"This is new ground being plowed", said the person familiar with the plan, who asked not to be identified in order to speak freely. She said doubted that the judge would approve of the administration enacting it by convincing parents to sign away their children's right to release. In total, about 3,000 children are still separated from their parents. Fabian did not disclose where the reunions would take place.
The Trump administration must expedite efforts to reunite illegal-immigrant families who remain separated despite Tuesday's court-ordered deadline for action, including by skipping DNA tests for many children, a federal judge ruled Tuesday.
Trump was dismissive of reporters' questions about the missed deadline on Tuesday.
Speaking to reporters just before his flight to Europe for the North Atlantic Treaty Organisation summit, Trump blamed his administration's failure to meet the court's deadline on the detained families themselves, saying the "solution" to the crisis he created is "don't come to our country illegally".
Sabraw also asked the American Civil Liberties Union, which brought the lawsuit that led to Sabraw's June order, to file papers on Thursday suggesting remedies if the government had not reunified the remaining children by Tuesday "or within immediate proximity of today".
"The judge has promised to stay on top of it", Gelernt said outside court.
More than 2,000 children in all were separated from their parents by U.S. immigration authorities at the border this spring before President Donald Trump reversed course on June 20 amid an worldwide outcry and said families should remain together.
The Legal Aid Society in NY said it is representing at least two children under five who meet the judge's criteria for reunification on Tuesday.
Ms. Fabian said even more than the 54 could be released depending on whether Judge Sabraw orders the government to short-circuit its usual checks it makes before releasing children to sponsors in the U.S. The adults may be required to wear ankle monitors while their cases wind through immigration court, a process that can take years. The Legal Aid Society in NY said it is representing at least two separated children under five years old that meet the judge's criteria for reunification on Tuesday.
On Monday, Trump's administration acknowledged it would not meet a Tuesday deadline set by a San Diego federal judge to reunite detained children under 5 with their families.
"The goal of the [Trafficking Victims Protection Act ] is to promote the best interests of the child and to reunite families", the ACLU had argued.
"These are firm deadlines". As a result, the number of children eligible to be reunited has shifted in recent days as the government has discovered some individuals were not parents as they claimed or had criminal records. Sabraw had said all children four and younger should be returned to their parents by Tuesday; a hearing was set for Tuesday in federal court in San Diego to determine whether he should extend the deadline.
The government defended its screening, saying it discovered parents with serious criminal histories and one case of credible child abuse.
'Our process may not be as quick as some would like, but there is no question it is protecting children, ' said Chris Meekins, a Health and Human Services Department official helping to direct the process. An additional 20 children have purported parents with whom they can not be reunited because those adults have already been either removed from the United States or released into the country, which removes DHS and HHS's ability to force them to come get the children they claim are theirs.
Former officials in the HHS Office of Refugee Resettlement say its system is accustomed to serving teenagers who arrive in the USA alone, often knowing the name of a relative who could potentially sponsor them.