The federal government will have to weigh in on the fate of three siblings who were born in Mexico but who are fighting to remain in the United States without their parents and against their mother’s wishes. They have gained asylum in the United States despite their mother’s legal efforts to win their return under the Hague Convention on the Civil Aspects of International Child Abduction.
The federal government’s new role in the case is the outcome after the U.S. Court of Appeals for the Fifth Circuit earlier this month vacated its previous ruling but kept intact the portion of its decision overturning a district court order that would have sent the children back to Mexico and their mother. The Fifth Circuit has remanded the case to the trial court and ordered the federal government—previously not a party in the case—to participate in a retrial.
