[Sign Up Now] to Receive Our FREE Daily SCVTV-SCVNews Digest by E-Mail

Inside
Weather
Santa Clarita CA
Mostly cloudy
Mostly cloudy
54°F
 
Calendar
Today in
S.C.V. History
November 17
1969 - Construction begins on Magic Mountain amusement park [story]


By Bianca Bruno

SAN DIEGO – A federal judge Tuesday questioned what harm the government would face if it had to implement a pending settlement agreement to grant asylum interviews to families separated at the U.S.-Mexico border under the since-abandoned zero-tolerance immigration policy.

U.S. District Judge Dana Sabraw heard from attorneys for the families and government concerning a new schism in the ongoing litigation – consolidated in the Southern District of California – over the separation of more than 2,600 mostly Central American families at the U.S.-Mexico border.

Last week, attorneys representing the families filed an emergency motion to implement the settlement agreement the parties reached last month. Although Sabraw granted preliminary approval to the agreement, a final approval hearing is not scheduled until Nov. 15.

The families’ attorneys say they entered into the settlement based on the government’s representation it would begin to conduct asylum interviews for families who wanted to remain detained while pursuing legal means to remain in the U.S. rather than be deported.

But the government hasn’t begun to process their applications, and at least 40 families have opted for deportation “because they simply could not wait in detention for any longer,” according to their attorneys.

On Tuesday, Sabraw asked Justice Department attorney Scott Stewart how the government would be harmed if it started conducting asylum proceedings pending final approval of the settlement agreement next month.

“The settlement in this case is well-postured for approval,” Sabraw said. “What would the prejudice be to the government in at least starting some of these orientations and hearings? Wouldn’t it just be a loss of government resources? I’m not understanding what the prejudice would be.”

Stewart recognized that “it is a very costly, burdensome thing for the government to hold people in detention” but said “finality of the class resolution are key pieces for the government” and that it “[has] a problem” implementing the asylum agreement under an emergency briefing schedule.

“The government needs to be careful,” Stewart said, noting one objection to the settlement has already been filed with another possible objection coming from a small group of people wanting to be included in it.

Class attorney Justin Bernick of Hogan Lovells in Washington, D.C. told Sabraw via teleconference they “heavily relied” on the government’s representation it would “get moving” on implementing the asylum process when the agreement was negotiated.

Bernick said 60 people have signed the settlement waiver holding them in detention pending the processing of their asylum claims. He said his clients believed they would start the asylum process within days of signing the form.

“This is not going to open Pandora’s box. We are bound by this agreement,” Bernick said. He pointed out the families are “entitled to these interviews anyway by statute” and said moving forward with the asylum interviews “could help conserve government resources.”

But Stewart contended that “ordering the government to immediately implement the agreement in the absence of final approval represents a significant legal risk.”

Still, Stewart said the government is willing to move forward in implementing the settlement agreement “as appropriate.” When Sabraw asked if the 60 people could move forward on their asylum claims, Stewart said they “likely could.”

Bernick retorted that the class relied on the “same language Stewart used on how to move forward” during the settlement negotiations “but that has not materialized.”

Sabraw indicated he will issue a “short and to-the-point” order on the emergency motion soon. He scheduled the next status conference for Nov. 9, expressing hope that a “final accounting” of reunified families will bring the case to a close “during this time frame.”

Comment On This Story
COMMENT POLICY: We welcome comments from individuals and businesses. All comments are moderated. Comments are subject to rejection if they are vulgar, combative, or in poor taste.
REAL NAMES ONLY: All posters must use their real individual or business name. This applies equally to Twitter account holders who use a nickname.

0 Comments

You can be the first one to leave a comment.

Leave a Comment


SCV NewsBreak
LOCAL NEWS HEADLINES
Friday, Nov 16, 2018
Smith Widens Lead in 38th Assembly District Tally
Democratic challenger Christy Smith's lead has widened to 3,099 votes over Republican incumbent Dante Acosta in the race for California's 38th District, according to the updated ballot count released Friday afternoon by the Los Angeles County and Ventura County registrars of voters.
Friday, Nov 16, 2018
Sheriff’s Race: Villanueva Widens Lead Over McDonnell by Nearly 58K Votes
Retired Los Angeles County Sheriff's Lt. Alex Villanueva has pulled ahead of incumbent Sheriff Jim McDonnell by 57,810 votes in the Nov. 6 general election
Friday, Nov 16, 2018
Woolsey Fire Destroys Western Town, Museum, Archives at Paramount Ranch
The Santa Monica Mountains National Recreation Area suffered significant damage from the Woolsey Fire, including the destruction of the Western Town at Paramount Ranch and a building housing priceless archives, the National Park Service reported Friday.
Keep Up With Our Facebook

Latest Additions to SCVNews.com
1969 - Construction begins on Magic Mountain amusement park [story]
Democratic challenger Christy Smith's lead has widened to 3,099 votes over Republican incumbent Dante Acosta in the race for California's 38th District, according to the updated ballot count released Friday afternoon by the Los Angeles County and Ventura County registrars of voters.
Smith Widens Lead in 38th Assembly District Tally
Retired Los Angeles County Sheriff's Lt. Alex Villanueva has pulled ahead of incumbent Sheriff Jim McDonnell by 57,810 votes in the Nov. 6 general election
Sheriff’s Race: Villanueva Widens Lead Over McDonnell by Nearly 58K Votes
A new three-year collective bargaining agreement between Kaiser Permanente and the Alliance of Health Care Unions is now in effect through Sept. 30, 2021.
Kaiser Permanente, Health Care Unions Ratify New National Deal
The next meeting of the Los Angeles County Board of Supervisors is set for Tuesday, Nov. 20, starting at 9:30 a.m.
Nov. 20: LA County Board of Supervisors Meeting
The Santa Monica Mountains National Recreation Area suffered significant damage from the Woolsey Fire, including the destruction of the Western Town at Paramount Ranch and a building housing priceless archives, the National Park Service reported Friday.
Woolsey Fire Destroys Western Town, Museum, Archives at Paramount Ranch
A multitude of important disaster recovery resources from government, non-profit, and private agencies are now available online at www.lacounty.gov/woolseyfire to help support residents, business owners, and others impacted by the Woolsey Fire.
County Launches Recovery, Damage Reporting Webpage for Woolsey Fire Victims
Red Rock Canyon State Park officials have set their schedule of interpretive events for the second half of November.
Red Rock Canyon State Park Sets November Walks, Talks, Slide Show
Registration is underway for the College of the Canyons winter semester, and registration for the spring 2019 semester will begin Tuesday, Jan. 2.
Register Now for COC Winter Semester; Spring Registration to Open Jan. 2
The California State Auditor rebuked the agency in charge of implementing the state’s high-speed rail project Thursday, finding lack of planning and poor oversight has led to cost overruns plaguing the Golden State’s efforts.
Cost Overruns, Poor Oversight Plague California Bullet Train
The U.S. Small Business Administration has issued a disaster declaration for Los Angeles County that will make low-interest federal disaster loans available to businesses and residents impacted by the Woolsey Fire.
Feds Offer Low-Interest Loans to LA County Wildfire Victims
Santa Clarita Valley Sheriff's Station deputies arrested a man on Friday suspected of vandalizing a Newhall business over the Veterans Day holiday weekend.
SCV Deputies Arrest Newhall Vandalism Suspect
The city of Santa Clarita, in partnership with Parkway Motorcars, will once again hold a Thanksgiving Community Dinner at the Newhall Community Center, located at 22421 Market Street in Newhall.
Nov. 19: City’s Annual Thanksgiving Community Dinner
Valencia native, Celine Chen, 14, will compete as a Division Finalist in the Music Teachers National Association (MTNA) Southwest Division Junior Piano.
West Ranch Freshman Heads to Southwest Division Piano Competition
1941 - Rose (stagecoach) Station at bottom of Grapevine dedicated as California Historical Landmark [story]
Princess Cruises has been recognized by SHAPE magazine as a winner in its fourth annual Healthy Travel Awards, recognizing the cruise line’s state-of-the-art Lotus Spa and Fitness Centers onboard its 17 cruise ships.
SHAPE Magazine Recognizes Princess Cruises with Healthy Travel Award
Most people with Medicare will pay the standard monthly premium for Medicare Part B, which will be $135.50 next year, an increase of $1.50 over 2018. Your Part B premium is based on your income. People whose tax returns show income equal to or higher than $85,000 pay higher premiums. These income-adjusted premiums apply to about 5 percent of all Medicare beneficiaries.
Your Medicare Costs in 2019 | Commentary by Greg Dill
The Michael Hoefflin Foundation for children’s cancer is getting ready to celebrate the 2018 Holiday Season.
Michael Hoefflin Foundation Seeking Donations for Holiday Baskets
Chili cook-off entries and craft boutique applications are now being accepted for the Antelope Valley Indian Museum’s eighth-annual “Holidays on the Homestead,” to be held on Saturday Dec. 1, from 5:00 p.m. - 8:00 p.m.
Dec. 1: Annual ‘Holidays on the Homestead’ at AV Indian Museum
The Santa Clarita Valley Chamber of Commerce is pleased to announce Nancy Starczyk as the 2019 Chair of the Board of Directors.
Realtor Nancy Starczyk Named 2019 SCV Chamber Board Chair
The Brittany Foundation will be at Bark Avenue Dog Grooming on Saturday Dec. 8, from 11:00 a.m. - 3:00 p.m., for pet pictures with Santa.
Dec. 8: Pet Pictures with Santa at Bark Avenue Dog Grooming
The Silvertone Singers, in an effort to raise funding for the new Senior Center set to open in Spring 2019, presents a concert focusing on the theme of "Money."
Nov. 29: Concert, Art Exhibit Benefiting SCV Senior Center
SACRAMENTO - Every year, as the percentage of drivers age 65 and older increases, many look to the California Highway Patrol (CHP) to help them maintain their ability to drive safely.
CHP Implements ‘Age Well, Drive Smart’ for Senior Drivers
Smart & Final Stores, Inc., the value-oriented food and everyday staples retailer, reported Wednesday financial results for the fiscal third quarter ended Oct. 7, 2018.
Smart & Final Overall Sales Increased 2.8% Over Last Year
No. 1 College of the Canyons will host No. 4 Ventura College in a California Community College Athletic Association (CCCAA) Southern California Regional Playoff first round matchup at Cougar Stadium on Saturday Nov. 17. Kickoff is scheduled for 6:00 p.m.
No. 1 Canyons Faces Off Against No. 4 Ventura in First Round Matchup
Grab your broom, don your ruby red slippers and travel to the wonderful land of Oz – long before Dorothy and her friends burst onto the scene.
City Offering ‘Wicked’ Excursion to Pantages Theatre
Fire officials raised the Fire Danger Level from “Very High” to “Extreme” in the Angeles National Forest and San Gabriel Mountains National Monument.
Officials Raise Fire Danger Levels in Angeles National Forest to ‘Extreme’
1978 - Southern Pacific Saugus depot closes; later moved & used as SCV Historical Society museum [story]
Republican incumbent Dante Acosta conceded Wednesday to Democratic challenger Christy Smith in the tight race for California's 38th Assembly District seat in the Nov. 6 general election.
Acosta Concedes to Smith in Assembly Race as Ballot Tally Continues
There's a temptation inherent to a free-flowing and high scoring game.
TMU Men’s Hoopsters Show Selflessness in Win Over Bethesda
TMU's women's volleyball team will fly to Sioux City, Iowa, to begin pool play on Nov. 27 to Nov. 29.
TMU Women’s Volleyball Earns Bye to NAIA Final Site in Iowa
Before Saturday night's GSAC title game, the PA announcer indulged himself in a bit of low-hanging humor.
TMU Women’s Volleyball Wins GSAC Tourney Title, Earns NAIA Bid
Master's women's volleyball team scored a 3-0 semifinal win over Menlo College on the way to the Golden State Athletic Conference tournament at Hope International in Fullerton.
TMU Women’s Volleyball Team Advances to GSAC Title Game
The Mustangs trailed almost all the way through three quarters, rallied in the fourth, and held on to down No. 7 Carroll 61-56 in Helena, Montana Friday.
TMU Women’s Hoopsters Close Trip with Win Over No. 7 Carroll