Judge approves settlement providing separated migrant families with housing, health care, work

Update:

• A federal judge in California preliminarily approved a settlement reached between the federal government and around 5,000 migrant families who were separated during the Trump administration. 
• The nonmonetary settlement will provide the migrant families with medical assistance, parole to temporarily remain in the United States and assistance with travel in certain instances. 
• Migrant families eligible to benefit from the agreement were separated under a “zero-tolerance” policy the Trump administration put in place. 
• Per the settlement, the Biden administration will continue working to reunify the migrant families and offer relief in the form of housing and authorization to work. 
• The settlement comes after a previous attempt failed in 2021, at which time Republican lawmakers argued the proposed agreement would cost the government too much. 

(Jan. 20, 2020)

A California federal judge has ruled that the Trump administration has the right to separate families at the Mexican border if there is a history of criminal activity in the parent’s background, even if the infraction is minor.

The judge’s opinion stated that in July 2017, the Trump administration started to separate migrant families at the border on the premise that it would deter immigration.

This policy was made public in May 2018 by the U.S. attorney general, who stated that any adult parents entering the country illegally would be criminally prosecuted and then separated from their children, according to the judge.

“In practice, the policy resulted in the indiscriminate separation of thousands of migrant parents and children, most of whom were seeking asylum from countries in Central America and many of whom entered the United States lawfully at designated ports of entry,” the judge wrote.

The judge noted that because of this policy, migrant parents who were criminally prosecuted were not reunited with their children because the Department of Homeland Security did not have sufficient systems in place to keep track of the children.

As a response to the new policy, the unnamed plaintiffs filed this class action lawsuit against the Trump administration due to the family separation practices of those attempting to enter the United States, both legally and illegally. 

In June 2018, the judge certified the class action, which included: “All adult parents who enter the United States at or between designated ports of entry who (1) have been, are, or will be detained in immigration custody by the DHS, and (2) have a minor child who is or will be separated from them by DHS and detained in ORR custody, ORR foster care, or DHS custody, absent a determination that the parent is unfit or presents a danger to the child.”

Despite the class certification and a preliminary injunction entered by the court, the DHS has continued its practice of separating families at the border if there is a question about parentage, if there is a parental criminal history or a communicable disease, or if the parent shows a danger to the children, according to the opinion.

The judge stated that the plaintiffs had thus filed a motion to enforce the preliminary injunction against the defendants.

The plaintiffs have argued that the right to family integrity, which is protected by the Due Process Clause of the Constitution, is at the center of this case. Also, the plaintiffs have alleged that the government of the United States does not have the right to separate parents from their children unless the parent is unfit or if there is a danger to the child, the judge wrote.

“What is disputed is whether, and to what extent, that right applies to the facts presented here, namely, to immigrant families taken into government custody while crossing the United States-Mexico border,” the judge expressed.

The judge ruled that the interests of the government go beyond the danger that a parent may present against his or her child. The judge also stated that the government interests expand to securing the nation’s borders and enforcing the criminal and immigration laws that are in place.

How do you feel about families being separated at the U.S. Mexico Border? Leave a message in the comments section below.

The plaintiffs are represented by Lee Gelernt, Judy Rabinovitz, Anand Balakrishnan, Bardis Vakili, Stephen Kang and Spencer Amdur of the American Civil Liberties Union.

The separated migrant families class action lawsuit is Ms. L., et al. v. U.S. Immigration and Customs Enforcement, et al., Case No. 3:18-cv-00428, in the U.S. District Court for the Southern District of California.

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