A San Diego federal court has ruled that the federal government violated the settlement agreement reached in the 2018 family separation case Ms. L v. ICE.
The court order, issued Tuesday, requires the government to reinstate its previously-terminated contract with Acacia, a non-profit that assists members of the class-action lawsuit through a network of legal service providers.
The ruling comes at a critical time for families separated at the border during the first Trump administration, with asylum application deadlines approaching in December and parole applications expiring this July.
The settlement required the federal government to provide legal advice, which was described as “individualized consultations and counseling about relief for which … class members may be eligible” as well as assistance with document preparation and informing non-citizens of their rights.
After terminating the contract with Acacia, the federal government claimed they remained in compliance with the settlement, citing their creation of a webpage and telephone hotline for class members, amongst other items.
“None of these efforts, however, actually delivers the services set out in (the settlement provision),” Judge Dana M. Sabraw wrote in his order.
The Department of Justice’s Executive Office for Immigration Review cannot provide legal advice to the same individuals whose applications for immigration relief it administers, Sabraw added.
But the federal government instead contended that individual consultations “will not be needed,” an argument unequivocally refuted by Sabraw and the original settlement.
The judge also outlined the dire reality of the pro bono landscape, which he said has “deteriorated” due to funding cuts and staffing shortages.
As of the decision’s date, the federal government had not provided pro-bono counsel to a single individual entitled to services under the settlement.
The federal government has yet to reinstate the contract with Acacia nor inform them when they plan on doing so.
The government did however, on the same day that Sabraw ordered the reinstatement of the Acacia contract, move to temporarily suspend the settlement’s provision on providing behavioral health and medical services to class members.
Such services were previously provided through a federal contract with the California-based organization Seneca Family of Agencies. A letter from the Department of Homeland Security to the Department of Labor dated Monday states that a DHS assessment found Seneca’s diversity, equity and inclusion policy to be a potential violation of Title VII.
Officials asked for further investigation.
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