This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.
Subscribe to the Daily Journal for access to Daily Appellate Reports, Verdicts, Judicial Profiles and more...

Immigration

Jan. 26, 2024

Former Homeland Security chief can be questioned about family separation

“Given the abundance of evidence produced, in this case and in related litigation, indicating that the actual intent of the Zero Tolerance Policy was to separate families to deter illegal immigration,” the bad faith element required to justify deposing former Secretary Kirstjen Nielsen is met, U.S. Magistrate Judge Kandis A. Westmore wrote in her order Wednesday.

Three Bay Area families suing the U.S. Department of Homeland Security over the Trump administration’s “zero tolerance” immigration policy can depose the agency’s former secretary, a federal judge in Oakland ruled.

However, the judge said the plaintiffs must modify their subpoena order to require a written deposition rather than an oral deposition. “As Secretary Nielsen acknowledged at the [motion to quash] hearing, deposition by written ...

To continue reading, please subscribe.
For only $95 a month (the price of 2 article purchases)
Receive unlimited article access and full access to our archives,
Daily Appellate Report, award winning columns, and our
Verdicts and Settlements.
Or
$795 for an entire year!

Or access this article for $45
(Purchase provides 7-day access to this article. Printing, posting or downloading is not allowed.)

Already a subscriber?

Enewsletter Sign-up