The ACLU claims Trump administration is using loopholes to continue to separate migrant children from their parents
Lawyers for the ACLU alleged in court on Tuesday that the Trump administration has been using a legal loophole in order to justify the continued separation of over 900 migrant children from their parents in the past year.
In June 2018, a court order required the government to curb its child separation policy except in situations where "the adults pose a risk to the child because of their criminal record, a communicable disease, abuse, or neglect," The Washington Post reports. But on Tuesday, the ACLU claimed that children have been separated from their parents for extremely minor offenses, including a parent having an outstanding destruction of property warrant of an alleged $5 in damage, or a traffic violation.
"They're taking what was supposed to be a narrow exception for cases where the parent was genuinely a danger to the child and using it as a loophole to continue family separation," ACLU lawyer Lee Gelernt told The Washington Post in an interview. "What everyone understands intuitively and what the medical evidence shows, this will have a devastating effect on the children and possibly cause permanent damage to these children, not to mention the toll on the parents."
Subscribe to The Week
Escape your echo chamber. Get the facts behind the news, plus analysis from multiple perspectives.

Sign up for The Week's Free Newsletters
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
The ACLU claims a total of 911 children were separated from their parents between the June 2018 court order and June 29, 2019. Last year, some 2,700 children were separated from their parents between May and the end of June, when President Trump ordered officials to follow a policy of "family unity." On June 26, a federal judge additionally ordered the Trump administration to reunite the families that had been separated.
Acting Homeland Security Secretary Kevin McAleenan has characterized family separations as being "extraordinarily rare" and emphasized to the U.S. House Oversight and Reform Committee that when separations do happen, they are carefully and compassionately overseen.
"This is in the interest of the child," he said.
Sign up for Today's Best Articles in your inbox
A free daily email with the biggest news stories of the day – and the best features from TheWeek.com
Jeva Lange was the executive editor at TheWeek.com. She formerly served as The Week's deputy editor and culture critic. She is also a contributor to Screen Slate, and her writing has appeared in The New York Daily News, The Awl, Vice, and Gothamist, among other publications. Jeva lives in New York City. Follow her on Twitter.
-
Magazine solutions - March 14, 2025
Feature Issue - March 14, 2025
By The Week US Published
-
Magazine printables - March 14, 2025
Feature Issue - March 14, 2025
By The Week US Published
-
Why is MAGA turning on Amy Coney Barrett?
Today's Big Question She may be the swing vote on Trump cases
By Joel Mathis, The Week US Published
-
Trump eases Mexico, Canada tariffs again as markets slide
speed read The president suspended some of the 25% tariffs he imposed on Mexican and Canadian imports
By Rafi Schwartz, The Week US Published
-
Trump tells Cabinet they are in charge of layoffs, not Musk
Speed Read The White House has faced mounting complaints about DOGE's sweeping cuts
By Peter Weber, The Week US Published
-
Rep. Sylvester Turner dies, weeks after joining House
Speed Read The former Houston mayor and longtime state legislator left behind a final message for Trump: 'Don't mess with Medicaid'
By Peter Weber, The Week US Published
-
Trump pauses Ukraine intelligence sharing
Speed Read The decision is intended to pressure Ukrainian President Volodymyr Zelenskyy into peace negotiations with Vladimir Putin
By Peter Weber, The Week US Published
-
Supreme Court rules against Trump on aid freeze
Speed Read The court rejected the president's request to freeze nearly $2 billion in payments for foreign humanitarian work
By Rafi Schwartz, The Week US Published
-
Trump touts early wins in partisan speech to Congress
Speed Read The president said he is 'just getting started' with his sweeping changes to immigration, the economy and foreign policy
By Peter Weber, The Week US Published
-
Trudeau blasts Trump's 'very dumb' trade war
Speed Read Retaliatory measures have been announced by America's largest trading partners following Trump's tariffs on Canada, Mexico and China
By Rafi Schwartz, The Week US Published
-
Trump pauses military aid to Ukraine after public spat
Speed Read Trump and J.D. Vance berated Volodymyr Zelenskyy for what they saw as insufficient gratitude
By Peter Weber, The Week US Published