Upon hearing that Biden and his administration wanted to give $450k/person who was separated by Obama's family separation policy (notice the leftist media say it is trump's fault), the first thing that came to mind was how this would make illegals instant millionaires while many Americans struggle to get by-and this would create a new set of political power brokers in America. Granted illegals can't donate money to politicians directly; but they can donate to organizations who are engaged in engineering-such as we seen in Arizona's communist Lucha. My second and third thoughts was 1). That President Biden is behind the family court star chamber unlawfully destroying American families who are not being compensated. 2.) Many people are separated by their families through incarceration on false charges, and that they are often block from compensation due to qualified and sovereign immunity. For the Americans who have been denied their right to be made whole, they were not engaged in unlawful activity. Entering the united states illegally is well illegal.
The issue of qualified and sovereign immunity is a major issue, especially for black Americans who are routinely victimized/targeted by police. Black communities and families were devastated with Biden's crime bill act, but no one will be compensated for being arrested/imprisoned/separated for using a little weed. Effectively certain people are persona non-gratis in their own community, and the demographic of victims really depends on that community and the biases and political ambitions of its officers, and judges tend to always side with the officers. Additionally illegal immigrants are winning the lottery that was rigged by Biden, while Black Americans who have been calling for reparations for decades are being ignored. Biden pits America last, including Black America. People were rioting and burning down cities after years of cops being given qualified immunity for their murders against black America, and George Floyd was the straw that broke the Camels back. Biden hasn't called to end qualified immunity, but carved out an exception, by waiving sovereign immunity, if the victims aren't even citizens. Waiving Sovereign immunity is grounds to disbar AG Garland, and grounds to impeach both Garland and Biden for dispensing the law. The AG, even if nominated by Biden and works under him, has a professional and legal duty to represent the legislature including the laws that they personally disagree with. If the illegals should be compensated, that that should come through a legislative act.
So really this is a smack in the face to the thousands of Americans falsely arrested a year who will likely have to suffer the rest of their lives with issues of poverty, and discrimination socially, in academics, in housing, and employment. And certainly being one of those people, I been tempted to file for leave to intervene to dismiss the suit-but the court would just dismiss it. In researching, one of the suits is https://www.courtlistener.com/docket/16289077/aiil-v-sessions/">a.i.i.l v sessions; their suit includes naming a prosecutor (Jeff "deep state" Session) for prosecuting illegals for which he has absolute immunity, and other actors, and the United states back in November, 2020 filed two motions to dismiss. Instead of letting the court rule on the motion to dismiss, the Biden administration has been trying to negotiate a settlement and the case has been moved into Abeyance back in May of 2021. a 60 day abeyance was ordered back on June 1rst, 2021. A second motion/order for an Abeyance of 60 days was granted for August 16th. A third motion has been filed, but the court has not ruled on it yet. Opposition to the motion are defendants sued in their individual capacity who have continuously protested additional abeyances, when they are not part of the settlement in the official capacity claim, that nearly a year after their motion to dismiss still hasn't been ruled on because of the Abeyance orders, and such a ruling should result in dismissal. Prior to reading the court docket and claims, I had thought about filing a 14th amendment claim. Certainly during my false arrest, I was separated from my parents and siblings. But it appears, that the courts are looking at minor children so a 14th amendment claim seems out of the question for me...but not necessarily others.
Can I afford an attorney capable of doing the job if there was similarity? That is arguable, assuming it is possible. But the alternative venue is to hire an attorney on a contingency basis. They agree to work for "free", but they often want 20-40% of the reward. Typically it might be 33%, and reasonable expenses.
Do you think that these illegal immigrants who filed suit against the USA could hire an attorney? There are many countries in Europe friendlier to immigrants, and might speak a more common language. So what I initially suspected is you have leftist groups like the aclu who are representing them, and upon a settlement will likely get their attorney fees back and a contingency of 333 million dollars. So I thought that this was a gift of hundreds of millions of dollars from the Biden administration to liberal advocacy groups without congressional approval. Only it appears that the ACLU doesn't work on a contingency basis; they are "pro-bono". But the ACLU does try to collect prevailing party attorney fees, so its not what I'd really call pro bono work. If the Biden administration wanted, they could have settled long ago or just let the court properly dismiss the suit. Instead they are choosing to drag this out; they are likely choosing to drive up the attorney hours to effectively achieve a backdoor financing of ACLU through their staff and volunteer attorneys, paralegals, and other volunteers.
Determining a fee award involves calculating the “lodestar figure” by multiplyingthe number of hours reasonably expended on the litigation by a reasonable hourly rate. Fischer v. SJB-P.D. Inc., 214 F.3d 1115, 1119 (9th Cir. 2000).
What is a reasonable federal attorney hourly fee in Arizona? Probably a lot, and the staff attorneys may try for, and fail, D.C Laffey rates which are likely higher. And what is reasonable hours and expenses when you may have staff traveling [vacationing] all over latin and south America to find defendants, and trying to maintain communications and communicate with clients, conduct discovery, open records, etc.
But wouldn't prevailing on the motion to dismiss and appealing make the ACLU more money. Well appeals tend to drive up costs, and they could file appeals for years until they reach a settlement. But there is the chance that the government would ultimately win, especially with our scotus, and the ACLU might have to pay the government instead.