Federal Judge Rules Deportations of Separated Migrant Families Unlawful

A federal judge has mandated the return of three migrant families to the U.S., citing that their deportation under the family separation policy during former President Trump’s administration was unlawful. U.S. District Court Judge Dana Sabraw’s decision came after examining the violations of a court settlement aimed at awarding benefits to individuals impacted by the controversial policy.

Introduced during Trump’s first term, the policy resulted in the forced separation of families at the U.S.-Mexico border. It was discontinued in 2018 following numerous legal challenges and widespread public dissent. In 2023, the Biden administration established a settlement agreement to provide support to affected families and curtail future occurrences.

Judge Sabraw, appointed by George W. Bush, emphasized that while the Settlement Agreement does not preclude the enforcement of U.S. laws, the deportations contradicted the agreement’s objective to reunite separated families. He highlighted that the removals involved unethical tactics, such as coercion and deception. This conduct, Sabraw concluded, rendered the settlement’s benefits meaningless for these families.

Lee Gelernt, an ACLU attorney advocating for separated families, praised the ruling, stating, “The Trump administration not only cruelly separated these families during the first term but now is again deporting and re-separating these same families.” He welcomed the decision to order the government to facilitate the return of these families at its own expense.

Sabraw’s ruling includes detailed instances of wrongful deportation, involving mothers affected by the separation policy. One mother, separated from her 5-year-old daughter in 2018, faced pressure from Immigration and Customs Enforcement (ICE) to self-deport. The pressure allegedly escalated to threats of placing her children in foster care or adoption, as per her court declaration.

The judge concluded that this family and two others were unlawfully removed despite their immigration parole status. Additionally, he noted the government proceeded with deportations despite a previous order to halt such actions for families eligible for settlement benefits.

The Department of Homeland Security, through spokeswoman Tricia McLaughlin, expressed disagreement with the court’s decision, asserting that it undermines presidential authority over deportations. McLaughlin reiterated, “DHS will continue to enforce the law of the land and address this matter with the court.”