ACLU: Trump Administration Still Detaining, Deporting Families Protected by Separation Settlement

A San Diego judge will rule whether the Trump administration continues to violate a historic family-separation settlement.

Jan. 29, 2026 at 9:23pm

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The American Civil Liberties Union (ACLU) has returned to a San Diego federal court, arguing that the Trump administration is violating a 2023 settlement by detaining and deporting families who were previously separated at the U.S.-Mexico border. The ACLU is asking the judge to order the government to return deported individuals and release those currently detained, as well as require the government to provide an explanation for any future detentions of the roughly 9,000 people with legal protections under the settlement.

Why it matters

The case highlights the ongoing legal battle over the Trump administration's controversial family separation policy, which was ruled unconstitutional in 2018. The ACLU argues the Trump administration is continuing to traumatize these families by detaining and deporting them in violation of the 2023 settlement agreement.

The details

According to the ACLU, the Trump administration has deported at least several families who were protected under the 2023 settlement, including a Guatemalan man who was detained at a gas station and sent to the notorious 'Alligator Alcatraz' detention center before being deported. The ACLU also says about two dozen other individuals with temporary legal protection from the settlement have been detained for unknown reasons, often while checking in with Immigration and Customs Enforcement.

  • In June and August 2025, Judge Sabraw ruled against the Trump administration's attempts to deport families covered by the settlement.
  • The ACLU filed the original lawsuit challenging the Trump administration's family separation policy in 2018.
  • The Biden administration reached a settlement with the ACLU in 2023, barring the federal government from reenacting policies that systematically separate families for at least 8 years.

The players

ACLU

The American Civil Liberties Union, a nonprofit organization that defends civil rights and liberties.

Donald Trump

The former President of the United States whose administration implemented the controversial family separation policy at the U.S.-Mexico border.

Judge Dana Sabraw

The U.S. District Judge presiding over the case and settlement between the ACLU and the federal government.

Lee Gelernt

An ACLU attorney arguing on behalf of the families protected by the settlement.

Daniel Schutrum-Boward

A trial attorney with the Department of Justice's Office of Immigration Litigation, arguing on behalf of the Trump administration.

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What they’re saying

“This is an extreme situation where these individuals are so traumatized, they went through so much, they negotiated a settlement that provides certain, specific rights, and now they're being removed. It's traumatizing them once again. These are families that have not yet gotten over the trauma of losing their little children, and now they're being thrown in detention again.”

— Lee Gelernt, ACLU attorney (San Diego Union-Tribune)

“The Trump administration has been violating the settlement from Day One of his second term. We had hoped that the Trump administration would acknowledge the illegality of (his first-term family separations) … and acknowledge how much harm they caused, and comply with the letter of the settlement and the spirit, but they're doing neither.”

— Lee Gelernt, ACLU attorney (San Diego Union-Tribune)

“Under the settlement, what was negotiated was that individuals would be allowed to remain here and work so that they could apply for asylum. They're all going to apply for asylum, or are awaiting asylum decisions.”

— Lee Gelernt, ACLU attorney (San Diego Union-Tribune)

What’s next

Judge Sabraw is expected to issue a written ruling on the ACLU's request to order the government to return deported individuals and release those currently detained in the near future.

The takeaway

This case highlights the ongoing legal battle over the Trump administration's family separation policy and the government's continued efforts to detain and deport families despite a 2023 settlement agreement intended to provide them legal protections and a pathway to asylum.