US pulls out of settlement talks in family separation suits

Chanel, 7, and her sister Adriana, 10, both unaccompanied minors traveling alone from Honduras, sits among other asylum-seeking children as they await to be transported to a US border patrol processing facility after crossing the Rio Grande river into the United States from Mexico in La Joya, Texas, US, May 6, 2021. (Reuters photo)

The US government has withdrawn from settlement negotiations to end lawsuits lodged on behalf of parents and children who were forcibly separated under the Trump administration's zero-tolerance border policy.

In a conference call, Justice Department officials notified lawyers for the plaintiffs that the government would not offer a global settlement in family separation cases and will defend each one in court, according to Lee Gelernt, an attorney with the American Civil Liberties Union, which filed one of the suits.

“It’s hard to understand DOJ’s decision other than it was influenced by political considerations," Gelernt said, adding no explanation was given.

The Justice Department, however, suggested that settlements were still possible in spite of its withdrawal from the talks.

“While the parties have been unable to reach a global settlement agreement at this time, we remain committed to engaging with the plaintiffs and to bringing justice to the victims of this abhorrent policy," it said.

Former Republican president Donald Trump had promised to crack down on immigration. Under his policy, nearly 5,500 children were forcibly removed from their parents in 2018.

His administration sought to stop a rise in people crossing the US-Mexico border with criminal prosecutions, even if the migrants were presenting themselves to authorities to seek asylum as allowed under the law.

The parents of hundreds of children have still not been located.

Amid widespread criticism, including from many Republicans, Trump halted the policy in June 2018. Six days later, a judge ordered an end to the program in response to a suit filed by the ACLU.

In October, the Wall Street Journal reported the Justice Department was contemplating paying about $450,000 to each person impacted by the policy. The Associated Press, however, later confirmed the figure had been under consideration.

The lawsuits filed under the Federal Tort Claims Act aim in part to help compensate families for the psychological damage of the separation.

“Little children were deliberately abused by our government, yet the Biden administration is now going to defend the practice in court," Gelernt said. "That is shameful.”

The American Immigration Council, which lodged lawsuit on behalf of a group of mothers and children who were separated while seeking asylum, said it would not stop pursuing its case.

“We are committed to doing everything we can to bring these families justice,” said Kate Melloy Goettel, the organization’s director of litigation.


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