published Jun 6, 2018, 7:11:17 PM, by Erik Larson
(Bloomberg) —
A federal judge denied the Trump administration’s request to throw out a lawsuit over its practice of separating migrant parents and children who want to enter the U.S., handing an early victory to civil rights activists who say Attorney General Jeff Sessions’s policy is unconstitutional and cruel.

U.S. District Judge Dana Sabraw in San Diego on Wednesday denied a motion to dismiss the suit, filed by the American Civil Liberties Union on the grounds that separating undocumented families at the border violates their due process rights. The government argues the practice is necessary to properly prosecute adults who cross into the U.S. illegally.

The case is L v. U.S. Immigration and Customs Enforcement, 3:18-cv-00428, U.S. District Court, Southern District of California (San Diego).

To contact the reporter on this story: Erik Larson in New York at elarson4@bloomberg.net To contact the editors responsible for this story: David Glovin at dglovin@bloomberg.net Elizabeth Wollman, Peter Blumberg
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