Biden Administration Settles Class Action Case, Will Grant Relief to Families Separated at the Border

The Department of Homeland Security has settled a class action case with families separated under the Trump administration’s border management policies.

  • The settlement will grant parole to separated families, allowing them to remain in the U.S. temporarily, and travel assistance from other countries in some cases.
  • Additionally, DHS will provide housing relief, medical assistance, and work authorization.
  • The Biden administration will facilitate asylum applications for the class members.
  • The class members who are legal guardians and separated from their children will be provided other legal aid and guidance about reunification.
  • The settlement does not provide permanent status for the class members.

The settlement is expected to apply to up to 5,000 children and their parents.

The lawsuit was filed by the American Civil Liberties Union (ACLU) in California federal court in February 2018. Previous settlement proposals included monetary compensation, up to $450,000 for each affected individual, but were ultimately rejected by lawmakers.

The settlement is met with mixed reactions from advocacy groups, who say that it doesn’t go far enough in the compensation, falling short of permanent status, and doesn’t limit future border separations in all cases.

Erickson Insights and Analysis

Erickson Immigration Group will continue to monitor developments and share updates as more news is available. Please contact your employer or EIG attorney if you have questions about anything we’re reporting above or case-specific questions.