The father explicitly did not want the child deported with the mother, had informed ICE of that, and initiated legal proceedings to that effect [1].
The mother and US citizen child were held largely incommunicado. They were not given access to a lawyer, and communication with the father was monitored, and upon the father attempting to give them the phone number for an attorney the phone was taken from the mother. Then promptly put on a flight out of the country
When a judge attempted to contact the mother, while the mother and child were still in US custody: The US did not respond for an hour presumably so that it could remove the mother and child from US custody prior to responding.
> The Government contends that this is all okay because the mother wishes that the child be deported with her. But the Court doesn’t know that. [2]
And that's a quote from the Trump appointed very Trump leaning [3] judge.
All actual evidence we have here is that the child was intentionally deported (expelled?) against the parents wishes. Certainly against one of the parents wishes.
Note that it's advised for a single parent traveling internationally with their children to carry an letter from the other parent granting permission, because it may otherwise be interpreted as an attempt at international kidnapping and you may be prevented from traveling. The US government itself says this: https://www.usa.gov/travel-documents-children
Yet here they are deliberately moving a child internationally against the express wishes of at least one of the parents.
Actually what happened in the US court here is the US court attempted to intercede while the mother and child were still in US custody and ICE ignored the court until they had successfully removed the mother and child from US custody. As a result the court never got to learn the mothers wishes at all.
> Fair or not, that’s what happens in the US courts.
That's also not actually true. Mothers tend to get custody because both parties are more likely to agree to give them custody (or the father is more likely to cede custody).
If it comes to an actual legal battle, fathers are actually more likely to win custody than mothers.
The father explicitly did not want the child deported with the mother, had informed ICE of that, and initiated legal proceedings to that effect [1].
The mother and US citizen child were held largely incommunicado. They were not given access to a lawyer, and communication with the father was monitored, and upon the father attempting to give them the phone number for an attorney the phone was taken from the mother. Then promptly put on a flight out of the country
When a judge attempted to contact the mother, while the mother and child were still in US custody: The US did not respond for an hour presumably so that it could remove the mother and child from US custody prior to responding.
> The Government contends that this is all okay because the mother wishes that the child be deported with her. But the Court doesn’t know that. [2]
And that's a quote from the Trump appointed very Trump leaning [3] judge.
All actual evidence we have here is that the child was intentionally deported (expelled?) against the parents wishes. Certainly against one of the parents wishes.
[1] https://storage.courtlistener.com/recap/gov.uscourts.lawd.21...
[2] https://storage.courtlistener.com/recap/gov.uscourts.lawd.21...
[3] See prior rulings: https://en.wikipedia.org/wiki/Terry_A._Doughty#Notable_rulin...