The federal government will not be allowed to separate migrant families under a zero-tolerance policy like the controversial measure former President Donald Trump’s administration pursued, according to a settlement deal filed Monday.
The settlement also allows those affected by the separations to apply for parole and a work permit in the US, as well as a special asylum process.
The settlement reached between the Biden administration and the ACLU, which still must be approved in federal court, would mark the end of the yearslong case that initially ended the Trump administration’s policy.
The settlement agreement outlines standards designed to prevent future family separations, except in limited circumstances, for an eight-year period.
“The fact that someone enters the United States unlawfully is not a basis for future separations. It’s only if someone has committed a serious felony offense,” a senior Justice Department official said Monday.
The settlement would also set up special support services for families separated at the border under the previous administration, including immigration legal services and three additional years of behavioral health counseling. The settlement doesn’t include monetary compensation, which some families are seeking in separate claims.
Under Trump’s “zero-tolerance” immigration policy, border officials separated at least 2,800 children from their parents, according to government data. Officials later found that more than 1,000 children had been separated from their families before Trump’s policy went into effect in 2018.
The policy was widely criticized on both sides of the aisle and spurred protests across the United States.
In a CNN town hall earlier this year, Trump spoke glowingly of his administration’s family separation policy and suggested it could return.
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