Federal Judge Orders Return Of Three Migrant Families Deported After Trump-Era Separation Policy — Government To Pay

A federal judge on Thursday ordered the U.S. government to return three migrant families who were deported despite having been affected by the 2018 family separation policy, calling the removals "unlawful" and directing the government to pay for the families' return.

Ruling Background

U.S. District Court Judge Dana Sabraw, a George W. Bush appointee, found that the deportations violated a 2023 court settlement intended to provide benefits and promote reunification for families separated under the Trump-era policy. That policy, which separated children from parents at the U.S.-Mexico border, was halted in 2018 amid legal challenges and public outrage.

Key Findings

Sabraw wrote that, while the Settlement Agreement did not bar the government from enforcing immigration laws, the removals "clearly violated the spirit of the Agreement, which was to effect and support reunification in the United States of families that had been separated pursuant to the family separation policy." He said the deportations made the settlement's benefits "illusory" for these families and described the government’s actions as involving "lies, deception, and coercion."

"Defendants' decision to remove these families rendered the benefits of the Settlement Agreement illusory for these families, and the manner in which each of these removals was affected, in addition to being unlawful, involved lies, deception, and coercion." — Judge Dana Sabraw

What Happened To The Families

Sabraw identified three mothers and their children as having been wrongfully deported. In one case, a mother who had been forcibly separated from her 5-year-old daughter in 2018 was repeatedly pressured by Immigration and Customs Enforcement (ICE) officers last year to "self-deport." The mother’s declaration, cited by the judge, says an officer suggested the children could be placed in "foster care or adoption" if she did not leave voluntarily, and that a team of officers visited her home.

The judge concluded that the mother and her three children did not voluntarily depart and that they were removed despite having temporary permission to remain in the U.S. through a grant of immigration parole. Sabraw also noted the removals occurred weeks after he ordered the government in June 2025 to pause deportations of families eligible for settlement benefits.

Reactions And Next Steps

Lee Gelernt of the American Civil Liberties Union, who represents thousands of families affected by the 2018 separations, praised the decision. "The Court said enough is enough and ordered the administration to bring back the families and to do so at government expense," Gelernt said in a statement to CBS News.

Department of Homeland Security spokeswoman Tricia McLaughlin said the administration disagreed with the ruling and argued it interfered with the president’s deportation authority. "The facts and truth remain the same: these individuals were here illegally," she said, adding that DHS will continue to enforce immigration laws and will address the matter in court.

Judge Sabraw ordered the government to arrange and fund the families' return to the United States; the administration has signaled it will contest the ruling, which could lead to further litigation.