neal, 202-459-9732 press@psych.org Exhibit 38, Page211 https://www.psychiatry.org/newsroom/news-releases/apa-statement-opposing-separation-of-children-from-parents-at-the-border 1/2 6/24/2018 Case APA Statement Opposing Children06/26/18 from PageID.1623 Parents atPage the Border 3:18-cv-00428-DMS-MDD Case 1:18-cv-01458-PLF Document Document 78Separation 13-13 Filed of06/25/18 Filed 48Page of 57217 of 259 Erin Connors, 202-609-7113 econnors@psych.org · Terms of Use and Privacy Policy · Copyright · Contact © 2018 American Psychiatric Association. All Rights Reserved. 800 Maine Avenue, S.W., Suite 900, Washington, DC 20024  202-559-3900 ✉ apa@psych.org Exhibit 38, Page212 https://www.psychiatry.org/newsroom/news-releases/apa-statement-opposing-separation-of-children-from-parents-at-the-border 2/2 Case 3:18-cv-00428-DMS-MDD Case 1:18-cv-01458-PLF Document Document 78 13-13 Filed 06/25/18 Filed 06/26/18 PageID.1624 Page 49Page of 57218 of 259 Exhibit O Exhibit 38, Page213 6/25/2018 Case AAP Statement Opposing of Filed Children06/26/18 and PageID.1625 Parents at Page the Border 3:18-cv-00428-DMS-MDD Case 1:18-cv-01458-PLF Document Document 78Separation 13-13 Filed 06/25/18 50Page of 57219 of 259 Early Career Pediatric Trainees Medical Students International HealthyChildren.org Become a Member Log In Professional Resources Professional Education Advocacy & Policy shopAAP About the AAP Search... AAP.org > English > About the AAP > News Room > AAP Statement Opposing Separation of Children and Parents at the Border AAP Facts Committees, Councils & Sections Chapters & Districts News Room News Releases Health & Safety Tips AAP in the News AAP Press Room Media Center AAP Conferences Press Information Media Kits Embargoed Media Content Social Media Toolkit Donate Now Corporate Relationships Advertise with AAP Help/Feedback a a a print email share Exhibit 38, Page214 https://www.aap.org/en-us/about-the-aap/aap-press-room/Pages/StatementOpposingSeparationofChildrenandParents.aspx 1/3 6/25/2018 Case AAP Statement Opposing of Filed Children06/26/18 and PageID.1626 Parents at Page the Border 3:18-cv-00428-DMS-MDD Case 1:18-cv-01458-PLF Document Document 78Separation 13-13 Filed 06/25/18 51Page of 57220 of 259 AAP Statement Opposing Separation of Children and Parents at the Border 5/8/2018 by: Colleen Kraft, MD, MBA, FAAP, President, American Academy of Pediatrics “As a pediatrician, as a parent, as the president of the American Academy of Pediatrics (AAP), I am appalled by a new policy reportedly signed by Department of Homeland Security that will forcibly separate children from their parents, a practice that this Administration has already been carrying out for months. In fact, during my recent trip to the border, I saw its impact with my own eyes, and I am not alone in my outrage and dismay at its sweeping cruelty. The AAP is opposed to this policy and will continue to urge the Department of Homeland Security and the Department of Justice to reverse it immediately. “So many of these parents are fleeing for their lives. So many of these children know no other adult than the parent who brought them here. They can be as young as infants and toddlers. “Separating children from their parents contradicts everything we stand for as pediatricians – protecting and promoting children’s health. In fact, highly stressful experiences, like family separation, can cause irreparable harm, disrupting a child's brain architecture and affecting his or her short- and long-term health. This type of prolonged exposure to serious stress known as toxic stress - can carry lifelong consequences for children. “The new policy is the latest example of harmful actions by the Department of Homeland Security against immigrant families, hindering their right to seek asylum in our country and denying parents the right to remain with their children. We can and must do better for these families. We can and must remember that immigrant children are still children; they need our protection, not prosecution.” ### The American Academy of Pediatrics is an organization of 66,000 primary care pediatricians, pediatric medical subspecialists and pediatric surgical specialists dedicated to the health, safety and well-being of infants, children, adolescents and young adults. For more information, visit www.aap.org and follow us on Twitter @AmerAcadPeds. Professional Resources Practice Transformation Clinical Support Quality Improvement AAP Policy Research Journals & Publications Webinars Pediatrics as a Profession National Conference & Exhibition (NCE) Professional Education PediaLink/Online Education Maintenance of Certification Professional Education Publications Education in Quality Improvement for Pediatric Practice (EQIPP) Life Support Programs Exhibit 38, Page215 https://www.aap.org/en-us/about-the-aap/aap-press-room/Pages/StatementOpposingSeparationofChildrenandParents.aspx 2/3 6/25/2018 Case AAP Statement Opposing of Filed Children06/26/18 and PageID.1627 Parents at Page the Border 3:18-cv-00428-DMS-MDD Case 1:18-cv-01458-PLF Document Document 78Separation 13-13 Filed 06/25/18 52Page of 57221 of 259 Live Activities National Conference & Exhibition (NCE) Advocacy & Policy AAP Policy Federal Advocacy State Advocacy Community Advocacy AAP Health Initiatives shopAAP Access My Account Renew Membership Purchase Books & eBooks Subscribe to Journals & Periodicals Patient Education Point-of-Care Solutions PREP Self Assessments Register for Live Activities Register for Online Courses About the AAP AAP Leadership AAP Facts Get Involved Committees, Councils & Sections Chapters & Districts News Room Donate Now Employment at AAP Advertise with AAP Corporate Relationships Help/Feedback Digital Transformation Initiative Privacy Statement Contact Us Terms of Use Support Center ©Copyright 2018 American Academy of Pediatrics. All rights reserved. Exhibit 38, Page216 https://www.aap.org/en-us/about-the-aap/aap-press-room/Pages/StatementOpposingSeparationofChildrenandParents.aspx 3/3 Case 3:18-cv-00428-DMS-MDD Case 1:18-cv-01458-PLF Document Document 78 13-13 Filed 06/25/18 Filed 06/26/18 PageID.1628 Page 53Page of 57222 of 259 Exhibit P Exhibit 38, Page217 6/24/2018 Case Separating parents Document and children at US is inhumane setsPageID.1629 the stagePage for a public health crisis 3:18-cv-00428-DMS-MDD Case 1:18-cv-01458-PLF Document 78border 13-13 Filed 06/25/18 Filedand06/26/18 54Page of 57 223 of 259 APHA > News & Media > News Releases > APHA News Releases > Parent child separation TFAH statement Separating parents and children at US border is inhumane and sets the stage for a public health crisis Date: Jun 15 2018 APHA Contact: Megan Lowry, 202-777-3913  TFAH Contact: Becky Salay, 202-864-5945 Statement from the American Public Health Association and Trust for America’s Health      Become a Member > Donate Now > Newsletter sign up > Washington, D.C., June 15, 2018 — "The Trump administration’s policy of separating parents and children at the U.S.-Mexico border will have a dire impact on their health, both now and into the future.  "As public health professionals we know that children living without their parents face immediate and long-term health consequences. Risks include the acute mental trauma of separation, the loss of critical health information that only parents would know about their children’s health status, and in the case of breastfeeding children, the signi cant loss of maternal child bonding essential for normal development. Parents’ health would also be affected by this unjust separation. "More alarming is the interruption of these children’s chance at achieving a stable childhood. Decades of public health research have shown that family structure, stability and environment are key social determinants of a child’s and a community’s health. "Furthermore, this practice places children at heightened risk of experiencing adverse childhood events and trauma, which research has de nitively linked to poorer long-term health. Negative outcomes associated with adverse childhood events include some of society’s most intractable health issues: alcoholism, substance misuse, depression, suicide, poor physical health and obesity. "There is no law requiring the separation of parents and children at the border. This policy violates fundamental human rights. We urge the administration to immediately stop the practice of separating immigrant children and parents and ensure those who have been separated are rapidly reunited, to ensure the health and well-being of these children.” ### APHA champions the health of all people and all communities. We strengthen the public health profession. We speak out for public health issues and policies backed by science. We are the only organization that in uences federal policy, has a nearly 150-year perspective and brings together members from all elds of public health. Visit us at www.apha.org.   2018 © American Public Health Association https://www.apha.org/news-and-media/news-releases/apha-news-releases/2018/parent-child-separation Exhibit 38, Page218 1/1 Case 3:18-cv-00428-DMS-MDD Case 1:18-cv-01458-PLF Document Document 78 13-13 Filed 06/25/18 Filed 06/26/18 PageID.1630 Page 55Page of 57224 of 259 Exhibit Q Exhibit 38, Page219 6/24/2018 Case Statement on Harmful Consequences Separating Families at thePage U.S. Border 3:18-cv-00428-DMS-MDD Case 1:18-cv-01458-PLF Document Document 78 13-13 Filedof06/25/18 Filed 06/26/18 PageID.1631 56Page of 57225 of 259 70 7 June 20, 2018 Statement on Harmful Consequences of Separating Families at the U.S. Border We urge the U.S. Department of Homeland Security to immediately stop separating migrant children from their families, based on the body of scientific evidence that underscores the potential for lifelong, harmful consequences for these children and based on human rights considerations. Reports from the National Academies of Sciences, Engineering, and Medicine contain an extensive body of evidence on the factors that affect the welfare of children – evidence that points to the danger of current immigration enforcement actions that separate children from their parents. Research indicates that these family separations jeopardize the short- and long-term health and well-being of the children involved. In addition, the Committee on Human Rights (http://www7.nationalacademies.org/humanrights/) of the National Academies, which has a long history of addressing issues at the intersection of human rights, science, and health, stresses that the practice of separating parents from their children at the border is inconsistent with U.S. obligations under the International Covenant on Civil and Political Rights. Parents’ impact on their children’s well-being may never be greater than during the earliest years of life, when a child’s brain is developing rapidly and when nearly all of her or his experiences are shaped by parents and the family environment (NASEM, 2016, p. 1 (https://www.nap.edu/read/21868/chapter/2)). Young children who are separated from their primary caregivers may potentially suffer mental health disorders and other adverse outcomes over the course of their lives (NASEM, 2016, p. 21-22 (https://www.nap.edu/read/21868/chapter/3#21)). Child development involves complex interactions among genetic, biological, psychological, and social processes (NRC and IOM, 2009, p. 74 (https://www.nap.edu/read/12480/chapter/7#74)), and a disruption in any of these – such as family disruption – hinders healthy development and increases the risk for future disorders (NRC and IOM, 2009, p.102-104 (https://www.nap.edu/read/12480/chapter/7#102)). Young children are capable of deep and lasting sadness, grief, and disorganization in response to trauma and loss (NRC and IOM, 2000, p. 387 (https://www.nap.edu/read/9824/chapter/20#387)). Indeed, most mental, emotional, and behavioral disorders have their roots in childhood and adolescence (NRC and IOM, 2009, p. 1 (https://www.nap.edu/read/12480/chapter/2)), and childhood trauma has emerged as a strong risk factor for later suicidal behavior (IOM, 2002, p. 3 (https://www.nap.edu/read/10398/chapter/2#3)). Decades of research have demonstrated that the parent-child relationship and the family environment are at the Exhibit 38, Page220 http://www8.nationalacademies.org/onpinews/newsitem.aspx?RecordID=06202018&_ga=2.158375806.559449867.1529328563-861433489.1524492… 1/3 6/24/2018 Case Statement on Harmful Consequences Separating Families at thePage U.S. Border 3:18-cv-00428-DMS-MDD Case 1:18-cv-01458-PLF Document Document 78 13-13 Filedof06/25/18 Filed 06/26/18 PageID.1632 57Page of 57226 of 259 foundation of children’s well-being and healthy development. We call upon the Department of Homeland Security to stop family separations immediately based on this evidence. Marcia McNutt President, National Academy of Sciences C. D. Mote, Jr. President, National Academy of Engineering Victor J. Dzau President, National Academy of Medicine Parenting Matters: Supporting Parents of Children Ages 0-8 (https://www.nap.edu/catalog/21868/parentingmatters-supporting-parents-of-children-ages-0-8) (2016) Preventing Mental, Emotional, and Behavioral Disorders Among Young People: Progress and Possibilities (https://www.nap.edu/catalog/12480/preventing-mental-emotional-and-behavioral-disorders-among-youngpeople-progress) (2009) Psychosocial Concepts in Humanitarian Work with Children: A Review of the Concepts and Related Literature (https://www.nap.edu/catalog/10698/psychosocial-concepts-in-humanitarian-work-with-children-areview-of) (2003) Reducing Suicide: A National Imperative (https://www.nap.edu/catalog/10398/reducing-suicide-a-nationalimperative) (2002) Early Childhood Development and Learning: New Knowledge for Policy (https://www.nap.edu/catalog/10067/early-childhood-development-and-learning-new-knowledge-for-policy) (2001) From Neurons to Neighborhoods: The Science of Early Childhood Development (https://www.nap.edu/catalog/9824/from-neurons-to-neighborhoods-the-science-of-early-childhooddevelopment) (2000) Contact: Jennifer Walsh, Director of Media Relations Office of News and Public Information 202-334-2138; e-mail news@nas.edu (mailto:news@nas.edu)Social Media: Follow us on Twitter: @theNASEM (https://twitter.com/theNASEM) Follow us on Instagram: @theNASEM (https://www.instagram.com/thenasem/)Follow The National Academies of Sciences, Engineering, us on Facebook: and Medicine @NationalAcademies (http://www.facebook.com/NationalAcademies) 500 Fifth Street, NW Washington, DC 20001 T. 202.334.2000 Privacy Statement (http://www.nationalacademies.org/legal/privacy/index.html) DMCA Policy (http://www.nationalacademies.org/legal/policy/index.html) Terms of Use (http://www.nationalacademies.org/legal/terms/index.html) Site Map (http://www.nationalacademies.org/sitemap/index.html) Copyright © 2017 National Academy of Sciences. All rights reserved. Follow Us: (http://www.nationalacademies.org/rss/index.html) Exhibit 38, Page221 http://www8.nationalacademies.org/onpinews/newsitem.aspx?RecordID=06202018&_ga=2.158375806.559449867.1529328563-861433489.1524492… 2/3 1 of 17 Case 1:18-cv-01458-PLF Document 13-14 Filed 06/26/18 Page 1 of 11 White House chief of staff John Kelly is pictured at President Trump's Mar-a-Lago resort in Palm Beach, Fla., last month. Mandel Ngan/AFP/Getty Images Editor's note: This post contains language some may find offensive. NPR's Southwest correspondent John Burnett speaks with White House chief of staff John Kelly. Here's a partial transcript of their conversation, which has been edited for clarity. Burnett started by talking with Kelly about how much time he spends with President Trump: John Kelly: I do spend a huge amount of time with him. Now, less so today. When I when I got here there was a lot of work to be done organizational work to be done. So I spent every minute with him. But that was to train the staff as to how to interact with 6/23/2018, 2:48 PM 2 of 17 Case 1:18-cv-01458-PLF Document 13-14 Filed 06/26/18 Page 2 of 11 the president because it was that needed to be done and to organize how people interact with the president in the Oval Office. John Burnett: So how many hours a day would you figure? I don't know, seven or eight. Wow, OK. Five, six, seven, eight. What do you do to start your day? The minute I start, I start. I mean it's work. I leave the house. We live, we moved to a house in Manassas, which was the house that we would live in I'd never work another day when I retired from the Marine Corps. So it's about a 40-minute drive. I get driven in by the Secret Service. I get my fair amount of threats. But anyway. So when I get in the car at 5:30 I have to read, basically cover-to-cover, The New York Times, The Washington Post, the CNN website, the FOX News website, Politico and a website I never read before until I got this job: Breitbart. So, you know, to get that end of the political spectrum. So that's from 5:30 and I get home at 8, 8:30 or later. OK. What do you what do you drink when you get home? Wine usually. Unless my wife's in California, which she is now, and you know I hit the hard stuff. What kind of wine? Cheap red wine. So what's harder — commanding Marines in a combat zone in Iraq or bringing order to the Trump White House? 6/23/2018, 2:48 PM 3 of 17 Case 1:18-cv-01458-PLF Document 13-14 Filed 06/26/18 Page 3 of 11 Working in the White House is the hardest thing I've ever done in my life, bar none. Talk about that. Well, first, with all due respect to people like yourselves, I was not ready for the press that covers a White House. All of my time, and you remember it a little bit, I think, we were pretty good to you guys. We had a good team effort going in the field. When I was working in the Pentagon at a higher level, senior level the Pentagon press corps were really good to work with. I mean they, they seldom wrote or did the story you wanted to read, naturally, but they were really professional in trying to get the accurate aspect of every story. It wasn't personal. It was pretty professional. And I still call some of them ... good acquaintances. This is vastly different. This is — it's personal, it's vicious. ... I did my first off the record — that was immediately violated. But after about six weeks in a job one of the reporters said to me, "Look you were our worst nightmare. This place was a clown show before you showed up. We didn't think this president would last a year [or] 18 months. Now that you're here, there's order to the place. The leaks all but went away. So, sorry but you got to go." So here I am, sitting, still here. With your background valuing chain of command and military discipline, do you feel like you've brought some discipline and integrity to this inner circle? They overstate that, press covers that a lot. Again, I don't mean to be too hard on the press but they — I know everything. Right? And so when I read the press accounts of what's going on here, I say, "gee, how could they have gotten that that wrong?" So I think the press, and maybe it's because only certain people talk and those people maybe leak or are sources — and maybe those people aren't as honorable as they should be. But when I read what they write, I think to myself they may have had some low-level source and that's — and to write a story like that — whatever "that" is for a major newspaper like the Post or the Times -- to base it on almost rumor strikes me as being a little bit — not the way to do business. There's been some reporting about some derogatory words that you use to describe the president. I know you've denied it. How would you describe 6/23/2018, 2:48 PM 4 of 17 Case 1:18-cv-01458-PLF Document 13-14 Filed 06/26/18 Page 4 of 11 your relationship with Donald Trump? The president and I have a very close relationship. I've always — my view is to speak truth to power. I always give my opinion, on everything. Sometimes — he always listens. Sometimes he takes the opinion, sometimes he doesn't. The good thing about the president is he does listen to people and when I — the organization I brought to the place is whatever the topic is, generally speaking, we will have a group in there of very — a spectrum. So if it's taxes, you'll have someone who thinks you know very liberally about taxes and someone who's on the arch-conservative side and then a sprinkling of everyone in the middle. And then there's a discussion and generally if there's a decision to be made then I help execute that. So we have a very close relationship in the sense of – I'm his chief of staff and I tell him what I think is always the truth is and whether he goes along with my recommendations is another story. How would you describe his intellect? Very smart – a very, very smart guy. I mean a super smart guy. But I think it wouldn't surprise you to know he's very strong. He's very strong in terms of trade, taxes, business and he's a quick study on everything else. He's a pretty bright guy. So do you have any regrets about taking this job nine months ago? You know, there have been reports that you're considering leaving. First of all, I didn't get a vote. Took $30,000 a year cut to take this job from what I was doing at DHS and I say that only because I'm one of the probably the few people around here that isn't really rich, at my age anyways. You know, the sense of duty. It was clear from my perch at DHS that the White House was less organized than our president deserved. So when he said, "I really need you to come down, what do you say?" I came down. You seriously considered leaving? No. I mean there's times of great frustration, mostly because of the stories I've read about myself or others that I think the world of which is just about everyone that works at the complex. You wonder if it's worth it to be subjected to that. But then I grow up and suck it up. 6/23/2018, 2:48 PM 5 of 17 Case 1:18-cv-01458-PLF Document 13-14 Filed 06/26/18 Page 5 of 11 Do the president's inaccurate statements; everything from the number of people he believes voted illegally, to the size of the inauguration crowd, or to the payments to the lawyer regarding Stormy Daniels — do inaccurate statements make your job harder? You know, I'm not so sure they're inaccurate. I wasn't here for the for the first two examples. One of the things we've all done here we have to do here, John, in terms of these outside accusations — we've had to really build a firewall between the White House staff that works for the president of the United States and the personal legal staff that works for Donald Trump. And that comes together in one individual here that works at the White House. But, like, Sarah Sanders when she's asked a question and she says, "I don't know, ask Rudy Giuliani," she's not punting it. She... we all work very hard not to know the issues related to Donald J. Trump. We work very, very hard to master the issues related to the president of United States. Are there things that you wish you personally had done differently in this job? In retrospect, I wish I had been here from Day 1. How so? Well because that's six months, I think in some cases in terms of staffing or serving the president that first six months was pretty chaotic and there were people — some people hired that maybe shouldn't have hired some people that were — it was just, I wish I'd been here from the beginning because I could have brought the organization from, you know, from Day 1 as opposed to — Now it's not that things were a disaster for that six months, but I believe they could have been better. The president keeps calling the Russian investigation a witch hunt, do you do you think it is? Do you think it's a witch hunt against the president? From what I read in the newspaper, because I have no knowledge — as I say, I've built a firewall. From what I read and observe in the news media — something that has gone on this long without any real meat on the bone, it suggests to me that there is nothing there, relative to our president. 6/23/2018, 2:48 PM 6 of 17 Case 1:18-cv-01458-PLF Document 13-14 Filed 06/26/18 Page 6 of 11 Is there a cloud hanging over this White House? Well yeah, you know, there may not be a cloud but certainly the president is you know somewhat embarrassed, frankly. When world leaders come in - it's kind of like you know Bibi Netanyahu is here — who's under investigation himself — and it's like, you know, you walk in and you know the first couple of minutes of every conversation might revolve around that kind of thing. What kind of thing? Well, it's a distraction. The Russia investigation? Or whatever. It's just a distraction for him. He has, you know, he has said this himself in the press or publicly that he really wants to reach out and have a good relationship with say Russia in the same way the head does with Xi from China. And hopefully Kim from North Korea. But he's but he's a little hesitant to do that right now because of what you say is a cloud. Regarding the Iran nuclear deal. You served as special assistant to the Supreme Allied Commander in Europe and at U.S. Southern Command with responsibility over Latin America. You understand the importance of working with U.S. allies. Are you concerned we're going to lose our trust because of pulling out of the Iran deal? I don't think so. I mean it was a horrible deal. The best deal someone thought they could get. Horrible deal. What's Step 2 now that we pulled out? What is the new deal? Re-establishing, not re-establishing, but ensuring that a country that has been has been very unreliable in their claims about not ever having a nuclear program etc. doesn't get a nuclear program. And in a country that is developing [intercontinental ballistic missiles] ... the rational man and woman can't quite understand why he'd need an ICBM that could reach Europe or the United States. It's the same kind of point that he's making to Kim — why do you need nuclear weapons? Why do you need an 6/23/2018, 2:48 PM 7 of 17 Case 1:18-cv-01458-PLF Document 13-14 Filed 06/26/18 Page 7 of 11 ICBM that can hit the United States? We have no intention of invading you. Work this thing out with your brothers and sisters to the south. So, the Europeans are decided to stay in. And I think we'll help them improve on the [agreement] that they have with Iran. Regarding the upcoming summit with Kim. How can you be sure that he's not going to trick you? We've been down this road so many times before and there have been disappointments with that country. Not sure, but this president's got his eyes wide open. There is, he really — believe me – the president really wants this to work. We talk fairly frequently about nuclear weapons and he's just astounded that the United States that the human race could have gotten itself into this dilemma with all of these nuclear weapons. As he says, to help North Korea see the light, give up its nuclear program and its missile program would be a wonderful thing. But, as he said, hopefully it'll work out maybe it won't. But I don't think he'll fall for it in the same way. I know he won't fall for it in the same way that past presidents have - that get strung along, strung along, lift the sanctions, give them money and get nothing for it. Finally, to immigration. You were only at DHS for about six months. But you had a consequential time there. Aggressive enforcement was begun right after the president came into office. Are you still interested in border security and immigration from your perch here? Yeah, I mean it's not something I think about as much as when I was at DHS. But you know when I was at DHS, I certainly carried the same point of view and that is we have immigration laws. We have border protection laws that are simply ignored or have been ignored. One of the things that we did at my first day at DHS we just said to the men and women of ICE and the men and women of CBP — Customs and Border Protection; just go to your job, and do it legally do it humanely. But go do your job. That, combined frankly, with Mr. Trump coming in — his campaign promises and whatnot — the immigration fell off dramatically. Mostly because people are not willing to take the chance of spending a huge amount of money to them – $6,000, $12,000, $15,000 — 6/23/2018, 2:48 PM 8 of 17 Case 1:18-cv-01458-PLF Document 13-14 Filed 06/26/18 Page 8 of 11 to have the traffickers get them to the United States. And if you believe what Donald Trump was saying and he does believe it — quick return to where you came from. We have a serious problem internally. We have very, very, I'd say chaotic immigration laws that we have just got to change. I mean this is all on the United States Congress — they don't do. They have not done anything to address this. And I could give you example after example of laws. In terms of the Deferred Action for Childhood Arrivals program, where are you putting your hopes now? It's astounding to me, and it should be to the world — that the president from what he was saying during the campaign to what he agreed upon with the with the four pillars, to take 670,000 people who were covered under the Obama DACA program ... The second 670,000 of course were the ones that were going on under the Obama administration that for some reason didn't get around to registering which is very easily done. I believe you said that they needed to get off their lazy asses and register. I believe that's a quote. But for whatever reason they didn't get off their butts. The fact is that this president said, "throw them in there so," we get 1.8 million. That was earthshaking enough. And then a path to citizenship. I thought based on all of the rhetoric I was getting from the particularly the Democrats on the Hill both sides of the aisle both sides of the hill that they, I mean that was Nevada and they you know they tap that around and tossed it around. What would you like to see happen legislatively right now? Right now I would like to see legislatively the four pillars enacted. And I think those that did not grasp the four pillars and pass it, have let down 1.8 million DACA people — either full recipients or the ones that didn't get around to signing up and they're still in limbo. And this president wants to get them out of limbo and get them into heaven. But it is astounding to me with all of my interactions with the Hispanic Caucus, the Democratic Caucus, all of that that when this stuff was served up on a silver platter they did nothing. 6/23/2018, 2:48 PM 9 of 17 Case 1:18-cv-01458-PLF Document 13-14 Filed 06/26/18 Page 9 of 11 And then in terms of temporary protected status, there was a report that you called acting DHS Secretary Elaine Duke and said, "I urge you to cancel that status for the Hondurans." Is that true? It is not true. I called her because she was not making a decision and I said, "look, I don't care what you do." So you think all the TPS status should be canceled for all the countries? I think we should fold all of the TPS people that have been here for a considerable period of time and find a way for them to be [on] a path to citizenship. Use the Haitians as an example. A path to citizenship rather than sent home? Yeah. Well, they were there in a legal status under TPS, that's a big deal. They're under legal status. You take the Central Americans that have been here 20-plus years. I mean if you really start looking at them and saying, "OK you know you've been here 20 years. What have you done with your life?" Well, I've met an American guy and I have three children and I've worked and gotten a degree or I'm a brick mason or something like that. That's what I think we should do — for the ones that have been here for shorter periods of time, the whatever it was that gave them TPS status in the first place. If that is solved back in their home countries they should go home. So did you disagree with the decision by your successor Secretary Nielsen that Salvadorans and Hondurans and Haitians who've been here a very long time should have been allowed a path to citizenship? I did not talk to her about it. But let me go back to ... Duke, one more time. My phone call to her was I don't give a shit what you decide. Just make a decision. We were at the point we needed to make a decision on that particular group of people. She seemed to be incapable of making it. I just called and said I don't care what you do. Just do something. They stay or they go. ... In fact, she was in the office here on her last day apologizing for however that story get out. But anyway. 6/23/2018, 2:48 PM 10 of 17 Case 1:18-cv-01458-PLF Document 13-14 Filed 06/26/18 Page 10 of 11 I think by doing what she's done Secretary Nielsen once again is forcing the United States Congress to do something. I mean I can't tell you, John, the number of times in my hearings when they would ask me about why we're doing this so that what your philosophy is on immigration or whatever. I just said look you make the laws. I execute the laws. I can't pick and choose what laws to enforce. I would be, I should be thrown out of the job if I do that. Just do your job. Fix the problem. Or as I said in some remarks just shut up and let us do our job. The president sent National Guard troops to the border and said he's going to keep them there until the border wall is built. Do you think that Mr. Trump continues to put too much stock in a border wall as the answer to border security? You know, physical barriers work. Mr. Trump ... two years before he became the president-elect was talking about barriers along the border. He acknowledged the fact way back then that this was not going to be a concrete wall from sea to shining sea. That there were places we didn't need a wall. Places that were just too rough and people didn't know the big bend section of Texas is an example. You don't need a wall there. You know the mountain goats can't get through. There's other places particularly where you are close to cities on the U.S. side will you very definitely need a barrier ... along the California border cut illegal immigration by 97 percent. So those border crossings — San Ysidro I think is 100,000 people come in every day, legally Mexicans. Something like that. And let me say a very, very large number. And at the end of the day a very, very large number the same people go back home to Mexico. What did they do in the United States? They shop, they work. They bring their kids to school. You know Catholic schools or private schools. Bring them back. We want that kind of movement. What we don't want is illegal immigrants. Are you in favor of this new move announced by the attorney general early this week that if you cross the border illegally even if you're a mother with your children [we're going] to arrest you? We're going to prosecute you, we're going to send your kids to a juvenile shelter? The name of the game to a large degree. Let me step back and tell you that the vast 6/23/2018, 2:48 PM 11 of 17 Case 1:18-cv-01458-PLF Document 13-14 Filed 06/26/18 Page 11 of 11 majority of the people that move illegally into United States are not bad people. They're not criminals. They're not MS-13. Some of them are not. But they're also not people that would easily assimilate into the United States into our modern society. They're overwhelmingly rural people in the countries they come from – fourth, fifth, sixth grade educations are kind of the norm. They don't speak English, obviously that's a big thing. They don't speak English. They don't integrate well, they don't have skills. They're not bad people. They're coming here for a reason. And I sympathize with the reason. But the laws are the laws. But a big name of the game is deterrence. Family separation stands as a pretty tough deterrent. It could be a tough deterrent — would be a tough deterrent. A much faster turnaround on asylum seekers. Even though people say that's cruel and heartless to take a mother away from her children? I wouldn't put it quite that way. The children will be taken care of — put into foster care or whatever. But the big point is they elected to come illegally into the United States and this is a technique that no one hopes will be used extensively or for very long. 6/23/2018, 2:48 PM lof5 Case Document 13-15 Filed 06/26/18 Page 1 of 5 What You Should Know About Family Separations Yes, it?s Trump policy. No, it?s not the law. By JULIA PRESTON In an already contentious national debate over immigration, news of migrant children separated from their parents have raised questions for many about what?s happening. Marshall Project contributing writer Julia Preston, who has covered immigration issues in Washington and on the border for years, o?ers some answers. Are the recent separations of at least 2,000 children from their parents at the Mexican border the result of a Trump administration policy? Yes. On May 7, Attorney General Jeff Sessions announced ?important new enforcement policies" of ?zero tolerance? at the border. The Department of Homeland Security, or DHS, which is in charge of border enforcement, began to refer any immigrant caught crossing without legal documents to the Department of Justice, to be prosecuted for a crime in federal court. As part of the new policy, parents who were criminally prosecuted were separated from their children. ?We are here to send a message to the world: we are not going to let this country be overwhelmed,? Sessions said, explaining the new approach. ?If you cross this border unlawfully, then we will prosecute you. It?s that simple.? So, illegal border crossers were not prosecuted previously? 6/24/2018, 4:19 PM 20f5 Case Document 13-15 Filed 06/26/18 Page 2 of 5 Before the zero tolerance policy, most immigrants caught at the border were prosecuted for immigration violations in proceedings in immigration court, not in federal criminal court. Some were quickly deported. But many of the migrants coming from Central America (the majority of those apprehended in recent months) told border authorities they were afraid to return to their home countries and asked for asylum protection the United States. Most asylum?seekers were detained for some period. Many were released, to travel to places where their asylum claims would be heard in immigration courts around the country. Since at least the administration of President George W. Bush, federal of?cials have used prosecution in federal criminal court as an extra punishment and deterrent for illegal border crossers, but only in limited regions of the border. It was one of several ?consequences? DHS border authorities applied strategically, depending on the migrant ?ow at different border points. This is the ?rst time federal criminal prosecution has been applied for all illegal border crossings. Is it in fact a crime to cross the border illegally? Yes. Entry without inspection by an immigration of?cer is a federal misdemeanor on the ?rst offense, punishable by up to six months in prison. On the second offense it is a felony, with up to 2 years in prison. Returning to the United States illegally after deportation is also a felony. Okay. 80 doesn?t the law require children to be separated from parents caught crossing illegally? o, it doesn?t. The surge in children separated from parents since May 7 is directly related to the Trump administration?s zero tolerance policy. This is convoluted, so bear with me. Under that policy, parents apprehended at the border have been transferred from Customs and Border Protection, an agency that includes the Border Patrol and is part of DHS, into the custody of the United States Marshals Service. Those are the law enforcement of?cers who handle movements of people on trial in federal courts. The parents have been held in federal pre-trial detention. Their children don?t go with them. When the parents and their children crossed the border, they were together, forming what DHS of?cials call a family unit. Under the new policy, when the parent is transferred to federal court, DHS of?cials are re-classifying their children as unaccompanied minors?the term for children who arrived at a United States border without a parent or legal 6/24/2018, 4: 19 PM 3of5 Case Document 13-15 Filed 06/26/18 Page 3 of 5 guardian. The children are physically separated from their parents. They are sent to deportation proceedings in immigration court, separate from their parents. And, by law, DHS border of?cials are required within 72 hours to transfer the children to the custody of yet another federal agency: the Department of Health and Human Services, or HHS. The children are held in shelters overseen by health of?cials, mostly administered by private contractors, which are closed to the public. Can DHS of?cials just declare that a child who crossed the border with a parent now suddenly is unaccompanied, and separate them to be sent to HHS shelters? Good question. DHS of?cials say they have broad authority to make these determinations. But until the zero tolerance policy, DHS of?cials were identifying children as unaccompanied only if there was no parent or legal guardian with them ?at the time of apprehension.? The explicit intent of several laws and federal court rulings governing the handling of children at the border is that they should always be treated with special care. In general under American law, disrupting or severing the relationship between a child and their parent is a severe measure to be taken when less harsh alternatives are not available. Well, are there alternatives? Didn't the Obama administration separate families, too? There are alternatives. Before the zero tolerance policy of sending migrants to criminal court, parents and children who were in immigration proceedings were generally held together in detention centers specially equipped for families. There are two big centers in Texas and one in Berks County, The Obama administration detained families, sometimes holding young children and their parents for long periods. However, after a ruling by a federal court in California in 2015, the families could not be held in those centers for longer than about three weeks, and they had to be released to ?ght their court cases free of detention. Under President Obama, separation of children from parents was rare, mostly limited to relatively few cases where parents were suspected of serious trafficking and other crimes. Doesn't the administration have to separate the families because of the Flores agreement? What is the Flores agreement anyway? o, the Flores agreement does not require family separation. 6/24/2018, 4: 19 PM 4of5 Case Document 13-15 Filed 06/26/18 Page 4 of 5 The Flores agreement was a court settlement ?rst reached in 1997, requiring immigration authorities to release children from immigration detention without unnecessary delay to parents or relatives. It was revised by the California court ruling in 2015, which required authorities to prioritize family reuni?cation--not separation--and to release children and their parents as fast as possible and generally in no more than about three weeks. Secretary of Homeland Security Kirstjen Nielsen said that family separation ?is not a controversial idea" because the same thing would happen to an American accused of a crime. So is this so different? Yes. When people are arrested on federal charges, the police do not immediately, arbitrarily seize and detain their children and turn custody over to a federal agency. 80 when do the parents get their children back? In principle, when they ?nish in federal court. In practice, unclear. Up to now, most of the parents are going through super-fast-track mass trials in federal courts, where they are pleading guilty to a misdemeanor and being sentenced to time served, often in as little as 48 hours for the whole trial. According to public defenders representing them in court, the parents are often frantic and desperate to be reunited with their children, and they agree to guilty pleas without fully understanding the consequences. After trial, the parents are sent back to DHS to be detained for immigration proceedings. As convicted criminals, they will almost certainly be deported. Health Department of?cials, with hundreds of minors coming into their custody in just a few weeks, have not yet established clear procedures to reunite children with parents after trial. Parents are having great dif?culty ?nding out where their children are or communicating with them. Didn?t a lot of these parents want to apply for asylum? Yes. Most of the families are running from three countries in Central America that have been overrun by vicious street gangs and other criminal organizations. Many say they ?ed when gangs tried to recruit their teenage boys or threatened sexual assault against their daughters. Women have faced an epidemic of sexual violence. 6/24/2018, 4: 19 PM Case Document 13-15 Filed 06/26/18 Page 5 of 5 So did they ?le their asylum claims? 0. Under zero tolerance, Sessions and Nielsen have declared that anyone crossing without documents between border stations (in DHS-speak, ?ports of entry?) will be subject to criminal prosecution for illegal entry. They are no longer allowing migrants to ask for asylum from Border Patrol agents in the ?eld. Most of the asylum-seekers in the migrant wave since 2014 forded the Rio Grande river in Texas or crossed illegally through some other border region and turned themselves in to Border Patrol agents to ask for protection. Nielsen said migrants seeking asylum should come to a border station to ask for protection, and if they did they would not be separated from their children. It?s unclear what legal authority underpins this new distinction, and so far in practice border authorities have not applied it consistently. The American Civil Liberties Union brought a lawsuit earlier this year on behalf of a Congolese migrant who came to a border station and was separated from her child anyway. Why is the Trump administration insisting on separating children from their parents? It depends on which of?cial is speaking. Steven Wagner, the Acting Assistant Secretary in charge of children and families at the Department of Health and Human Services, who oversees the shelter system, explained one goal in a telephonic media brie?ng on Tuesday. ?We expect the new policy will result in a deterrence effect,? Wagner said. ?We certainly hope that parents stop bringing kids on this dangerous journey and entering the country illegally.? 5 of5 6/24/2018, 4:19 PM 6/25/2018 Case ateageiermPontics 5 THINGS NEWSLETTER SENT DAILY BY OUR SENIOR EDITORIAL STAFF Kelly: DHS is considering separating undocumented children from their parents at the border By Daniella Diaz, CNN Updated 7:33 AM ET, Tue March 7, 2017 STORY HIGHLIGHTS "Yes I'm considering in order to deter more movement along this terribly dangerous network," he said CNN reported last week that DHS was weighing its options on this We use cookies to understand how you use our site and to improve your experience. This includes personalizing content and advertising. To learn more, click By continuing to use (Trsite, you accept our use of cookies, revised Privacy Policy and Terms of Use. Washington (CNN) Secretary of Homeland Security John Kelly con?rmed that the department is considering separating children from their parents at the border. "We have tremendous experience of dealing with unaccompanied minors," he told CNN's Wolf Blitzer on "The Situation Room.? "We turn them over to (Health and Human Services) and they do a very, very good job of putting them in foster care or linking them up with parents or family members in the United States." He continued: "Yes I'm considering (that), in order to deter more movement along this terribly dangerous network. I am considering exactly that. They will be well cared for as we deal I accept 1/2 6/25/2018 Case at Page? Wpo'itics with family members already in the country or to state protective custody such as child protective services. In a statement to CNN last week, DHS spokesman David Lapan said the agency "continually explores options that may discourage those from even beginning the journey." "The journey north is a dangerous one, with too many situations where children -- brought by parents, relatives or smugglers are often exploited, abused or may even lose their lives," Lapan said at the time. Leon Fresco, a former DOJ of?cial in President Barack Obama's administration, said the previous administration considered, but ultimately rejected, the move. "It was never implemented because the idea was that it was too detrimental to the safety of the children to separate them from their parents, and the thinking was it was always preferable to detain the family as a unit or release the family as the unit," Fresco saidhk? Greece and Macedonia sign agreement on name change Follow the White House press brie?ng Here's what's going on with the children separated at the border We use cookies to understand how you use our site and to improve your experience. This includes personalizing content and advertising. To learn more, cli_ck E. By continuing to use our site, you accept our use of cookies, revised Privacy Policy and Terms of Use. 2/2 6/25/2018 Case 8 New ?zero tolerance? policy overwhelms South Texas courts By Lomi Kriel June 9,2018 Updated: June 19, 2018 11:30am You've read 2 of 3 free articles this month Unlimited Digital Access TRY IT NOW houstonchronicle&utm medium=direct&utm campaiqn=2017 iun meter&utm content=pmeter sic texas/texas/article/ 1/8 6/25/2018 Case Photo: Lomi Kriel/Houston Chronicle IMAGE 1 OF 5 Sister Norma Pimentel, who runs this shelter for migrant families in downtown McAllen, said though parents have heard of the president?s new separation policy, they keeping coming. ask them why and they more MCALLEN With dozens of other illegal border crossers last week, Santiago Choc Chomo ?led into the downtown federal courtroom here, focused not on his misdemeanor charge but on his 10-year-old daughter. There?s a new law, Border Patrol agents told him when they found the two near the Rio Grande River. You?re going to jail, they said. She?s going to a federal shelter. But they did not tell him where. Along with Choc Chomo, as many as 70 immigrants at a time ?lled nearly all the wooden benches in this eighth-?oor court, still wearing the same jeans and hooded sweatshirts they were in when apprehended days before. Under the US. government?s new ?zero TRANSLATOR tolerance? strategy of prosecuting every 2/8 6/25/2018 Case 8 migrant entering the country illegally, many To read this article in one of Houston's of them were parents separated from their most-spoken languages, click on the children after being imprisoned for the crime. button below. Most had never been in the United States before and sat, shackled and terri?ed, with salad Language 7 one overriding concern. ?All I could think about was my daughter,? Choc Chomo said. Authorities abandon 'zero- tolerance' for immigrant families This Rio Grande Valley region is the epicenter of President Donald Trump?s latest controversial immigration policy, a hardline Teen killed at BOY Scout camp after tree falls on . . . . . tent approach to 1mm1gratlon that has met resistance from CVCII some Murder trial starting over Chicago-area woman's 1973 death Republicans. More than half of all migrant Still-recovering California county hit by another big blaze families and children apprehended at the southern border wade across the river near McAllen and since mid-May, public defenders here said more than 430 parents Monsoon season not have been separated from then ch1ldren whlle 1 1- ?g expected to end drought in facing prosecution. US Southwest EXPLAINER: Must immigrant parents, children be separated at the border? The United Nations has condemned the practice, but the administration said the strategy is necessary to handle a ?crisis? at the border. Though overall illegal crossings are at their lowest in decades, new statistics last week show that the number of families and children coming here rose another 14 percent in May to almost 16,000, reaching levels last seen during President Barack Obama?s administration. The total amount of migrants apprehended at the southern border or turning themselves in to ports of entry remained at more than 50,000 for the third consecutive month. The increase has infuriated the president, who took pride in the falling apprehensions after his inauguration and boasted on his 500th day in of?ce last week that some of his major 3/8 5/25/2018 Case of 8 accomplishments were lower illegal immigration and stronger borders. ?While the Trump administration is restoring the rule of law, it will take a sustained effort and continuous commitment of resources over many months,? Department of Homeland Security spokesman Tyler Q. Houlton said in a statement. ?No one expects to reverse years of political inaction overnight.? To accommodate the resulting surge in detentions, the administration announced late Thursday that it would send 1,600 immigrants from civil holding facilities run by Homeland Security to federal prisons, a decision advocates said was alarming. It comes as the government is also considering housing children on military bases, including in Texas, as federal shelters for unaccompanied minors reach capacity. ?This new move is due to a self-manufactured crisis that stems directly from this administration cruelly separating families at the border and locking up parents, many of whom are lawfully seeking asylum,? said Katharina Obser, senior policy adviser at the Women?s Refugee Commission, a national advocacy group, in a statement. Far from the politics of Washington, lawyers in McAllen face not only the desperate pleas of parents but severe logistical constraints. NO DIVIDAS: Vigil becomes protest as outrage grows over separation of families at US border ?They say, ?Please help me get my child back,?? said Miguel ?Andy? Nogueras, one of 16 assistant public defenders in the of?ce here. have to let them know there is a possibility they will be deported without their children.? Once migrant parents are charged, their children by law cannot be held in prison with them and are transferred to the Department of Health and Human Services, which places them in 100 temporary shelters around the country. After adults serve their criminal sentence of a few days or weeks, they move to Homeland Security detention centers and can be quickly deported, sometimes without their children. Advocates say few procedures exist to ensure they reunite and that even connecting parents and children after such a separation is extraordinarily dif?cult. 4/8 63/25/2018 Case of 8 Lauren Dasse, executive director of the Florence Project, an Arizona group working with detained immigrants, said its staffers reported about 100 cases of family separation in the past 10 days, including a 2-year?old and a 6-year-old child who is blind. ?Many of them tell us they have not had contact with their parents for days or even weeks,? she said. The government has doubled down on its strategy, saying it is fully enforcing a law that has been on the books for decades and that parents cannot be exempt from prosecution if they bring their children here illegally. Of?cials maintain most families are reunited after parents serve their sentences, but have not been able to release such data or point to systematic policies ensuring that happens. ?If people don?t want to be separated from their children, they should not bring them with them,? Attorney General Jeff Sessions told conservative radio host Hugh Hewitt last week after the broadcaster said he was ?disturbed? by such separations, calling them ?traumatic.? In the eighth-?oor McAllen courtroom, U.S. Magistrate Judge Peter presided over the real-world consequences of ramped up prosecutions. His docket last week was packed with up to 150 misdemeanor illegal entry cases a day, and public defenders said they are struggling to keep up. ?It?s certainly swamping the court,? said Marjorie Meyers, federal public defender for the Southern District of Texas, which includes McAllen, Brownsville, Laredo and Corpus Christi. Together, they have seen more than 1,000 misdemeanor illegal entry prosecutions a week since mid-May. ?It means we don?t have the time that we need to handle our felony cases,? Meyers said. ?In McAllen, I don?t think it will be sustainable for us to represent all of the (misdemeanors.)? Day after day, repeatedly explained to the defendants before him that this was not an immigration hearing, but a criminal one. He tried to ensure that the 70-some migrants in his court understood their rights and charges and were competent to plead guilty, as almost all usually do. 5/8 5/25/2018 Case of 8 have a question,? said Norma Ulloa, a 30-year-old mother from Honduras who came with her two sons, aged idea where the government had placed them. ?If you plead guilty, do you have a right to stay here with your babies?? DOUBLING DOWN: Advocates ?le human rights complaint to stop family separations at border explained that he had no power over whether parents would rejoin their children, or if they would remain here, but could only adjudicate their misdemeanor cases. ?I?m very sorry for each of you who have been separated from your family members,? he said. ?Having children myself, I can only imagine how dif?cult that is.? Danny Amador Bonilla, who is also from Honduras, apologized to the judge for entering illegally and said he just wanted to return home with his 8-year-old son. Again the judge counseled that most of the migrants here would get a sentence of time served in exchange for their guilty plea and released, usually that same day, to the custody of immigration agents who would decide if they were reunited with their families. understand that should happen,? the judge said. But advocates say in many cases it does not. Social workers struggle to ?nd parents within the two agencies overseeing immigrant adult detention, the departments of Justice and Homeland Security. Officials in charge of children have said they are not routinely provided information about how family separations occur or where a minor?s parents may be. In just one example of the lack of procedures, some attorneys said they were given a 1-800 number for parents to locate their children, but it was not for the agency in charge of such minors. It was a tip line for immigration agents. A lawsuit against the government brought by the American Civil Liberties Union argues that even when parents and children are located after being separated, they are still not reunited. One lead plaintiff in that suit, a Brazilian mother who was prosecuted for entering the country illegally, served 25 days in prison after telling Border Patrol agents she was seeking asylum. Her 14-year-old son was taken to a shelter in Chicago. The woman was held in an immigrant 6/8 5/25/2018 Case of 8 detention center in El Paso for seven months and released on bond in April to pursue her asylum claim. She was reunited with her son last week. In a ruling last week, a San Diego federal judge agreed the class-action case can proceed and said the govemment?s policy may violate the Constitution?s guarantee of due ?Such conduct, if true is brutal, offensive, and fails to comport with traditional notions of fair play and decency,? Judge Dana M. Sabraw of the Southern District of California wrote in his 25- page opinion. The government has repeatedly argued that it sometimes must separate adults and children to ensure minors are not traf?cked. It has also said that a 1996 landmark federal settlement and a 2008 bipartisan law protecting children prevents it from the prolonged detention of families in immigration facilities. Without that option, the government said it has been compelled to release many to pursue their civil immigration cases but that some never again show up. Trump campaigned on ending such a practice, dubbed ?catch and release.? There are signi?cant questions over whether zero tolerance initiatives deter illegal immigration. An analysis by the Vera Institute of Justice, a New York nonpro?t, found a similar program, known as Operation Streamline, had no long-term deterrent effect between 2005 and 2013. The Government Accountability Of?ce has also suggested immigrant return rates stayed basically unchanged over a longer time frame. In court, several migrants were back after having recently been deported. One faced the same charge in this very room exactly two weeks ago. CHILD SEPARATIONS: Read all of our coverage here Sister Norma Pimentel, who runs a migrant shelter near McAllen?s downtown Sacred Heart Catholic Church, just returned from a trip to Guatemala and El Salvador where advocates told her they were struggling with an in?ux of small children deported alone. Parents tell her they have heard of Trump?s policy and are afraid. ?But they?re still coming,? she said. ask them why and they say, ?It?s worse for us to stay.?? 7/8 6/25/2018 Case 8 Sessions said those seeking asylum should do so at of?cial ports of entry. But in McAllen and across the border last week, migrants waited for days on international bridges under ferocious temperatures because federal agents said there wasn?t room to process them. Rosa Hidalgo, who is from Peru, was stuck on the McAllen bridge with her children for 16 days. They could not move for fear of losing their spots in line, relying on volunteers to give them blankets and food. As the afternoon sun beat down, Choc Chomo, the 32-year-old Guatemalan father, arrived at the downtown shelter. The judge had sentenced him to time served, but immigration of?cials released him because there wasn?t any more space to hold him. He was reunited with his daughter, who beamed with joy after several days of what she said in her indigenous Quiche language was inconsolable sadness. The father, a subsistence farmer from an impoverished Mayan region, said they were off to join a friend in Florida, hopefully, to quickly make some money, before his ankle monitor brought them back to immigration court. Lomi Kriel writes stories about immigrants, the complicated process of immigration, and its consequences. If you're an immigrant, lawyer, critic of the current system or a supporter, an ICE or Border Patrol agent, someone who feels they unfairly lost their job to an immigrant, an asylum seeker or a deportee, send tips and ideas to lomi.kriel@clzron.com. Follow on on Twitter at @lomikriel. Lomi Kriel Reporter, Houston Chronicle 2018 Hearst Newspapers, LLC. 8/8 6/25/2018 Casaorgienamasa?/F?er mesmedmaamwweuanwa/raoreage memes York Times Elbe New ?ork Eimes Honduran Man Kills Himself After Being Separated From Family at US. Border, Reports Say By Jeffery C. Mays and Matt Stevens June 10, 2018 A Honduran man who was separated from his family after he had crossed the United States border into Texas with them last month strangled himself in his holding cell, according to Customs and Border Protection of?cials, public records and media reports. The man, Marco Antonio Munoz, crossed the Rio Grande with his wife and 3- year-old son in mid-May near Granjeno, The Washington Post reported. In a statement, a Customs and Border Protection spokesman said Mr. Mu?oz was apprehended by Border Patrol agents on May 11 for ?attempting illegal entry into the United States? and taken to the Rio Grande Valley central processing center. Once there, Mr. Mu?oz and his family said they wanted to apply for asylum, The Post reported; Border Patrol agents then told them they would be separated. Marco Antonio Munoz Starr County Sheriff?s Office 1/3 6/25/2018 mesmedmaamwweupwa/raoreage names York Times While at the processing center, the Customs and Border Protection spokesman said, Mr. Munoz ?became disruptive and combative,? so the authorities moved him to a jail in Starr County, Tex. about 40 miles west of the processing center for an overnight stay. Although the statement did not say whether Mr. Mu?oz was with family members at the border, or explain why he became combative, media outlets reported that he grew upset after learning that his family would be split up. A public report posted by the Texas attorney general says Mr. Mu?oz, 39, was booked into the jail the night of May 12. He was ?combative and noncompliant? and scuf?ed with a detention of?cer, the report said, before being placed in a padded cell late that night. Throughout the evening, of?cers checked on Mr. Mu?oz every 30 minutes, the report said, but during the morning shift, different of?cers found Mr. Mu?oz dead on the ?oor. The death was listed in the report as a suicide by self-strangulation and hanging. Law enforcement of?cials reviewed video recordings of what happened in the cell overnight, the report said. 2/3 6/25/2018 Cas?iomenciimasa?r?er mesmedmaamWireuowe/raoreage Toadies York Times takes every loss of life very seriously and has initiated an internal review to ensure these policies were followed,? the agency?s statement said, referring to the agency?s standards on transport, escort, detention and search. Representatives from the Starr County Sheriff?s Of?ce did not return multiple calls and emails for comment on Saturday. A person who picked up the phone there said staff members were not available on weekends. On May 7, days before Mr. Mu?oz was apprehended at the border, Attorney General Jeff Sessions announced that the Trump administration would criminally prosecute everyone who illegally crosses the Southwest border, in what he called a ?zero tolerance? policy intended to deter new migrants, mainly from Central American countries like Honduras. The policy imposes potential criminal penalties on border-crossers who would have previously faced mainly civil deportation proceedings and in the process, forces the separation of families crossing the border. Many who have criticized the policy have focused on its effect on children who are separated from their parents. But Justin Tullius, a lawyer at the nonpro?t Raices, which works with migrants in Texas, said adults who are detained have also suffered. ?We?ve worked with parents who have shared suicidal thoughts and who have attempted to take their own lives because of the experience of detention,? Mr. Tullius said. ?We can?t allow policies that traumatize parents and children. Families must be allowed to go through the process of seeking protection in the US. together, without unnecessary and harmful separation.? Miriam Jordan contributed reporting. 3/3 Case 1:18-cv-01458-PLF Document 13-19 Filed 06/26/18 Page 1 of 2 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA M.G.U., et al., Plaintiffs, v. U.S. DEPARTMENT OF HOMELAND SECURITY, et al., Defendants. § § § § § § § § § § No. 18-cv-1458 Civil Action DECLARATION OF PETER MCGRAW I, Peter McGraw, make the following declaration based on my personal knowledge and declare under oath pursuant to 28 U.S.C. § 1746 that the following is true and correct. 1. I am an attorney licensed to practice law in the state of Texas. I am one of three attorneys representing the Plaintiffs in this case, cause number 18-cv-1458 in the United States District Court for the District of Columbia. 2. The document filed as ECF No. 13-14 is a March 11, 2018 article titled “Transcript: White House Chief of Staff John Kelly’s Interview with NPR.” This was posted on the website for National Public Radio at the following web address: https://www.npr.org/2018/05/11/610116389/transcript-white-house-chief-of-staff-johnkellys-interview-with-npr. I visited this web address on June 25, 2018, and created a Portable Document Format (PDF) file of the website using my internet browser’s print function. 3. The document filed as ECF No. 13-15 is a June 19, 2018 article titled “What You Should Know About Family Separations.” This was posted on the website for The Marshall Project at the following web address: https://www.themarshallproject.org/2018/06/19/what-you-should-know-about-familyseparations. I visited the web address on June 25, 2018, and created a PDF file of the website using my internet browser’s print function. 4. The document filed as ECF No. 13-16 is a March 7, 2017 article titled “Kelly: DHS is considering separating undocumented children from their parents at the border.” This was posted on the website for CNN at the following web address: https://www.cnn.com/2017/03/06/politics/john-kelly-separating-children-from-parentsimmigration-border/index.html. I visited this web address on June 25, 2018, and created a PDF file of the website using my internet browser’s print function. 1 Case 1:18-cv-01458-PLF Document 13-19 Filed 06/26/18 Page 2 of 2 5. The document filed as ECF No. 13-17 is a June 9, 2018 article titled “New ‘zero tolerance’ policy overwhelms South Texas courts.” This was posted on the website for the Houston Chronicle at the following web address: https://www.houstonchronicle.com/news/houston-texas/texas/article/New-zero-tolerancepolicy-overwhelms-South-12981190.php. I visited this web address on June 25, 2018, and created a PDF file of the website using my internet browser’s print function. 6. The document filed as ECF No. 13-18 is a June 10, 2018 article titled “Honduran Man Kills Himself After Being Separated From Family at U.S. Border, Reports Say.” This was posted on the website for the New York Times at the following web address: https://www.nytimes.com/2018/06/10/us/border-patrol-texas-family-separatedsuicide.html. I visited the web address on June 25, 2018, and created a PDF file of the website using my internet browser’s print function. I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct, based on my personal knowledge. Executed in Brownsville, Texas on June 25, 2018. /s/ Peter McGraw PETER MCGRAW 2 Case 1:18-cv-01458-PLF Document 13-20 Filed 06/26/18 Page 1 of 3 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA M.G.U., et al., Plaintiffs, v. KIRSTJEN NIELSEN, et al., Defendants. § § § § § § § § § No. 1:18-cv-1458-PLF Civil Action [PROPOSED] PRELIMINARY INJUNCTION The Court has considered all authorities, evidence, and argument presented by all parties concerning Plaintiffs’ motion for preliminary injunction, ECF No. 13. Plaintiffs are three parents who the government forcibly separated from their children. Defendants include the U.S Department of Homeland Security (“DHS”) and its subagencies Immigration and Customs Enforcement (“ICE”) and Customs and Border Protection (“CBP”), and U.S. Department of Health and Human Services (“HHS”) and its sub-agency Office of Refugee Resettlement (“ORR”). The Court concludes that all four preliminary-injunction elements weigh in favor of entering immediate relief for Plaintiffs as follows: (1) Plaintiffs are likely to succeed on their claim that Defendants’ separation policy impermissibly places a substantial burden on their family integrity and is not narrowly tailored to serve a compelling government interest. Plaintiffs are likely to succeed on the merits of their claim that they are civil detainees, and Defendants unconstitutionally subjected them to punishment when Defendants forcibly separated 1 Case 1:18-cv-01458-PLF Document 13-20 Filed 06/26/18 Page 2 of 3 them from their children and continued to keep them separated from their children after conclusion of any criminal proceedings. Unconstitutional punishment is shown in this case by Defendants’ statements that they intend separation to deter immigration to the United States, by the fact that the indefinite separation that they inflicted on Plaintiffs is unnecessary to administer criminal justice to any person, by the fact that Defendants lack binding policies describing when and how they will separate and reunite families, and by Defendants’ lack of a rationale for their actions other than punishment. Independently, the suffering caused by forcible separation of parent from child is so extreme in relation to any conceivable legitimate purpose that the punitive nature of Defendants’ actions is manifest to the Court. (2) Plaintiffs suffer irreparable harm legally by the deprivation of their constitutional rights, and literally by enduring forcible separation from their children without justification, and without sufficient information regarding their well-being. (3) The balance of harms strongly favors Plaintiffs. (4) The public interest weighs toward respect for the rule of law, and basic decency. WHEREFORE, the Court hereby directs the following preliminary injunction to Defendants, which includes all of their employees, agents, attorneys, sub-agencies and all persons acting in their behalf— The Court ORDERS Defendants to take all necessary actions to reunite the following parents with the following children at the soonest practicable time: (a) Plaintiff M.G.U. with her 2-year-old son G.V.G.; (b) Plaintiff M.G.U. with her 6-year-old son J.V.G.; (c) Plaintiff M.G.U. with her 13-year-old son W.M.G.; 2 Case 1:18-cv-01458-PLF Document 13-20 Filed 06/26/18 Page 3 of 3 (d) Plaintiff E.F. with her 9-year-old son B.Y.A.F.; and (e) Plaintiff A.P.F. with his 12-year-old daughter C.P.R. The Court further ORDERS Defendants to supply daily reports on their reunification efforts and the children’s and parents’ well-being to the Court, to Plaintiffs’ counsel, and to Plaintiffs in Spanish. The Court further ORDERS Defendants to refrain from taking any action to separate Plaintiffs from their children named above absent emergency or further order of the Court. The Court further ORDERS Defendants to immediately inform Plaintiffs and counsel of the current whereabouts of Plaintiffs’ children, and to immediately facilitate secure communication among Plaintiffs’ counsel, Plaintiffs, and their children to enable them to discuss the content of this Order. SO ORDERED this _________ day of _______, 2018 at Washington, D.C. ______________________________ United States District Judge 3