A federal district judge in California issued a court order prohibiting the separation of migrant families at the border. USA for deterrent purposes during the next eight years. The order, issued by Judge Dana M. Sabraw, is a significant step that prevents the reinstatement of a controversial policy of the former president donald trump which had generated intense criticism at the national and international level.
The court order, based on the Immigration and Nationality Act (INA), specifically prohibits the separation of migrant families who enter the U.S. without authorization and are seeking asylum or protection under the Refugee Act. This ruling represents a victory for migrant rights advocates, who have denounced the practice of family separation as cruel and inhumane.
The action taken by Judge Sabraw is a continuation of a provisional agreement reached in October between the Department of Justice and families represented by the American Civil Liberties Union (ACLU), as reported AP. The agreement, which was tentatively approved by Sabraw, states that the “zero tolerance” policy under which the Trump administration separated more than 5,000 children from their parents will be prohibited until December 2031.
The order highlights that crossing the border illegally will no longer be a reason to separate families for the next eight years
JOHN MOORE / GETTY IMAGES NORTH AMERICA / AFP
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They establish exceptions to the separation of migrant families
Under the new order, Separation of children and parents will only be permitted in limited circumstances, such as cases of child abuse, conviction of serious crimes by the parent, or concerns about the relationship between the adult and child.. Families who were separated may be eligible for certain benefits, such as legal status for up to three years under compassionate release, reunification in the United States at government expense, one year of housing and three years of counseling.
However, the agreement does not provide for monetary compensation for families, although this option was considered in 2021, but talks stalled after outrage expressed by Republican legislators due to the amounts considered too high.
Judge Sabraw's new order states that, for the next eight years, crossing the border illegally will no longer be sufficient reason to separate a family. The court decision underscores that the practice of separating families is illegal under US law, thus supporting the fundamental and human rights of migrants seeking asylum and opportunity in the United States.
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