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Why a Government Lawyer Argued Against Giving Immigrant Kids Toothbrushes



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Arguments before the United States Court of Appeals are usually dry, esoteric, and nerdy. What would it take to make one go viral? This week, in a clip that launched a million angry Facebook posts, we found out. It took a lawyer for the United States telling a panel of incredulous Ninth Circuit judges that it is “safe and sanitary” to confine immigrant children in facilities without soap or toothbrushes and to make them sleep on concrete floors under bright lights.
This assertion generated widespread outrage. Sarah Fabian, the senior attorney in the Department of Justice’s Office of Immigration Litigation who uttered it, was instantly excoriated online. As fate would have it, the clip of her argument went viral at the same time as a new wave of reports of brutal and inhumane conditions at immigrant confinement centers. It also immediately followed the raucous debate over Representative Alexandria Ocasio-Cortez referring to the confinement centers as concentration camps. The juxtaposition suggested, misleadingly, that the Trump administration was explicitly justifying the worst sorts of child mistreatment we were seeing on the news.

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