Democratic New York Gov. Andrew Cuomo announced Tuesday his state will sue the Trump administration over its zero tolerance approach to immigration that has resulted in family separations at the border, claiming the federal government has violated the constitutional rights of illegal immigrant children and parents with the policy.
“Following the callous and inhumane treatment of immigrant families at the border, New York is suing to protect the health and well-being of children being held at least 10 different facilities across the state and at others throughout the nation,” Cuomo’s office said in a statement, adding more than 70 minors are being cared for by the Department of Health and Human Services in New York.
Cuomo has directed New York’s Department of Health, the state’s Office of Temporary and Disability Assistance, and the Office of Children and Family Services to take legal action against the Trump administration based on the argument the immigrants have the right under the U.S. Constitution to familial integrity and should be able to exercise their parental rights in New York.
The state also plans to argue that the federal government’s policy flouts the 1997 Flores Settlement Agreement, which sets national standards regarding children in detention, as well as the “outrageous government conduct doctrine” discussed by the Supreme Court in United States v. Russell.
President Trump’s decision to introduce a zero tolerance policy toward illegal immigration has been widely condemned because it has resulted it many children being taken away from their parents or guardians as the Justice Department prosecutes illegal border crossings. This is because minors cannot stay in detention for long periods of time.
Cuomo’s instructions come one day after he joined a growing number of governors, including at least two Republicans, vowing not to deploy National Guard troops and resources to help secure the southern border.
