Friday, June 21, 2019

Who is Sarah Fabian, Sarah Bernadette Fabian the Justice Dept lawyer, attorney who wants children kept in unsafe, unsanitary cages?

Sarah B Fabian, attorney, lawyer, Department of Justice, court, immigrant, children, detained, cages, soap, toothbrush, toothpaste, safe and sanitary conditions, detention, family, history, biography, Dr. David Robert Fabian, Mary Ann Bestler Fabian, Kate, Matthew, Patrick Fabian, Benedict Bestler, Bernadeette Neis, aichelmann, major, mary cummins, california
BREAKING STORY. Check back for updates.

08/15/2019 Sarah Fabian loses. Link to opinion.

"The U.S. Court of Appeals in San Francisco on Thursday threw out the Trump administration’s challenge to a judge’s order two years ago that minors held at border patrol stations in the Rio Grande Valley in Texas should be provided with personal hygiene items as well as with proper sleeping conditions, reasonably comfortable temperatures, and adequate food and drinking water. The government was attempting to rewrite a 1997 agreement regarding the treatment of children in immigration detention.

“Assuring that children eat enough edible food, drink clean water, are housed in hygienic facilities with sanitary bathrooms, have soap and toothpaste, and are not sleep-deprived are without doubt essential to the children’s safety,” the appeals panel said in its ruling. “The district court properly construed the agreement as requiring such conditions rather than allowing the government to decide whether to provide them.”

Thursday’s decision follows a hearing in June at which Justice Department lawyer Sarah Fabian tried to persuade an at times incredulous panel that the district judge had overstepped her authority by enumerating specific sanitary requirements for detained children that weren’t specified in the 1997 agreement between the government and immigrant rights lawyers."

06/26/2019 Sarah Fabian tried to clarify her position in regard to immigrant children in custody. The government lost a 2017 case which found the government violated the 1997 consent decree known as the Flores Act. The Flores Act dictates how immigrant children are to be treated in custody. Fabian argued that the decree does not specifically enumerate those items, i.e. soap, toothpaste, as mandatory.

As a Justice Department lawyer, Fabian’s job involves defending the federal government in legal cases regardless of personal views on a given topic. Fabian had this to say to her Facebook friends.

“I will say that I personally believe that we should do our very best to care for kids while they are in our custody, and I try to always represent that value in my work,” Fabian writes. “A vast majority of the work that I do is not public, but I strive to help people by my participation in the process.” “I think I share many people’s anger and fear at times over the future of our country, and I want to work to make it better too.”

That said, Sarah Fabian knowingly chose to take this case for the government to argue those points. The goal of the litigation was to take away the rights of immigrant children to a bond hearing and proper care.

Here is the opinion/case that Fabian is appealing.

One issue appears to be allowing the children to have a bond hearing. "For example, the TVPRA allows children to be placed in secure detention facilities only if they pose a safety risk to themselves or others, or have committed a criminal offense." Sounds like these kids should not be in these detention facilities.

The settlement agreement deals with how immigrant children shall be held and treated. It mentions the very poor treatment of immigrant children in detention when they have a parent in the states who wants the child in their custody. The US government for some reason wants to keep these kids in detention. Whoever is running those $775/night detention camps has clearly donated a lot of money to politicians.

"The HSA grants ORR responsibility for ensuring that “the interests of the child are considered in decisions and actions relating to the care and custody of an unaccompanied alien child.” "Our nation’s “special obligation to ensure that these children are treated humanely and fairly.” "Like the
Settlement, the HSA and TVPRA emphasize placing children in the least restrictive environment, and require that the government ensure that they receive safe and appropriate care."

The final ruling in the opinion had to do with bond hearings and safe and appropriate care. The government was trying to strip immigrant children the right to a bond hearing and the right to be released from detention. Sarah Fabian tried to argue that there was no specific definition for safe and appropriate care. She argued that soap, toothpaste, clean clothes, being able to bathe are not specifically listed in the agreement so they are not mandatory. As the Judges stated during oral argument one assumes enough food, soap, toothbrushes, being able to bathe...are all considered "safe and appropriate care." The gov will lose the case. Can't wait to read that opinion.

"Thus, we hold that the statutes have not terminated the Flores Settlement’s bond-hearing requirement for unaccompanied minors. We therefore affirm the decision of the district court
granting plaintiffs’ motion to enforce Paragraph 24A of the Flores Settlement in its entirety."

ORIGINAL: Sarah Bernadette Fabian was born December 17, 1975. She is the oldest child of Dr. David Robert Fabian aka Dr. Deborah Rae Fabian, an orthopedic surgeon who worked in the military, and Mary Ann Bestler Fabian, a teacher. Sarah B Fabian's siblings are Kathleen "Kate," Matthew "Matt" and Patrick Fabian. Her brothers are married. Her father remarried to Leslie in 1991. Leslie wrote a book about Dr. Fabian. Dr. Fabian spoke out against the trans ban in the military.

Sarah B Fabian graduated from Amherst College in 1998. She graduated from George Washington University law school in 2004. She was admitted to the Massachusetts Bar in 2004, District of Columbia Bar 2007 and the US Court of Appeals for the Armed Forces. Currently Sarah Fabian works as a Senior Litigation Counsel for the U.S. Department of Justice Office of Immigration Litigation.

June 18, 2019 Sarah Fabian argued before the three judges on the bench, Judge Wallace Tashima, Judge William Fletcher, and Judge Marsha Berzon, in a courtroom in San Francisco, California. At issue was the 1997 Flores Settlement Agreement which addresses the treatment of minors in custody of the Department of Homeland Security. Fabian argued that children don't need soap, toothbrushes or toothpaste. The Court disagreed with Fabian.

I'm sure the US wanted a female attorney to argue this. They do the same with male rape defendants. Sarah Fabian didn't have to take the case. She could have passed. She took the case to get ahead? Sorry, but there's not enough money that would have made me take this disgusting case. Sarah has no problem being used by the government to harm immigrant children. She could have and should have passed on the case. This is now her disgusting legacy.

This is an appeal of the original 1985 case. Sarah Fabian has handled 123 cases in federal court since 2009. She's been handling immigration cases since 2011.

06/18/2019 40 ARGUED AND SUBMITTED TO A. WALLACE TASHIMA, WILLIAM A. FLETCHER and MARSHA S. BERZON. [11336177] (JMR) [Entered: 06/18/2019 03:35 PM]

Sarah Fabian is an Aunt to her brother's child. Her mother taught elementary school. She's been around babies, toddlers and children all of her life. Her family are immigrants from Germany on both sides. She's allegedly a Christian. How can immigrant children not need soap, toothbrush and toothpaste when American children need those things?

In Sarah's Facebook page this is her profile image. She cares about women's rights. She also cares for gay rights, trans rights and animal rights. Why not also care about the rights of immigrant children?

Previously Sarah Fabian was involved in the Justice Department litigation regarding separating children from their parents. The Court ordered Fabian to reunite the children. From that litigation.

"The fate of hundreds of children ripped from their migrant parents was still up in the air Friday, but a Trump administration lawyer working on the case has a side gig to attend to — dog-sitting.

At a hearing in San Diego Federal Court Friday, the Trump administration asked Judge Dana Sabraw to extend deadlines he set last month for officials to reunify the hundreds of migrant families separated because of its zero tolerance policy. The first deadline is July 10.

During the two-hour hearing, Sabraw asked Justice Department lawyer Sarah Fabian and a lawyer representing the American Civil Liberties Union about their availability over the weekend.

“We will do whatever. We will stay the weekend,” said the lawyer representing the ACLU, which successfully sued the Trump administration over its family-shattering practice last month.

Fabian said she had other obligations.

“I have dog-sitting responsibilities that require me to go back to Colorado but I will be back Monday,” she said, according to a transcript published by NBC News.

Dog sitting is more important than reuniting children with their parents.

Updated family tree below. Sarah Bernadette Fabian is an immigrant. Both sides of her family came from Germany. If someone treated her ancestors as poorly as she's treating these immigrants, Sarah Fabian probably wouldn't exist today. It's difficult to imagine that a child of immigrants would work hard to help the government harm immigrant children. Maybe she doesn't care because they're brown and not white. It looks like Sarah's family were German Christians.

Sarah B Fabian, attorney, lawyer, Department of Justice, court, immigrant, children, detained, cages, soap, toothbrush, toothpaste, safe and sanitary conditions, detention, family, history, biography, Dr. David Robert Fabian, Mary Ann Bestler Fabian, Kate, Matthew, Patrick Fabian, Benedict Bestler, Bernadeette Neis, aichelmann, major, mary cummins, california
One more generation back. Her family is from Germany. Were they fleeing poverty, famine, war? They were probably fleeing the same things the current immigrants are fleeing.

Mary Cummins of Animal Advocates is a wildlife rehabilitator licensed by the California Department of Fish and Game. Mary Cummins is also a licensed real estate appraiser in Los Angeles, California.

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