Arguing in a San Francisco court, administration said that they did not violate a precedent set by 1985 lawsuit, Jenny Lisette Flores v. Edwin Meese, which created rules re: releasing of migrant minors to parents, saying that those not released must be kept 'safe and sanitary.' On Tuesday, Justice Department's Sarah Fabian claimed that the ruling did not list specific requirements.
U.S. Circuit Judge Marsha Berzon: 'You're tell us that being able to sleep isn't a question of safe and sanitary conditions?'
U.S. Circuit Judge William Fletcher: 'Are you arguing seriously that you do not read the agreement as requiring you to do anything other than what I just described: cold all night long, lights on all night long, sleeping on concrete and you've got an aluminum foil blanket? I find that inconceivable that the government would say that that is safe and sanitary.'