Settlement Agreement Reached for Trump-Era Separated Families

On October 16, 2023, the United States reached a settlement in a class action lawsuit filed in 2018 on behalf of parents and children separated at the U.S.-Mexico border. Under the proposed court settlement, the federal government would be barred for eight years from implementing “zero tolerance” immigration policies which previously separated thousands of parents from children.

In 2018, the lead plaintiff filed a complaint in the Southern District of California, asserting she had been unlawfully separated from her child. The American Civil Liberties Union (ACLU) later filed an amended complaint adding class action claims, stating the separation of families was a violation of the asylum statute and a violation of substantive and procedural due process. The district court subsequently certified a class of separated parents and issued a preliminary injunction prohibiting future family separations, except in certain specified circumstances. The court also required the reunification of families previously separated.

The settlement also provides for continued family reunification and certain support services for separated families, including housing assistance for up to a year, certain medical coverage designed to address some of the trauma associated with the separations, and access to legal services. The proposed settlement would allow authorization for parents and separated children to come to the United States under humanitarian parole for three years. The settlement does not involve the payment of monetary damages. Those who believe they are class members may submit claims of class membership to the Family Reunification Task Force through the together.gov website. The proposed settlement agreement is subject to final approval by the district court after notice to the class and an opportunity to object.