Days before the final 2020 presidential debate between candidate Joe Biden and then-President Donald Trump, news broke that hundreds of migrant children remained separated from their parents, more than two years after the Trump administration’s “zero tolerance” policy was halted.
At the debate in Nashville, Biden expressed his outrage.
“Their kids were ripped from their arms and separated,” he said. “It’s criminal.”
The Trump administration separated more than 5,500 children from their parents.
Reunifying the families — and undoing the harm of the separations — became a key part of Biden’s immigration platform. He ran an ad on it, just days before voters went to the polls.
So it was a surprise in December of 2021 when the administration dropped out of negotiations with the American Civil Liberties Union to compensate families for the harm they suffered.
Though administration officials have not explained their decision, and the Justice Department declined to comment for this story, some advocates believe money and politics are to blame.
And with the breakdown of the talks, the Biden administration now faces a series of individual lawsuits as many of the affected families pursue compensation through the federal courts.
“Everyone has gone back to court and those lawsuits are spread out throughout the country,” said Lee Gelernt, deputy director of the ACLU’s Immigrants’ Rights Project. “I think they were on the right track to try and settle these globally. And unfortunately, politics got in the way.”
Supposedly leaked compensation amount spawns backlash
Nearly four years ago, the ACLU sued the federal government on behalf of newly arrived immigrant parents whose children had been taken from them by the Trump administration. This class action lawsuit, Ms. L v. ICE, led to the reunification of thousands of separated families, but the process has dragged on for years. The Trump administration was compelled by a court injunction to assist, but much of the work of locating the parents and children has been done by a team led by the ACLU.
When Biden was elected, it seemed like the government and the ACLU would finally be aligned in aiding the families. Shortly after taking office, the president signed an executive order establishing the Family Reunification Task Force. And a few months later, the ACLU and the government announced they’d be pursuing a settlement in the case.