“Lies, Deception and Coercion” - Court Forces Government to Return Separated Deported Families - A Good Victory and 17 People Are Coming Home, 26 Have Renewed Hope

Federal Judge Dana Sabraw in San Diego has ordered the government to bring back three recently deported families to the United States - and to bear the costs itself. In her order, Judge Dana Sabraw writes unambiguously: “Each of these removals was unlawful.” And further: they were carried out through the use of “lies, deception and coercion.” The investigations had clearly shown this as well. The ruling is connected to the settlement regarding Trump’s family separation policy of 2018. At that time, around 6,000 children were systematically separated from their parents at the border. After years of litigation, a settlement was reached in 2023. It granted the affected families, among other things, humanitarian status and protection until at least 2027, along with the right to apply for asylum and access certain support services.

Trump’s concept of freedom, then as now

It is precisely these assurances that the court now finds violated. Sabraw states that the deported families would still be in the country absent the unlawful measures and would be entitled to the benefits guaranteed under the settlement. One of the affected mothers had been deported to Honduras with her three children, including a child born in the United States with US citizenship. She held valid humanitarian status until 2027 and regularly attended weekly check in appointments with immigration authorities. Nevertheless, she was told she was required to depart. Officers urged her to agree to “voluntary self deportation” and placed an electronic ankle monitor on her. Due to the frequent summons and surveillance, she lost her job. In a declaration, she described falling into a state of deep despair and reliving the trauma of the 2018 separation. The court made clear that she did not leave voluntarily.

Two other families were removed under nearly identical circumstances. In at least one case, this occurred despite an existing court order that expressly prohibited such deportations. Sabraw explicitly states that these measures violated the spirit of the agreement and effectively nullified the guaranteed rights. In addition, the judge ordered the government to provide the legal and support team for the affected families with all information regarding recent detentions of other individuals holding valid humanitarian status. Around two dozen affected individuals are said to have been detained in recent months. If the detentions were lawful, Sabraw stated, it should be “easy” for the authorities to demonstrate this. The authorities were also unable to prove this in response to previous inquiries and 21 requests went unanswered.

In a further decision, she rejected the attempt to impose new fees on the affected families that were introduced last year. These include a 100 dollar fee for asylum applications, 550 dollars for work permits and 1,000 dollars for individuals with humanitarian status. The settlement excludes such payments. Demands already issued must be withdrawn and these fees may no longer be charged in the future.

Sabraw has overseen the case since 2018. At that time, she declared the systematic separation of parents and children unconstitutional. When approving the settlement in 2023, she described it as “one of the most shameful chapters in the history of our country.” The agreement prohibits the federal government for at least eight years from again pursuing a policy that systematically separates children and parents. The current order is not symbolic. It obligates the government to take concrete action, without objection. Three families must be brought back. Two others are already to be returned at government expense, and a third is under negotiation.

The court’s finding is unequivocal: the deportations were unlawful. Without them, the families would still be in the United States and would have access to the rights guaranteed to them. When a federal judge states that government action was based on “lies, deception and coercion,” this is no minor matter. It is a judgment on the conduct of the executive branch.

For the affected families, the possibility of return opens. For the government, the obligation arises to honor its own commitments. Now speed matters. It is already clear: we will closely accompany the return process, document every step and ensure that no one disappears. If necessary, we will personally accompany the families or arrange structured transport support up to the border.