California judge orders separated migrant children be reunified with parents within 30 days

Judge Dana Sabraw's order refers to the family separations at the border as reaching 'a crisis level'

A view inside a Customs and Border Protection (CBP) detention facility in Rio Grande City, Texas (CBP/Handout via REUTERS)

A California federal judge has ordered a the reunification of all families that have been separated at the US border in the first major ruling to rebuke the Trump administration's "zero tolerance" immigration policy.

The judge's order does not mean President Donald Trump administration have to stop prosecuting people who cross the border illegally.

Federal officers have been ordered to stop detaining parents apart from their minor children. There are exceptions, including when the parent is found unfit, or the parent declines reunification. The order also states that all children under the age of 5 will be reunified with their parents in 14 days, and all minors older than 5 will be reunited with their parents within 30 days. Officials also must provide phone contact with parents children within 10 days and for any remaining interim.

"Plaintiffs have demonstrated a likelihood of success on the merits, irreparable harm, and that the balance of equities and the public interest weigh in their favor, thus warranting issuance of a preliminary injunction," US District Court Judge Dana Sabraw wrote Tuesday when the order was issued.

"This is a complete victory for these families and children who have been suffering for months," said Lee Gelernt, an attorney with the ACLU. "Many of these parents and children thought they might never see each other again. They have literally been living through a nightmare and the court has now ended their trauma."

"This Order does not implicate the Government's discretionary authority to enforce immigration or other criminal laws, including its decisions to release or detain class members," Judge Sabraw explained. "Rather, the Order addresses only the circumstances under which the Government may separate class members from their children, as well as the reunification of class members who are returned to immigration custody upon completion of any criminal proceedings."

Judge Sabraw's order also referred to the family separations at the border as reaching "a crisis level." She wrote, "the facts set forth before the court portray reactive governance -- responses to address a chaotic circumstance of the government's own making. They belie measured and ordered governance, which is central to the concept of due process enshrined in our Constitution.