These parents have, according to DHS officials, been fitted with electronic monitoring bracelets and released into the United States because they brought children with them, illegally, across the US border.
One child whose parents' location is unknown may not actually be an immigrant, according to the filing.
The Justice Department has asked for more time to reunite parents - or to be excused from reuniting those who are deemed unfit - but Sabraw did not rule on that request Monday.
Of the almost 3,000 migrant minors who were separated from their parents and placed in federal custody, the Trump administration says at least 102 are under 5 years old.
The American Civil Liberties Union received the list of the names of the almost 100 children under the age of 5 who were separated from their parents at the border, according to a group spokesman.
A June 26 court order stemming from a lawsuit filed over the Justice Department's "zero tolerance" policy - which led adults and children to be separated when apprehended crossing the border - gave the government two weeks to reunite children under the age of 5 with their parents, and one month for all others. The administration cited difficulties locating dozens of the youngest children's parents, including at least 19 who had already undergone deportation proceedings.
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On Sunday, the prime minister, Shinzo Abe, said efforts to locate those still stranded had turned into a "race against time ". The Japanese Government set up an emergency office over the weekend, designed for crises such as major earthquakes.
Some parents now ineligible for reunification could be eligible later, including one in ICE custody who is being treated for a communicable disease and 10 in criminal custody with either the U.S. Marshals Service or state or county law enforcement. "This is a cruel and harmful policy that was aggravated by the Administration's lack of basic humanity in thinking ahead of time about how it would bring these families back together".
For almost one month Perez knew nothing about her children - "the longest, most torturous time of my life", she said. Yet in a disturbing investigation published Monday, BuzzFeed News has found that to not be the case, detailing the stories of several women who say they were ignored, roughly handled, shackled around the belly, and denied urgent medical care - even as they were miscarrying their children. Before the parent-child separations became widespread, the government operated three family detention centers with bed space of about 3,300.
Other areas of disagreement include whether fingerprint checks should be run on other adult members of the household and parent participation a legal orientation program should be required before release.
"This is real progress, I'm optimistic that many of these families will be reunited tomorrow", he told the courtroom. Some parents of the children have already been deported; others are still in criminal custody; others are undergoing background checks. Fabian said, arguing their hands are tied by logistics.
The government has reportedly struggled to offer exact information about the number of children separated from their parents. Some parents are not eligible, the government said, because they have criminal records, were deemed to be unfit or, in one case, have a communicable disease.
Gelernt, the ACLU lawyer, said in court that the government had taken "significant steps" to reunite families but should be moving more quickly.