It's covered in the 26 page decision the judge handed down.
"Since the beginning of this case, Plaintiffs have argued the right to family integrity is protected by the Due Process Clause of the Constitution, and the government may not separate a parent from his or her child absent a showing the parent is unfit or presents a danger to the child. The first of these arguments is not disputed."
Due process is covered by the 14th Amendment...
Due process also prevents you from being jailed while awaiting trial unless there are exigent circumstances.
i would argue that any parent trying to illegally smuggle their child across a dangerous border passing displays poor judgement and is unfit
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