Hogan Lovells, Migrant Families Sue Government Over Trump-Era Family Separation Policy

Official White House Photo

The Trump administration adopted a policy of separating migrant families at the U.S./Mexico border in an attempt to deter future migrants.  The policy officially ended after a national uproar but some family separations reportedly continue.

Brad Kutner for the National Law Journal reports that the law firm Hogan Lovells (see press release) filed suit in federal court against the U.S. government liable for emotional distress resulting from the Trump administration’s policy of separating families at the border.

The lawsuit, filed in the U.S. District Court for the District of Arizona yesterday on behalf of separated families claims that the separations violated their constitutional rights and left families emotionally scarred:

“The claims seek damages for intentional infliction of emotional distress under the Federal Tort Claims Act. An earlier suit recently survived a motion to dismiss from the government after another separated family linked poor treatment and Trump’s own words to the actual malice standard required to overcome a sovereign immunity defense. 

The filing comes after attempts at a settlement between separated families and the government broke down last December. According to reports, rumored payments of as much as $450,000 per family led conservatives to pounce on the consensus effort as another weak immigration policy by President Joe Biden.”

KJ