No settlement for separated migrant families amid criticism

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WASHINGTON (AP) – Migrants whose children were taken from them under former President Donald Trump’s zero-tolerance border policy did not reach a settlement deal with the US government, a advocate for families as he and other advocates fended off mounting criticism. a proposal to pay them compensation.

American Civil Liberties Union attorney Lee Gelernt declined to discuss details of the talks or confirm a previously reported settlement proposal worth several hundred thousand dollars to each affected person. He has, however, retained the possibility of a trial, featuring separated parents of children as young as six months as witnesses, if there is no agreement to end the dispute.

“All I can say is there is no deal on the table and we don’t necessarily have a timetable,” Gelernt said on a conference call with reporters.

Settlement talks, which would typically be private until a deal is finalized, have instead become a new line of attack for critics of the Biden administration seeking to link the issue to the growing number of migrants seeking to cross the border. US-Mexico border over the past year. . Republicans grilled Homeland Security Secretary Alejandro Mayorkas over it this week when he appeared before the Senate Judiciary Committee.

“As you can imagine, many Americans think it’s a pretty outrageous idea to offer massive taxpayer-funded payments to illegal immigrants who broke our laws, especially amid a record-breaking border crisis that this administration created, “said Senator Chuck. Grassley, a Republican from Iowa, said at the hearing Tuesday.

Mayorkas referred senators’ questions to the Justice Department, which handles the negotiations, although at one point he took issue with the suggestion that a settlement would encourage future migrants to seek to come to the United States.

About 5,500 children were forcibly taken from their parents under Trump’s zero tolerance policy in which parents were separated from their children as the administration sought to deter people from crossing the border, even though they were presented themselves to the authorities to seek asylum.

Trump ended the practice in June 2018 amid widespread outrage, including from many Republicans, just six days before a judge ordered the program to end in response to a complaint filed by the ‘ACLU.

In addition to negotiating a potential settlement, the Biden administration has also been working to reunite some of the families. It is believed that there are hundreds, and possibly as many as 1,000 to 2,000, parents who have been separated from their children and have yet to be found.

Settlement talks had been going on quietly for months when the Wall Street Journal reported in October that the Justice Department planned to pay about $ 450,000 to each affected person. The Associated Press later confirmed the figure was under review.

In addition to the payment, the settlement talks also included a discussion of granting families legal residency in the United States and providing counseling services.

When asked about the amount on Nov. 3, Biden appeared to misunderstand the question and said a payment of around $ 450,000 per person “was not going to happen.” He then said he supported a settlement, without specifying an amount.

“If, in fact, because of the outrageous behavior of the last administration, you cross the border, whether legally or illegally, and lose your child, you lose your child. Here we go – you deserve some sort of compensation no matter what, ”Biden said. “What it will be, I have no idea. I have no idea.”

Migrant advocates say the amount of the settlement and the legal status of families miss the point. “What is really a problem is whether we, as a country, agree to tear babies from their parents’ arms,” said Conchita Cruz, co-executive director of the Asylum Seeker Advocacy Project.

Gelernt noted in the appeal with reporters that many separated families were not entering the country illegally, as critics claim, as they were showing up to authorities seeking asylum, which is legal under the American law. He also pointed out that even non-citizens can sue the US government regardless of their immigration status.

“The truth is, lawyers always settle cases, and that’s usually because it’s in their financial best interests to do so,” he said.

Lawyers gave a hint of what a lawsuit might entail, bringing a woman on appeal who only gave her name as Leticia and tearfully described her son being taken from her while she was applying for asylum in 2017. It was 2 and a half years before they were reunited and she said the boy had shown signs of psychological trauma from the separation.

“Even now, after being reunited, we live in fear of a day when we might still be apart,” she said. “I couldn’t imagine going through this pain again. “

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