UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ____________________________________ ) JACINTO-CASTANON DE ) NOLASCO, et al., ) ) Plaintiffs, ) ) v. ) Civil Action No. 18-1536 (PLF) ) U.S. IMMIGRATION AND CUSTOMS ) ENFORCEMENT, et al., ) ) Defendants. ) ____________________________________) OPINION The matter is before the Court on plaintiffs’ motion for a preliminary injunction [Dkt. No. 2], requiring the United States government to immediately reunify plaintiff Alma Zuli Jacinto-Castanon de Nolasco with her nine-year-old son and her eleven-year-old son, from whom Ms. Jacinto-Castanon was forcibly separated shortly after crossing the United States-Mexico border over two months ago. Upon careful consideration of the parties’ filings, the relevant legal authorities, the arguments of counsel at the hearing on July 12, 2018, and the entire record in this case, the Court granted plaintiffs’ motion by separate Order yesterday, July 18, 2018. This Opinion explains the reasons for that Order. 1 1 The Court has reviewed the following documents and accompanying exhibits in connection with the pending motion: Complaint (“Compl.”) [Dkt. No. 1]; Plaintiffs’ Motion for a Preliminary Injunction (“Mot.”) [Dkt. No. 2]; Plaintiffs’ Motion for an Expedited Hearing (“Expedited Hearing Mot.”) [Dkt. No. 5]; Plaintiffs’ Motion for Clarification [Dkt. No. 9]; Defendants’ Motion for Extension of Time [Dkt. No. 11]; Defendants’ Opposition to Preliminary Injunction Motion (“Opp’n”) [Dkt. No. 12]; Plaintiffs’ Reply to Preliminary Injunction Motion (“Reply”) [Dkt. No. 13]; Defendants’ Supplemental Notice (“Def. Suppl. Notice”) [Dkt. No. 14]; Plaintiffs’ Supplemental Notice (“Pl. Suppl. Notice”) [Dkt. No. 15]; July 13, 2018 Status Report [Dkt. No. 16]; and July 18, 2018 Order Regarding Preliminary Injunction [Dkt. No. 46]. I. BACKGROUND A. Factual History On April 6, 2018, the Attorney General of the United States announced a “zero-tolerance” immigration policy, under which all immigrant parents unlawfully crossing the United States-Mexico border with their young children would be subject to criminal prosecution and separated from their children. See Compl. ¶ 35. Following widespread criticism over the separation of immigrant families, on June 20, 2018, the President of the United States signed an Executive Order requiring immigrant parents and their children who are apprehended at the border to remain together during the pendency of their criminal or immigration proceedings, to the extent permitted by law. See Mot. at 9. The Executive Order did not, however, address the reunification of the more than 2,000 children whom the government had already separated from their parents. See id. at 9-10. Plaintiffs in this action are Ms. Jacinto-Castanon and her two sons, who were forcibly separated after crossing the border prior to the issuance of the Executive Order on June 20, 2018. Ms. Jacinto-Castanon is presently detained in Arizona, while her sons are detained in California. Compl. ¶ 51. They are being held solely as civil immigration detainees and not in association with any criminal charge or conviction. Ms. Jacinto-Castanon has passed a credible fear interview – the first step in the asylum process. There is no evidence suggesting that Ms. Jacinto-Castanon is not the biological mother of ...
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