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Settlement in Family Separation Case

Official White House presidential portrait. Head shot of Trump smiling in front of the U.S. flag, wearing a dark blue suit jacket with American flag lapel pin, white shirt, and light blue necktie.

Photo courtesy of Wikimedia Commons

In a controversial move, President Trump separated families at the border in an effort to deter migration.  Legal challenges followed and the family separation policy was quickly abandoned.  Yesterday, the American Civil Liberties Union announced a settlement in a lawsuit on behalf of thousands of children and parents who were forcibly torn from each other under the Trump administration’s  zero-tolerance practice of separating families at the border.

The “Details of the settlement announced today” as summarized by the ACLU:

  • An estimated 4,500-5,000 children and their parents will be covered under this settlement.
  • The government will continue to identify families that were separated, fund their reunification in the U.S., and provide a pathway for them to seek asylum here.
  • Families will have access to benefits to get them on their feet, such as work authorization, housing and legal assistance, and medical services.
  • An essential component of the settlement is the government’s agreement that it could not reenact the zero-tolerance policy moving forward.

Anthony D. Romero, executive director of the American Civil Liberties Union: “The ACLU has settled hundreds of lawsuits in our 103-year history, but none more important than this one. To America’s enduring shame, we tore children from the arms of their families to enact a xenophobic agenda. This settlement closes the darkest chapter of the Trump administration, but as welcomed as it is, the damage inflicted on these families will forever be tragic and irreversible.”

The ACLU challenged the policy in its Ms. L v. ICE lawsuit and won a nationwide injunction in 2018 that ended the family separation practice. The ACLU has worked to reunify families ever since.  The settlement agreement can be found here.  Here are pleadings in the case.

KJ

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