Case 3:18-cv-00428-DMS-MDD Document 146 Filed 07/23/18 PageID.2420 Page 1 of 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 CHAD A. READLER Acting Assistant Attorney General SCOTT G. STEWART Deputy Assistant Attorney General WILLIAM C. PEACHEY Director Office of Immigration Litigation U.S. Department of Justice WILLIAM C. SILVIS Assistant Director Office of Immigration Litigation SARAH B. FABIAN Senior Litigation Counsel NICOLE MURLEY Trial Attorney Office of Immigration Litigation U.S. Department of Justice Box 868, Ben Franklin Station Washington, DC 20442 Telephone: (202) 532-4824 Fax: (202) 616-8962 16 17 18 19 20 21 22 23 24 25 26 27 28 ADAM L. BRAVERMAN United States Attorney SAMUEL W. BETTWY Assistant U.S. Attorney California Bar No. 94918 Office of the U.S. Attorney 880 Front Street, Room 6293 San Diego, CA 92101-8893 619-546-7125 619-546-7751 (fax) Attorneys for Federal Respondents-Defendants Lee Gelernt* Judy Rabinovitz* Anand Balakrishnan* AMERICAN CIVIL LIBERTIES UNION FOUNDATION 125 Broad St., 18th Floor New York, NY 10004 T: (212) 549-2660 F: (212) 549-2654 lgelernt@aclu.org jrabinovitz@aclu.org abalakrishnan@aclu.org 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 Attorneys for PetitionersPlaintiffs *Admitted Pro Hac Vice Case 3:18-cv-00428-DMS-MDD Document 146 Filed 07/23/18 PageID.2421 Page 2 of 8 1 2 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 3 4 Case No. 18cv428 DMS MDD MS. L, et al., 5 Petitioners-Plaintiffs, 6 JOINT STATUS REPORT vs. 7 U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, et al., 8 9 Respondents-Defendants. 10 11 The Court ordered the parties to file a joint status report on July 23, 2018, in 12 13 anticipation of the status conference scheduled for July 24, 2018 at 3:00pm PST. 14 The parties submit this joint status report in accordance with the Court’s instruction. 15 16 I. 17 DEFENDANTS’ POSITIONS A. Update on Reunification Process 18 The reunification plan outlined to the Court in Defendants’ filing on July 19 15, 2018, ECF No. 109, and discussed at the July 16, 2018 status conference, is 20 21 proceeding. Defendants report the following with regard to the reunification of 22 families with children ages 5-17: 1 23 24 1 The numbers provided are based on daily reports that have not been analyzed to 25 ensure as much accuracy as the government could ensure if it had several days to 26 analyze and verify each statistic. These numbers are from the daily report as of 8:00 AM Eastern on July 23, 2018. While most numbers changed since the last 27 28 1 18cv428 DMS MDD Case 3:18-cv-00428-DMS-MDD Document 146 Filed 07/23/18 PageID.2422 Page 3 of 8 1 • Total number of possible children of potential class members identified: 2,551 2 3 4 5 6 7 8 9 10 11 12 13 14 15 • Potential class members possibly eligible for reunification: 1634 o Class members successfully reunified in ICE custody: 879 o Class members in ICE custody interviewed and cleared for reunification, transport pending: 538 o Potential class members in ICE custody pending interview: 0 o Potential class members in ICE custody pending child file review: 0 o Potential class members released to the interior by ICE: 217 • Potential class members, or non-members of the class, either not eligible, or not yet known to be eligible, for reunification: 917 o Adults known to be in U.S. Marshal, State or local custody: 0 o At interview, parent waived reunification: 130 o Adults with prohibitive criminal record or deemed ineligible by ORR or ICE: 64 o Case notes indicate adult is not in U.S., under review: 463 o Further evaluation: 260 (many of these children have been discharged by ORR in appropriate circumstances) 16 17 18 19 • Class members with a final order of removal: 900 • Total number of reunifications or other appropriate discharges by ORR: 1,187 20 21 22 23 24 status report due to significant progress in reunifications, some minor changes are 25 attributable to continual review of the case files. In the interest of providing information that is as up-to-date as possible, although not without the possibility 26 needing further correction, the numbers provided in Section A reflect the best 27 estimates the government has as of 8:00 AM Eastern on July 23, 2018. 28 2 18cv428 DMS MDD Case 3:18-cv-00428-DMS-MDD Document 146 Filed 07/23/18 PageID.2423 Page 4 of 8 1 2 3 B. Class Member Lists and Other Information For Plaintiffs Defendants continue to provide Plaintiffs’ counsel the daily “cleared” list when that list is updated. On July 20, 2018, Defendants provided Plaintiffs with a 4 5 list of class members who stated that they did not wish to be reunified with their 6 children at the final interview with HHS. Defendants will provide an update to that 7 list on July 24, 2018. On July 20, 2018, Defendants provided Plaintiffs with a 8 9 spreadsheet containing updated information regarding 1601 class members. That 10 spreadsheet reflects whether those class members have a final order of removal, 11 and whether they have been removed or released, or if they remained in ICE 12 13 custody, then their current detention location. For those class members who have 14 final orders of removal, Defendants are reviewing files to provide Plaintiffs’ 15 counsel with a list of those class members who have waived reunification prior to 16 17 removal. 18 19 In addition, Defendants had previously stated that on or before July 20, 2018, Defendants would provide Plaintiffs with a list of class members who have 20 21 been removed, including the date of removal, country of removal, and last 22 detention location, and that on or before July 23, 2018, Defendants would provide 23 Plaintiffs with a list of class members who have been released from ICE custody. 24 25 However, Defendants were not able to provide these lists because some of this 26 information is still under review. Defendants believe that some of the requested 27 28 3 18cv428 DMS MDD Case 3:18-cv-00428-DMS-MDD Document 146 Filed 07/23/18 PageID.2424 Page 5 of 8 1 information is contained in the spreadsheets that were previously provided to 2 Plaintiffs, and in an updated spreadsheet being provided to Plaintiffs today, July 3 23, 2018. However, Defendants are continuing to review their case notes and 4 5 intend to provide updated data on these two categories of class members as soon as 6 possible. 7 II. PLAINTIFFS’ POSITIONS 8 9 Plaintiffs have received no new information about Class Members from 10 Defendants since the hearing on Friday, July 20. In particular, Defendants have not 11 provided the following information: 12 13 1. A list of Class Members who have been removed from the country. 14 See Joint Status Report, Dkt. 124, at 3 (July 20, 2018) (stating that Defendants 15 would provide this information by July 20). 16 17 2. Updated lists of Class Members who have been “greenlighted” for 18 reunification. The last two such lists were sent by Defendants on July 16 and July 19 20. See Joint Status Report, Dkt. 124, at 2 (stating that Defendants were providing 20 21 this list “on a daily basis when it is updated”). 22 23 24 3. A complete list of the parents with final removal orders who signed a form electing to be removed without their children. These parents urgently need 25 consultations with lawyers, so that they do not mistakenly strand their children in 26 the United States, and Plaintiffs’ partners are ready to provide these consultations 27 28 4 18cv428 DMS MDD Case 3:18-cv-00428-DMS-MDD Document 146 Filed 07/23/18 PageID.2425 Page 6 of 8 1 immediately. Plaintiffs have been requesting this information each day since 2 Wednesday, July 18. According to the government’s representations, there may be 3 several dozen parents on this list, and they may not be identified in any list 4 5 Defendants have provided thus far. Plaintiffs respectfully ask the Court to order 6 Defendants to provide this information by 5:00pm PT on July 24. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5 18cv428 DMS MDD Case 3:18-cv-00428-DMS-MDD Document 146 Filed 07/23/18 PageID.2426 Page 7 of 8 1 DATED: July 23, 2018 Respectfully submitted, 2 /s/ Lee Gelernt 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 3 4 5 6 7 8 9 10 11 12 13 14 15 16 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 17 18 19 20 21 22 23 24 25 26 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 Attorneys for Petitioners-Plaintiffs *Admitted Pro Hac Vice 27 28 6 18cv428 DMS MDD Case 3:18-cv-00428-DMS-MDD Document 146 Filed 07/23/18 PageID.2427 Page 8 of 8 1 2 3 4 5 CHAD A. READLER Acting Assistant Attorney General SCOTT G. STEWART Deputy Assistant Attorney General WILLIAM C. PEACHEY Director WILLIAM C. SILVIS Assistant Director 6 7 8 9 10 11 12 13 14 15 16 17 18 19 /s/ Sarah B. Fabian SARAH B. FABIAN Senior Litigation Counsel NICOLE MURLEY Trial Attorney Office of Immigration Litigation Civil Division U.S. Department of Justice P.O. Box 868, Ben Franklin Station Washington, DC 20044 (202) 532-4824 (202) 616-8962 (facsimile) sarah.b.fabian@usdoj.gov ADAM L. BRAVERMAN United States Attorney SAMUEL W. BETTWY Assistant U.S. Attorney Attorneys for Respondents-Defendants 20 21 22 23 24 25 26 27 28 7 18cv428 DMS MDD