Quote (NetflixAdaptationWidow @ Nov 7 2021 01:50am)
Government blatantly violated civil rights. Government pays.
That's how things should be.
Interesting discussion ends there.
The government did not violate any civil rights, and the government has sovereign immunity from civil claims while enforcing lawful executive policy under the Federal Tort Claims Act.
The federal government never waived its immunity nor does enforcement of border law fall into any defined exceptions to the FTCA.
There is no case against the government here to be settled, no chance to succeed in the courts, and the ACLU's filing is complete and utter legal bullshit that attempts to perform some massive legal gymnastics by purporting that "being separated from your family while detained is
torture"
An argument which would be trivially debunked by pointing out that everyone who gets arrested, let alone imprisoned, for any criminal offense, is separated from their family and therefore would be defined as "tortured" by the US government
The law in this case is abundantly clear, the US government has neither obligation to pay illegal aliens nor is in legal jeopardy if they don't settle this frivolous lawsuit.
Instead, any "settlement" would be nothing but a form of unilateral reparations by the Biden administration, payments made proactively under no legal necessity, the same as the Obama administration did with the Iran Deal by "settling" a 30 year old lawsuit of frozen claims by the Iranians and giving them "interest", despite the fact that case had been completely dead for decades and had 0% chance of going anywhere. It simply served as a vessel for Obama to pay billions of dollars to the Iranians as a sweetener for his Iran Deal to circumvent congress's power of the purse. This would be the same case, but with reparations to illegal aliens.