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Notes -
Presumably, to stay in the US as a minor, you require both (1) being allowed to stay in the US by the US gov (e.g. having asylum, citizenship or being tolerated) and (2) your legal custodian living in the US. In both of these cases, the subject of the custody battle was not a US citizen, so the federal administration had a lot more discretion. WP is not clear on how the custodial case for Walter Polovchak turned out and how federal courts became involved. The general vibe I get from both of these cases was that there was a lot more judicial oversight than in the present case.
Irreparable harm is unavoidable in custodial battles, sure, but I would argue that the proper place to decide how to minimize that harm is family court (which is supposed to take the child's best interests into account), not the whim of some ICE bigwig who is likely happy to fill another seat in the plane, citizen or not.
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