Settlement over Trump family separations at the border limits future separations for 8 years
SAN DIEGO ( AP) — The federal government would be barred from immigration policies that separate parents from children for eight years under a proposed court settlement announced Monday that also provides families that were split under the Trump administration with temporary legal status and short-term housing aid.
The settlement between the Biden administration and the American Civil Liberties Union, if approved by a judge, would at least temporarily prohibit the type of “zero-tolerance” policy on illegal immigration under which former President Donald Trump separated thousands of families at the border with Mexico.
“It is our intent to do whatever we can to make sure that the cruelty of the past is not repeated in the future. We set forth procedures through this settlement agreement to advance that effort,” Homeland Security Secretary Alejandro Mayorkas told The Associated Press.
Trump, the front-runner for the Republican presidential nomination, hasn’t ruled out reviving the highly controversial tactic at the southern border if he wins next year’s election.
His administration separated children from their parents or guardians they were traveling with as it moved to criminally prosecute people for illegally crossing the border. The children, who could not be held in criminal custody, were transferred to the Department of Health and Human Services and then typically sent to live with a sponsor, often a relative or someone else with a family connection.
Faulty tracking systems caused many to be apart for an extended time or never reunited with their parents. Facing strong opposition, Trump eventually reversed course in 2018, days before U.S. District Judge Dana Sabraw in San Diego halted the practice and ordered immediate reunification in the lawsuit brought by the ACLU.
During a CNN town hall in May, Trump was noncommittal on whether he would again separate families if elected. “When you say to a family that if you come we’re going to break you up, they don’t come,” he said when pressed.
Lee Gelernt, lead counsel for the ACLU, said the ban on any future attempts to separate families as a deterrent to illegal immigration was crucial.
“This settlement means that babies and toddlers will finally get to see their parents after years apart and that these suffering families will have an opportunity to seek lawful status,” he said. “Nothing can make these families whole again but this is at least a start.”
Under the settlement, it would still be possible to separate children from parents or guardians, but under limited scenarios, as has been the case for many years.