If the settlement is approved, the federal government would be prohibited from adopting a similar policy for the next eight years. Affected immigrants would be allowed to be in the country legally and receive work permits and other benefits.
Migrants who have surrendered to Border Patrol agents are processed by state troopers before being transported to a detention facility in Eagle Pass on July 14, 2023.Sign up for The Brief
The agreement must still be approved by a federal judge in the Southern District of California in San Diego, where the ACLU filed its class action lawsuit in 2018. Before the Trump administration’s policy, immigration agents would hold families together in detention before deciding if they would get deported or released into the U.S. with court dates for their deportation hearings, when they could also request asylum. Adults traveling alone would get charged with illegal entry and have their deportations expedited.
If approved, the 46-page settlement agreement would be valid for eight years. It says federal immigration officials would not be able to use the illegal entry charge against parents to separate them from their children. Immigration agents must have evidence of child abuse or that the parent has committed a serious crime before separating families and document the separation in a database accessible to other government agencies.
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