A US federal judge has ordered an eight-year prohibition on the separation of migrant children from their families. This follows a recently approved settlement, dubbed the “Mrs. L” deal, that allows for reunification of migrant children and their families previously separated at the US-Mexico border.
This legal victory comes as a result of a lawsuit against US Immigration and Customs Enforcement and other government entities involved in implementing the controversial 2018 family separation policy under the Trump administration. The policy led to the separation of children from their caregivers if they did not have documentation at the border.
The settlement promises that the federal government will facilitate real reunifications. For certain class members and other family members, they will be returned to the US to facilitate reunification, funded by the US government. Additionally, housing and medical costs for the reunited families will be catered for under the settlement.
The lawsuit was originally filed by the American Civil Liberties Union (ACLU) on behalf of a Congolese woman who had been separated from her seven-year-old child in 2017 at the San Diego border crossing point. The ACLU argued that the policy of family separation violated the Administrative Procedure Act, the Asylum Statute, as well as the Due Process Clause of the US Constitution.
Despite the resolution brought about by the settlement, it is estimated that approximately 1,000 migrant children remain separated from their caregivers. In addressing criticism, former President Trump claimed the ‘zero-tolerance’ policy was set to serve as a form of deterrence. This approach, however, was found by the UN to be in violation of international human rights laws.