- “The court once again rejected the Trump administration’s efforts to undermine this critical settlement and made clear these families must have an opportunity to get the services they need and to remain together.” – Lee Gelernt, lead attorney in the family separation lawsuit
SAN DIEGO — A federal court has ordered the Trump administration to reinstate services for families separated at the border, ruling that the government violated a 2023 settlement agreement when it abruptly terminated contracts with organizations providing legal and social support, according to the American Civil Liberties Union (ACLU).
In 2018, the ACLU challenged the administration’s family separation policy in Ms. L v. ICE on behalf of thousands of children who had been forcibly taken from their parents during Donald Trump’s first term.
The ACLU said the case cited violations of the Constitution’s due process clause, federal laws protecting asylum seekers, and the government’s own directive to keep families intact.
The settlement agreement took effect in December 2023 under U.S. District Judge Dana Sabraw. The ACLU noted that during the ruling, Sabraw said that among the hundreds of lawsuits resolved by the civil rights organization, Ms. L v. ICE had been the most significant.
The settlement covered nearly 5,000 children and their parents. It required the U.S. government to identify all separated families, pay for their reunification, and guide them in seeking asylum. The ACLU said the settlement also required the government to provide families with benefits to help them “get on their feet,” including work authorization, legal assistance, and medical services.
In addition, the settlement barred the government from reimplementing the zero-tolerance policy that had separated thousands of families, for the next eight years.
Lee Gelernt, lead attorney in the family separation lawsuit, described the 2023 settlement as crucial in closing “one of the darkest chapters of the Trump administration.” He acknowledged, however, that the agreement alone could not undo the “unfathomable damage” caused to families, many of whom remained separated years later.
“While this settlement alone can’t fix the unfathomable damage done to these children, it does provide hope and support that didn’t exist before,” said Gelernt. “No family should be forced to go through this nightmare and tragedy ever again.”
Earlier this year, the Trump administration terminated contracts with the Acacia Center for Justice and Seneca Family of Agencies, which provided legal guidance, counseling, and other critical services to separated families, despite the 2023 agreement.
In June and July, Judge Sabraw ruled that the Trump administration had no right to avoid its obligations under the settlement, and that these abrupt terminations amounted to a breach of the agreement.
The ACLU said Sabraw’s order earlier this week provides a six-month extension for families to access behavioral health care, medical assistance, legal services, and housing support. He also approved a one-year extension of key deadlines, including registration and final service dates.
The court further extended parole and work authorization grants for those impacted by the breach, ensuring they remain valid for an additional six months once Acacia and Seneca resume services. These deadlines extend the administration’s compliance obligations deep into 2030, according to the order posted by the ACLU.
The remedies are designed to make up for lost time by extending deadlines and ensuring uninterrupted access to essential services for separated families.
Gelernt emphasized that the federal court’s latest decision is an important victory for families. “The court once again rejected the Trump administration’s efforts to undermine this critical settlement and made clear these families must have an opportunity to get the services they need and to remain together,” he said.
With Sabraw’s ruling, the court reaffirmed that the government’s obligations to separated families cannot be disregarded, even amid attempts to evade court orders. The order gives families the opportunity to rebuild and stabilize their lives through protections guaranteed under the settlement.
As of now, advocates including the ACLU view the decision as both a legal and moral victory, stressing that justice for families affected by the breach is long overdue.
Follow the Vanguard on Social Media – X, Instagram and Facebook. Subscribe the Vanguard News letters. To make a tax-deductible donation, please visit davisvanguard.org/donate or give directly through ActBlue. Your support will ensure that the vital work of the Vanguard continues.
