Customs and Border Protection

U.S. Border Patrol agents conduct intake of detained migrants at the Central Processing Center in McAllen, Texas on June 17, 2018.

A potential settlement has been reached in a trio of lawsuits involving immigrant families separated by the federal government, and the deal would give a do-over to parents facing deportation after failing initial interviews for asylum.  

To apply for asylum, a person must first pass an interview gauging if their fear of going home is believable.

In one of the cases, the Legal Aid Justice Center alleged that the trauma of family separation kept parents from explaining themselves to asylum officers. If the judge approves the settlement, “the parents will get the right to review. The kids will get the right to an interview. And if either kid or parent passes, then the whole family gets to stay while they fight out their asylum claim,” said Simon Sandoval-Moshenberg, legal director of immigrant advocacy. 

The settlement would apply to parents still detained or living in the U.S. There may be as many as 1,000, Sandoval-Moshenberg said.

The U.S. Department of Justice declined to comment.