Separations at border would end for 8 years under court settlement
- Proposed settlement reached in lawsuit over family separation policy
- Immigration practice would be barred for eight years
- Judge needs to give final approval to the agreement
FILE: This photo from Jan 14, 2020, shows the border wall system in Santa Teresa, New Mexico, in the state’s 2nd Congressional District, which Republican Yvette Herrel won during the Nov. 3, 2020 election. (CBP)
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(NewsNation) — The federal government would be barred for eight years from continuing Trump-era immigration policies that separated families at the border under a proposed court settlement announced Monday.
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.
“When we brought this lawsuit, no one thought it would involve thousands of children, take us to so many countries searching for families, or last for years,” said Lee Gelernt, deputy director of the ACLU’s Immigrants’ Rights Project and lead attorney in the lawsuit. “While no one would ever claim that this settlement can wholly fix the harm intentionally caused to these little children, it is an essential beginning.”
The ACLU filed the lawsuit in 2018.
Under the proposed settlement, families who were separated at the border will gain access to benefits such as work authorization, housing and legal assistance and medical services, according to the ACLU. The government will also fund families’ reunification and provide a pathway for them to seek asylum.
The proposed settlement would cover and estimated 4,500 to 5,000 children and parents who were separated.
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. They include if the child is being abused or the parent committed a much more serious crime than crossing the border illegally.
Homeland Security Secretary Alejandro Mayorkas said in a statement the settlement “reflects the Biden-Harris Administration’s unwavering commitment to reunify families who suffered because of the prior Administration’s cruel and inhumane policy, and our steadfast adherence to our nation’s most dearly held values.”
Migrant groups nationwide have reacted favorably to the proposed settlement, but advocates said they want more reparations for the affected families.
Now that the government and the ACLU have agreed on a settlement plan, the judge will hold a hearing to decide whether to accept it. Before that, people opposed to the settlement can raise objections to the judge.
The Associated Press contributed to this report.
