Washington DC

The Biden administration reached a legal agreement on Monday with more than 4,000 migrants who were separated from their families during Donald Trump's tenure at the U.S.-Mexico border. Under the legal settlement, the families would be allowed to live and work in the US for three years while receiving housing, mental health and legal assistance to apply for asylum. 

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This move, however, includes limitations on the government's ability to implement similar policies in the future, as part of a resolution to a longstanding court case.

The settlement prohibits the federal government from separating any migrant families crossing the border for eight years unless the parents are considered a danger to their children or the public or they have previously entered the country illegally more than twice.

What is the settlement about?

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Along with the American Civil Liberties Union (ACLU), the Biden administration has proposed a plan to settle a class-action lawsuit related to the Trump-era practice of forcibly separating nearly 4,000 migrant children from their parents near the US-Mexico border.

What next?

The settlement, expected to last six years, awaits approval from US District Judge Dana Sabraw, who previously banned such separations in 2018.

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If approved, the 46-page settlement agreement, seen by WION, will establish a special process for separated families to request asylum in the United States and significantly restrict the legal grounds for government-sanctioned family separations.

Future separations will only be allowed in rare cases, such as those involving abusive parents or individuals with serious criminal records.

What is the proposed special asylum process?

Under the proposed special asylum process, families separated under the previous administration would be able to apply for asylum through the US Citizenship and Immigration Services (USCIS), with USCIS considering the trauma caused by the separations when reviewing asylum cases.

Also read | Trump says separating children from families deters illegal immigration

The agreement also provides access to government-funded housing benefits, legal counsel, and medical and mental health services for covered families.

Is there any monetary compensation in the settlement?

The settlement does not include monetary compensation, as some separated families had sought in federal courts.

The Biden administration initially considered reparations but abandoned the idea due to strong Republican opposition.

Also watch | Republicans open first hearing in Biden impeachment inquiry

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The American Civil Liberties Union lawyer representing these families told CBS News that the agreement offers an opportunity for lawful status and prevents a future administration from implementing a similar separation policy.

The ACLU estimates that between 500 and 1,500 migrant children separated during the Trump administration are still apart from their families, with difficulties in tracking them due to insufficient record-keeping at the time.

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