An anxious mother, detained in a separate facility from her son, is informed that authorities had lost track of him.  A devastated father is deported without his child.  A crying child is ripped from his father’s arms and put into a cage-like metal cell.  These Proskauer clients – all escaping violence in Central America – suffered those horrors not in their home countries but in the country where they sought asylum, in the United States.

Beginning in 2017 as a pilot project, the U.S. government began splitting thousands of families in an effort to deter immigration across the southern border.  The practice became official in 2018 through the government’s “zero tolerance” policy which called for the detention and prosecution of all individuals – including those seeking asylum – who crossed the border anywhere other than an official port of entry.

While national outrage prompted an official end to the policy, the government did not stop, and to this day continues to separate families.  In total, over 5,500 children have been separated from their parents since 2017, at least 1,100 of whom were separated after the policy officially ended.  Tragically, the parents of 666 separated children still have not been found.

Working alongside Freedom Now, a nonprofit organization dedicated to advocacy for prisoners of conscience around the world, Proskauer obtained a victory before the United Nations Working Group on Arbitrary Detention (the “Working Group”) for our client, Shakthika Sathkumara, an award-winning author who had been detained by Sri Lankan authorities for the publication of a fictional short story.

Our petition to the Working Group alleged that Mr. Sathkumara’s detention was arbitrary and therefore impermissible under international law. As such, we requested that the Working Group direct the Sri Lankan government to cease its prosecution of Mr. Sathkumara’s case and end all restrictions imposed upon Mr. Sathkumara’s freedom of movement.