In a significant development for families separated at the southern border during the Trump administration, a court settlement has been reached between the Biden administration and the American Civil Liberties Union (ACLU). If approved by a judge, the settlement would prevent the federal government from implementing immigration policies that separate parents and children for at least eight years and would provide families that were split up under the Trump administration with temporary legal status and short-term housing aid.

The proposed settlement aims to address the harm inflicted by the family separations that took place in 2017 and 2018 as part of the Trump administration's efforts to curb unauthorized immigration. Thousands of children were taken from their parents and placed in shelters and foster homes across the country. Parents were criminally charged for entering the country unlawfully, and the policy was designed to act as a deterrent to families seeking to come to the United States, including those seeking asylum.

The settlement agreement would grant permission for the affected families to live and work legally in the United States while they await a decision on their asylum claims. It would also allow parents and children who have been separated and are already in the United States to petition to bring immediate family members from their home countries. Families that have previously been denied asylum will be eligible to reapply, and asylum officers will be instructed to take into account the trauma caused by the forced separations.

The agreement would provide critical services to aid in the recovery of the affected families, including access to legal services and medical and behavioral health benefits to address the trauma associated with the separations. It would also waive the usual one-year timeline limiting when someone can apply for asylum, allowing parents to apply even if they were previously denied. A special team of supervisors will review their cases.

Lee Gelernt of the ACLU, the lead counsel in the class-action lawsuit, expressed his support for the settlement, stating that while it cannot completely make the families whole again or erase the moral stain of the policy, it is a meaningful step forward for the children who have not seen their parents in years and the suffering families who now have an opportunity to remain in the U.S.

The settlement also aims to prevent future separations by requiring the government to keep detailed documentation when separating children from parents, avoiding the chaos and lack of record-keeping that occurred during the Trump-era family separations.

The proposed settlement now awaits approval from U.S. District Judge Dana M. Sabraw in San Diego, who has been overseeing the case. A hearing is scheduled for December. The settlement has been widely welcomed by advocates and organizations working to address the harm caused by the family separations. If approved, it would provide a path to permanent legal residency and eventual citizenship for the affected families, putting them on the path to recovery and stability after the traumatic experiences they endured.