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Original Date Announced
July 10, 2018DHS publicizes its four-step process for reunification of families in compliance with the court order in Ms. L. (S.D. Cal.). The four steps include 1) verifying the parent / undergoing a background check, 2) transportation of parents to ICE custody, 3) preparations to reunify, and 4) transferring children to ICE custody. [ID #345]
DHS Press Release: The Administration is Following the Court Order to Reunify Families in a Responsible MannerEffective Date
July 10, 2018Subsequent Trump-Era and Court Action(s)
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December 8, 2023
12.01.2023_Final Executed Settlement_Ms. L v. ICE
This court action finalizes the litigation at question in this entry, bringing an end to the Trump administration actions identified.
The United States reached a settlement agreement in Ms. L., et al. v. ICE, et al., a class action lawsuit filed by the ACLU in 2018 challenging the separation of migrant families at the southwest border. The settlement was approved by U.S. District Judge Sabraw on December 8, 2023. It does not provide for monetary damages, but instead provides support for Ms. L. class members inside the United States, including family reunification, the opportunity to request parole and other forms of temporary and permanent immigration relief, and other support services for separated family members. The settlement also establishes detailed procedures for reunification of migrant families at the border going forward. It bars the government from returning to the Trump administration's "zero-tolerance policy" over the next eight years and identifies limited permissible circumstances for future separations during that same period.
**Litigation is listed for informational purposes and is not comprehensive. For the current status of legal challenges, check other sources.**
View Document -
December 8, 2023
2023.12.08 Ms. L Hearing Transcript
Ms. L v. ICE hearing transcript from December 8, 2023 in which Federal District Judge Sabraw granted oral approval of the final executed settlement agreement.
View Document
Current Status
Not in effectOriginal Trump Policy Status
Status: Final/ActualTrump Administration Action: Agency DirectiveSubject Matter: Enforcement Hearings and AdjudicationsAssociated or Derivative Policies
- April 6, 2018 DOJ announces "zero tolerance" policy on Southwest border
- June 20, 2018 POTUS issues EO 13841, directing families to be detained together and seeking modification of Flores settlement.
- June 23, 2018 ICE designates special facility and policies for reunification and removal of separated families
Pre Trump-Era Policies
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January 1, 2010
The Bush administration introduced a program in 2005, Operation Streamline, which, like the Trump administration’s zero-tolerance policy, referred for prosecution immigrants illegally crossing the border. Unlike the Trump administration, the Bush administration made an exception for parents with children. The Obama administration in 2014 did expand the detention of immigrant families but did not separate parents and children as a matter of policy or practice.
Assembly-Line Justice: A Review of Operation Streamline
Documents
Trump-Era Policy Documents
- New Policy
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Prior Policy
Original Source:
Assembly-Line Justice: A Review of Operation Streamline
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Subsequent Action
Original Source:
Applying for Asylum with USCIS for Ms. L. Settlement Class Members
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Subsequent Action
Original Source:
Ms. L v. ICE Hearing Transcript Dec. 8, 2023
Commentary
Politico: Judge orders family reunification after family separation
Go to article on politico.comNew York Times: Despite rollback, migrant families continuing to be separated at border
Nearly nine months after the Trump administration officially rescinded its policy of separating migrant families who have illegally crossed the border, more than 200 migrant children have been taken from parents and other relatives and placed in institutional care, with some spending months in shelters and foster homes thousands of miles away from their parents.
Go to article on nytimes.com