J.S.R. v. Sessions

330 F. Supp. 3d 731
CourtDistrict Court, D. Connecticut
DecidedJuly 13, 2018
DocketNo. 3:18-cv-01106-VAB
StatusPublished
Cited by25 cases

This text of 330 F. Supp. 3d 731 (J.S.R. v. Sessions) is published on Counsel Stack Legal Research, covering District Court, D. Connecticut primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
J.S.R. v. Sessions, 330 F. Supp. 3d 731 (D. Conn. 2018).

Opinion

2. V.F.B.

According to Dr. Martin, V.F.B., a fourteen-year-old girl, fled with her mother from El Salvador after her step-father was killed by a gang. They entered the United States mid-May 2018, and reportedly were held in freezing conditions near the border while they awaited removal proceedings.

Dr. Martin observed that V.F.B. has a close-knit relationship with her mother. She has learned crafting skills from her mother, and they have survived together through the murder of V.F.B.'s step-father and an arduous trek from El Salvador to Texas. Dr. Martin explained that, like J.S.R.'s journey, V.F.B.'s trip itself was not especially traumatic; the separation from her mother, however, did result in considerable trauma.

One day at the detention center, V.F.B. went to take a shower. When she returned, her mother was gone.

On May 16, 2018, the Government transferred V.F.B. to ORR custody and detained her in Noank. Her mother is in a detention center in Texas. During the six weeks preceding this litigation, V.F.B. had spoken with her mother once. She has since had more contact.

On July 1, 2018, Dr. Martin's team interviewed V.F.B. and found her affect to be blunt and flat. Uncomfortable talking about the material, she would hide her face behind her arm or shy away from the interviewer. During the interview, she cried often.

The team attempted to apply the same two standardized instruments with V.F.B. On the childhood post-traumatic stress symptom scale, V.F.B. scored 21 out of 51. A score of 15 or above is considered consistent with PTSD. The team had more difficulty using the trauma health questionnaire because V.F.B. had difficulty answering many questions and often avoided them. Dr. Martin considered her so distressed that she did not understand certain simple concepts and therefore could not answer the questions coherently.

Dr. Martin expressed grave concern for the children if they are not reunited with their families, and he testified that there likely will be both short-term and long-term physical and mental health consequences for the children. He explained that symptoms of trauma, including sleeplessness, depression, anxiety, tearfulness, and hopelessness, will not remit on their own, and that the children are at risk for mental health consequences, including higher rates of depression, anxiety, symptoms of PTSD, substance abuse disorders, and more. They are also at a higher risk of physical conditions, such as cardio-vascular disease, diabetes, and even cancer.

Dr. Martin recommended that the most important remedy for both children would be to take away the traumatic stressor, J.S.R.'s separation from his father and V.F.B.'s separation from her mother. Dr. Martin also recommended that they be *736reunified in a non-stressful environment, where they could have freedom of movement, space, safety, and access to schools. He also recommended that the children have ongoing trauma-informed psychotherapy and care. He expressed that the timing of the reunification mattered: that the children had already been separated from their parents too long, and that every day adds to the gravity of their situation.

B. Procedural History

On July 2, 2018, J.S.R. and V.F.B. each filed Complaints and petitions for habeas corpus. Compl., ECF No. 1. Each plaintiff also filed a motion for a hearing. ECF No. 8. On July 3, 2018, the Court granted the motion, ECF No. 9, and held a telephonic status conference. ECF No. 12. After the conference, the Court issued a scheduling order that set a briefing schedule and a date for a hearing on an anticipated motion for a preliminary injunction. ECF No. 13.

On July 5, 2018, J.S.R. and V.F.B. each filed a motion for a temporary restraining order or a preliminary injunction. ECF No. 17; ECF No. 43. That same day, J.S.R. and V.F.B. each filed a motion for a writ of habeas corpus ad testificandum , seeking to compel the Government to produce J.S.R., V.F.B., and their parents at the July 11th hearing. ECF No. 18.

The Court granted in part and denied in part the motion for a writ of habeas corpus ad testificandum. Order on Motion for Writ, ECF No. 27; Supplemental Order on Motion for Writ, ECF No. 37. The Court denied the motion to command the in-person appearance of J.S.R.'s father and V.F.B.'s mother on July 11th. Order on Motion for Writ at 2. The Court required, however, that the Government make appropriate accommodations to ensure that the parents could speak with the children on July 9th and July 10th, and so that the parents could appear at the July 11th hearing through a videoconference. Id. at 2, 8. The Court also commanded the presence of J.S.R. and V.F.B. in person at the hearing. Supp. Order on Motion for Writ at 2.

The Court also noted that the Government is purportedly in the process of complying with an Order from the Southern District of California, which, as relevant here, requires United States Immigration and Customs Enforcement ("I.C.E.") to, "[u]nless there is a determination that the parent is unfit or presents a danger to the child, or the parent affirmatively, knowingly, and voluntarily declines to be reunited with the child ... reunify all Class Members [i.e., parents] with their minor children age five (5) and over within thirty (30) days of the entry of this Order." Order on Motion for Writ at 3-4 (citing Ms. L. v. U.S. Immigration and Customs Enforcement ("I.C.E.") , 310 F.Supp.3d 1133, 1135-37 (S.D. Cal. 2018) (the "California Order") ). The Order applies to the following class: "All adult parents who enter the United States at or between designated ports of entry who (1) have been, are, or will be detained in immigration custody by [the United States Department of Homeland Security ('DHS') ] and (2) have a minor child who is or will be separated from them by DHS and detained in the [Office of Refugee Resettlement ('ORR') ], ORR foster care, or DHS custody absent a determination that the parent is unfit or presents a danger to the child." Ms. L. , 310 F.Supp.3d at 1138-39 n.5.

The Court ordered the Government to facilitate communication between J.S.R., V.F.B., their counsel, and their parents, on Monday, July 9th, Tuesday, July 10th, and Wednesday, July 11th. Order on Motion for Writ at 7. The Court also stated that, if it denied J.S.R.'s and V.F.B.'s motions for preliminary injunctions, but the Government did not comply with the California Order by July 26, 2018, the Court would hold another hearing on July 27, 2018, at *73710:00 a.m., and a writ of habeas corpus ad testificandum would issue and the Government would be required to make arrangements to transport J.S.R.'s father and V.F.B.'s mother to that hearing. Id. at 8.

The Court held another telephonic status conference on July 9, 2018. ECF No. 32. Plaintiffs orally moved to consolidate the two cases, J.S.R. v. Sessions , No. 3:18-cv-1106, and V.F.B. v. Sessions , No. 3:18-cv-1110. ECF No. 33. The Court granted the motion and consolidated the cases into J.S.R and V.F.B. v. Sessions , No. 3:18-cv-1106. ECF No. 35.

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330 F. Supp. 3d 731, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jsr-v-sessions-ctd-2018.