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The State of New York plans to sue the Trump Administration over its family separation policy, according to Gov. Andrew Cuomo.

The state believes that the federal government is violating the Constitutional rights of thousands of immigrant children and their parents separated at the border.

Gov. Cuomo instructed the state’s Health Department, Office of Temporary and Disability Assistance and the Office of Children to start a legal action against the federal government to protect the health and well-being of immigrant children.

The State of New York called the federal government’s practice separating immigrant children from their parents “callous and inhumane.” Currently, the federal government is holding more than 70 immigrant children in different shelters across the state.

The State of New York noted that the federal government is systematically detaining and separating families seeking protection from gang violence. In some cases, the parents were deported immediately. Thus, they had no opportunity to make decisions regarding the care and custody of their children. Under the U.S. Constitution, these parents have rights to familial integrity and to exercise their parental rights in the state.

Trump admin’s policy of separating families is a “moral failing”

In a statement Tuesday, Gov. Cuomo said, "The Trump Administration's policy to tear apart families is a moral failing and a human tragedy.”

In addition, the governor stressed that they will not tolerate the federal governments violation of the Constitutional rights of children and their parents.

Furthermore, Gov. Cuomo said, “New York will act and file suit to end this callous and deliberate attack on immigrant communities, and end this heartless policy once and for all."

Earlier on Tuesday, the Gov. Cuomo released an open letter to Vice President Mike Pence and expressed his criticism against the zero-tolerance policy. The governor wrote that the policy is an assault to the American values. It also showed that the Trump administration forgot what made America great.

Currently, the Trump administration if facing a mounting criticism and pressure to end its zero-tolerance policy.

Yesterday, Gov. Cuomo announced that he will not deploy National Guard troops to the border.

Earlier this month, Gov. Cuomo demanded a federal investigation into ICE agents’ “disgraceful and illegal tactics” when arresting immigrants.