Sarah Fabian, a DOJ Lawyer, Argues Detained Migrant Children Don’t Need Soap, Toothpaste or Beds to be ‘Safe and Sanitary’

Sarah Fabian, an attorney in the Department of Justice’s Office of Immigration Litigation, is in the national spotlight for arguing that the government could provide “safe and sanitary” conditions for detained migrant children without supplying items for proper hygiene or even a bed.

In a San Franciso courtroom on Tuesday, Fabian argued for the government in front of Ninth Circuit Court of Appeal judges, Wallace Tashima, William Fletcher, and Marsha Berzon. The government appealed a 2017 district court ruling that found the feds were in violation of the 1997 Flores settlement by not providing detained children access to soap, toothbrushes, and beds.

The Flores settlement, an agreement between immigration activist groups and the government, set immigration detention standards for unaccompanied children with a focus on facility conditions.

The consequences of the settlement “have been central to the debates over President Trump’s ‘zero-tolerance’ policy at the border and accusations of family separations,” according to the Center for Immigration Studies.

Senior U.S. Circuit Judge A. Wallace Tashima spent time in a U.S. internment camp for Japanese Americans during World War II when he was a child. He questioned Fabian’s logic.

“If you don’t have a toothbrush, if you don’t have soap, if you don’t have a blanket, it’s not safe and sanitary,” Tashima said. “Wouldn’t everybody agree with that?”

Politicians and activists took to Twitter to slam the Trump Administration’s stance on “safe and sanitary” conditions:

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  1. I Just Can't

    After watching her stumble through this explanation, if it weren’t for the fact that she’s arguing something so heinous, I’d almost feel sorry for her. But I am actually ok with watching what was one of the most inept displays I’ve seen in court outside of a comedy movie.

  2. Rodney Bowe

    Have we all become so numb in this current societal leadership in America that we have lost our common decency to take care of children? There is no excuse for what we are doing. We need to call this what it is. We treat our dogs and cats better than we are treating the immigrant population who are fleeing from conditions that America has contributed to. There is nothing complicated about what is going on. It is pure and simple cruel and inhuman treatment which boils down to evil intentions.

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