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With the risk of government blowback erased, Zachary Blake put the finishing touches on his civil complaint against the Department of Homeland Security, Immigration and Customs Enforcement Agency, Department of Health and Human Services, various officers of these government agencies, multiple senior officials in the Golding Administration, and various other departments and department heads. The multi-count complaint, filed in Federal District Court, sought unspecified damages on behalf of Emma and Emilio Gonzalez and their parents for ‘cruelly and inhumanely’ separating them in Michigan, false arrest, false imprisonment, negligent application and enforcement of existing laws, intentional and negligent infliction of emotional distress, and conspiracy to commit all of those acts.

The complaint sought class-action status and invited the ACLU and thousands of similarly situated families to join the litigation. The complaint accused the Golding Administration, defendant agencies and officials, of ‘tearing children from their parents’ arms’ without explaining and tracking their whereabouts. Many families have been separated indefinitely, with no prospect of discovering their respective locations.

The complaint contained detailed facts about Emma and Emilio’s ordeal, citing key statistics differentiating the Golding Administration from previous presidential administrations, both Republican and Democratic. Prior to the John and Golding Administrations, family separations anywhere were exceedingly rare and only based upon a parent being declared a danger to the child or a parent’s medical emergency. Zack and his team alleged that all of this changed when Ronald John took office five years ago. At all levels of government, the accused defendants conspired together to violate the law and the United States Constitution by ordering forcible family separations and arresting innocent people in violation of the Fourth Amendment and the Immigration and Nationality Act. The complaint further accused the various defendants of planning these widespread family separations and incarcerations unlawfully, for no legitimate reason, and notwithstanding that family separation does irreparable psychological and physical damage to both children and parents.

Zack and his team accused all defendants of deliberately or negligently inflicting pain, suffering, and extreme emotional distress against these plaintiffs, to deter them from seeking asylum or other appropriate immigration relief in the United States. According to the complaint, the children and parents were held in punitive, separate conditions, which included being provided no means of communication with their parents for months. Parents had no idea where their children were or whether they were alive. If alive, were they being properly cared for? The complaint further alleged that Emma and Emilio were not provided treatment for separation anxiety to address the fear, isolation, abandonment, and other lasting effects of their separation and confinement.

In addition, Zack accused all defendants of failing to take proper steps to protect the children, keep tracking records of whereabouts of family members and family units, or mitigate plaintiffs’ suffering while in government custody. Parents and children now suffer from, among other things, fear, anxiety, trouble sleeping, nightmares, headaches, increased risk of mental health disorders and conditions, and other forms of extreme and lasting trauma.

The complaint also took the extraordinary step of using the government’s reporting systems against the various defendants. A recent report of the Health and Human Services Office of the Inspector General issued a report—attached to the complaint as an exhibit—that “intense trauma was common in incarcerated family members who had been unexpectedly separated.”

Quoting directly from the report, Zack alleged that separated family members, especially children, exhibited more fear, feelings of abandonment, post-traumatic stress, and feelings of anxiety than did children who were not separated. In particular, Emma and Emilio suffered from ‘acute grief, causing them to cry suddenly, inexplicably, and inconsolably’ out of concern that this might happen again or that they did something to cause these traumatic events.

The complaint sought damages for Fourth Amendment Violations—unreasonable seizure of parents and children, Fifth Amendment Due Process Violations—right to hearing before incarceration or separation and the fundamental right to family integrity, Fourteenth Amendment Equal Protection Violations—preventing discrimination based on ethnicity or national origin, and other violations of plaintiffs’ civil rights.

The complaint finally alleged that these plaintiffs could never fully be made whole, but justice and fairness require that they receive redress for their pain and suffering. The complaint sought compensatory and punitive damages, costs, and attorney fees.

The self-proclaimed ‘master of the media’ issued a press release indicating the precise day and time he intended to file the complaint. He also promised a press briefing immediately after filing the complaint. After doing exactly what he promised, Zachary Blake stood at a podium, flanked on both sides by the Gonzalez family, Marshall Mann, and Amy Fletcher, who was getting a lesson in publicity, Zachary Blake style. Zack tapped on the microphone in front of him, leaned forward, and asked for quiet. The raucous crowd of local and national reporters slowly gave him their attention.

“Ladies and gentlemen of the press, thank you for coming. I am Zachary Blake, a local Detroit area attorney, for those of you who don't know me. These are my clients, Miguel, Mary Carmen, Emma, and Emilio Gonzalez. That handsome old guy to my far left is Marshall Mann, and the young lady to his left is Amy Fletcher. These are the brilliant attorneys who handled this family’s recent asylum claim.

“Today, sadly, I was compelled to file a ten-figure federal lawsuit against the Golding Administration, various agencies in charge of the immigration system in our country, and numerous government officials who conspired to deprive my clients of various constitutional rights. Copies of the rather detailed complaint have been made available to you members of the press. I won’t waste time telling you what you can read or what you already know.

“This family was literally torn apart by our government, despite the fact that two of its members are American citizens. The push to divide us, citizen against non-citizen, Caucasian against a person of color, rich against poor, is threatening our democracy and the very foundation of our society. This lawsuit represents an attempt to shine the light of justice on these efforts. We seek to assure that violations of our civil rights, especially by our own elected officials, do not go unpunished and, indeed, come at a high cost. What cost, you ask? I strongly believe that the price must be high enough to prevent this behavior from ever being repeated in our great country.

“I have invited other attorneys and citizens to join our litigation. I am uncertain whether they will or how many, but the aim of this litigation is “never again.” Never again should parents be separated from their kids. Never again should children be flown across the country and locked in a cage, not knowing whether they will ever be reunited with their parents. Never again should a government agency issue and exercise a warrant for one stated purpose when its true purpose is something else entirely. Never again should an American citizen, especially a child, be imprisoned without due process. Attorneys for the government have already reached out to me in conciliation. They seek private mediation of our grievances. They have pledged to take our complaint seriously, redress our clients’ serious damages, and address the behaviors that caused those damages.”

Zack smirked. “As most of you know, I am very shy and retiring. I like to pursue my cases in private. I’m very hesitant to seek out publicity and prefer to stay out of the limelight,” he deadpanned. Laughter filled the room—Zack stood at the podium and patiently waited until things quieted.

“I plan to take the government up on their offer. My goal is to seek just compensation for my client and others who choose to join our crusade without long-term harm to our country, its government, and our system of justice. I am cautiously optimistic we can accomplish these goals. The government knows me, knows I mean business, and knows I fight for my clients.

“If we cannot agree on a just resolution, know this: I will take this case to trial, fight tooth and nail for my clients, and emerge victorious. I have taken on the government before. They know they have a huge fight on their hands. I take cases to trial—I only settle cases if offers are consistent with the results I expect at trial. If the government takes conciliation, mediation, and settlement seriously, they will find a willing partner in Zachary Blake. If they do not . . . we will fight for our clients’ rights all the way to the United States Supreme Court, if necessary. I am happy to answer questions . . .”

The press peppered him with questions. Zack and his clients stood on the makeshift platform until the last question was asked. The conference was vintage Blake. Public opinion was sharply in favor of Zack’s clients and crusade. Almost everyone in America was aware of the crisis and constitutional violations. As usual, Zachary Blake had created a climate conducive to outstanding results.