For Migrant Families Separated at the Border, New Settlement is Just the First Step
By: Sophia Benavente-Sayani
The Joe Biden administration recently reached a legal settlement with the American Civil Liberties Union addressing the plight of over 4,000 immigrant children separated from their parents when crossing the U.S.-Mexico border under the Trump administration.This proposed agreement entails an eight-year ban on policies that would separate families on the grounds that they illegally cross the border, and violate United States immigration laws. This groundbreaking agreement is significant to immigration policy: the ACLU estimates that there are 500 to 1,000 migrant children who are still separated from their parents today. This ruling would extend its protections to the 300 children, who are U.S. Citizens, who have been split from their families at the border.
It’s worth noting there exist a few caveats to this ruling. Children may still be taken from their parents if their parents are ruled to be a threat to their children or other United States citizens. Yet, as observed throughout history, what constitutes a “threat” is often warped when it comes to the question of minorities. The amount of media which portrays Latinos to be criminals, gang members, or a danger to American norms is appalling. Moreover, the settlement can easily be challenged by Republicans in Congress if they choose to contest the appropriation of money that will be directed toward unifying the already separated families. U.S. District Judge Dana Sabraws has come into the spotlight as he is expected to approve the proposed settlement. Yet, he may be asked to review objections, including some from America First Legal, a conservative organization founded and led by Stephen Miller, the creator of the family separation policy. Two years ago, Biden’s administration began discussing the potential of providing financial compensation for the damage done by the separation. However, when asked, Biden rejected the implementation of this plan. Individual families have come forth requesting these compensations, but they have been shut down by the Biden administration.
As the women of GW’s WPLSA, we are starkly aware of the tragedy that is the separation of children from their mother's arms at the border. As hopeful lawyers, we are keen on the fact that border policy requires reform. As an organization, we must advocate for new legislation that ensures immigrants who are corssing the sourthern border are treated justly and humanely as they begin the naturalization process.
Sources:
Garcia, Armando, and Luke Barr. “Biden Admin Reaches Settlement With ACLU Over Separated Migrant Families Under Trump.” ABC News, 16 Oct. 2023,
abcnews.go.com/Politics/biden-admin-reaches-settlement-aclu-separated-migrant-familie s/story?id=103999466#:~:text=The%20Biden%20administration%20and%20the,deter%2 0illegal%20southern%20border%20crossings.
Montoya-Galvez, Camilo. “U.S. to Settle Lawsuit With Migrant Families Separated Under Trump, Offering Benefits and Limiting Separations.” CBS News, 17 Oct. 2023, www.cbsnews.com/sacramento/news/family-separation-lawsuit-settlement-agreement/?in tcid=CNM-00-10abd1h.
Santana, Rebecca, and Elliot Spagat. “Settlement Over Trump Family Separations at the Border Limits Future Separations for 8 Years | AP News.” AP News, 16 Oct. 2023, apnews.com/article/separated-children-trump-biden-border-immigration-f9a73685d0ddbc da86e5b69997f5f7dd.
Image:
https://www.nytimes.com/2019/08/21/us/politics/flores-migrant-family-detention.html