Eleven-year-old Ederson Galicia Alva had just stepped off the plane and into the Miami airport’s dim hallways when federal agents pulled his mother aside for questioning. Again.
Panic welled up. His excitement at soon being back at recess with his Florida classmates fell away. Would the government take her away again?
This was not his first trauma. In 2018, when he was just 3 years old, Ederson was taken from his mother’s arms at the U.S.-Mexico border under the first Trump administration’s family separation policy and kept apart from her in a government facility for months. They were finally reunited after lawyers intervened. Then, in June of last year, he and his mother were separated a second time, despite legal protections meant to keep them and families like theirs together.
He later joined his mother in Guatemala. After a destitute, torturous 11 months in the indigenous highlands, Ederson’s family was allowed to return to Florida last week, following a federal judge’s order that the government had acted illegally.
Now, eight years after President Donald Trump’s forcible border separations came to an official halt following global outrage, an Associated Press investigation has found that the government has re-separated dozens of children from their families, despite a landmark legal settlement meant to keep them together. Some of their parents have been locked in immigration detention facilities for months, others deported back to their home countries after being taken from their families once again. In some cases, immigration officials conducting interior arrests deported people despite discovering they were legally off limits for removal, according to emails obtained by AP.
“Not only has the government refused to acknowledge the horror of the initial separations during Trump I, but it is now detaining and deporting these same families,” said Lee Gelernt, an attorney for the American Civil Liberties Union and lead counsel in the lawsuit that ended the policy. “These children have suffered enough without re-traumatizing them.”
Trump successfully ran for reelection on an anti-immigration platform. Under his second term, the administration has vowed to deport more than 1 million people per year. Federal agents have been plucking people from their communities so swiftly that, according to the Brookings Institution, now the parents of tens of thousands of children have been detained.
This time, family separations often look different from Trump’s first term. In 2018, Ederson and other children at the border were taken from their parents, who were detained separately and overwhelmingly charged criminally with illegal entry. Then, the government was unable to reunite them for months because adults and children’s information was kept in different computer systems. A judge barred the government from separating most families at the border and ordered the government to bring the families back together after the ACLU filed a class action lawsuit. Later, a court settlement banned most family separations to deter immigration until December 2031.
Today, if parents are arrested or deported under the president’s push for mass deportations, they are being made to choose whether to leave their children behind in the United States.
“DHS complies with all court orders, even as radical NGOs shop for the most favorable forum and activist judges seek to thwart our operations,” acting Assistant Secretary Lauren Bis, a Department of Homeland Security spokesperson, said in response to AP requests for comment about the government’s policies toward separated families.
Government attorneys have argued in recent court filings that there are no legal restrictions on “the government’s statutory authority to execute orders of removal.” Bis added that enforcing immigration law was “not optional,” and that “every removal of an illegal alien helps restore order and reinforce the rule of law.”
Ederson’s family recently was allowed to return, but their status is still on shaky ground.
Separated at the border, then again in Florida
After being taken from his mother, Mirsy Maricela Alva López, and confined to a government shelter in Arizona as a toddler for four and a half months, Ederson barely recognized her once they were reunited, she said. Vivid nightmares haunted him throughout his time in elementary school, where he learned to read in English in classrooms amid lush lawns and palm trees less than 10 miles from Mar-a-Lago, Trump’s Winter White House.
Once a federal judge approved a settlement to the class action suit under the Biden administration, Ederson’s family and those like his got legal status to stay in the U.S., with pathways for residency and asylum, and his mother got a work permit. And after months of mental health services to address his ongoing fear that his mother would never return, in early June last year — about five months after the beginning of Trump’s second administration and the president’s resumed anti-immigration push — his therapist finally said he had made so much progress he could put his weekly sessions on pause.
Two weeks later, Alva López was stopped by federal agents as she and co-workers were en route to a landscaping job near Mar-a-Lago. The agents, wearing brown uniforms, never gave a reason for the stop or identified themselves before transferring Alva López to two Florida jails, then to ICE custody in Louisiana, and finally to a plane full of shackled deportees heading to Guatemala City, she said.
“I felt the very same thing I went through the first time,” Alva López said, weeping. “I was living it all over again.”
Alva López was separated from Ederson and his older sister, Briseidy, for a week, and not given the chance to speak with an immigration official about her status or legal protections, said Kelly Kribs, an attorney with the Young Center for Immigrant Children’s Rights, which has supported Alva López’s family’s return to the U.S.
When she finally managed to call Ederson and Briseidy, they couldn’t stop sobbing. Alva López said she asked her sister to buy airplane tickets to send them to Guatemala City. She met them the next day at the airport and traveled with them nine more hours down highways and rutted roads to reach San Martín Cuchumatán, a hamlet in the highlands where the children were born.
The three of them shared a tiny bedroom with a dusty floor with Alva López’s parents and brother in an adobe brick home with a sheet metal roof, nothing like the leafy cul-de-sacs of South Florida. The school, where all lessons are in Spanish, was a mile’s walk, and none of the children in town spoke English, Ederson said.
Instead of clocking in to trim the gardens of West Palm Beach estates, each day Alva López fed the chickens and ducks in a small coop behind the house, washed the family’s laundry by hand and cooked meals on an open fire.
And Ederson was back to waking up at night fearing his future. At Northmore Elementary School, he had been doing well in fifth grade. In Guatemala, he repeated fourth grade, this time in Spanish, and was quizzed on the history and culture of a country he barely knew. His friendships weren’t as close as in West Palm Beach. Sometimes when he felt sad, he watched the school’s old online videos to see his old friends.
“We used to play and chat. Sometimes they would help me when I didn’t understand the lesson, and I would help them with math,” he said, fighting back tears. “I have very few friends here.”
Ederson still doesn’t want to talk about the separations, and he can’t stop asking his mother why she went to work that day. But he is clear on one thing: he never wants to be apart from his mother again.
‘Lasting, excruciating harm’
In late 2017, immigration officials began forcibly separating parents and children at the U.S.-Mexico border, under a policy championed by Stephen Miller, Trump’s then-senior policy advisor who is now White House deputy chief of staff. After advocates got word, the ACLU filed a lawsuit in February 2018 to halt the practice called Ms. L v. U.S. Customs and Immigration Enforcement, on behalf of a Congolese mother the Trump administration separated from her 7-year-old daughter for four months. It later became a class action suit.
It wasn’t until thousands of families were torn apart that a judge ordered the government to end separations, saying it caused “lasting, excruciating harm.” According to the ACLU’s most recent accounting, the number of separated parents and children, and their impacted family members covered by the settlement is far greater than had been previously reported — over 11,800 — and because the government deported so many people before the practice was banned, the full scope may never be known. The ACLU also provided AP with new information surrounding Ms. L class members who have been detained and deported during the second Trump administration, including that dozens of children were re-separated. Legal filings in the Ms. L case and other immigration attorneys working with separated families also detailed the re-separations of children.
Under a 2023 settlement agreement signed by the Biden administration, Ms. L class members — including separated parents, children and other close relatives — received special legal protections, pathways toward asylum and access to attorneys, work permits and support services. And over eight years, advocates and attorneys have been trying to help the families reunite and recover, traveling to the Guatemala rainforest and remote Honduran villages to inform class members of their rights, and offering them to apply for everything from humanitarian parole to work authorization permits to psychological counseling, benefits meant “to prevent any ongoing harm caused by the initial separation,” according to the settlement.
That changed when Trump began his second term. Support for separated families was never encoded by an act of Congress, and soon it started shrinking.
First, funding for legal services temporarily ended. Instead, the Trump administration said it would charge families $1,000 each to enter or stay in the country. Then, attorneys said, some parents were told to appear for more frequent ICE check-ins, and ordered to wear ankle monitors to record their movements. Many class members lost access to counseling.
By late last year, emails show the government had deported some protected family members even after being told by the ACLU that they were off limits as protected Ms. L class members.
Seven days before Christmas, ACLU attorney Natalie Behr wrote an urgent email to Department of Justice contacts, saying her team had learned that a protected relative was once again in ICE custody.
“We ask that you tell us why we were not notified of this class member’s detention within 24 hours. … this class member should not be removed,” Behr wrote.
A Washington DOJ trial attorney emailed back, saying he would ask ICE. ACLU attorneys followed up.
By the day after Christmas, it was already too late. He had been deported.
The problem is still surfacing. While the government is required by judge’s orders to immediately tell the ACLU when Ms. L class members are detained and to return re-separated families who have been deported, the Trump administration only disclosed in April that it had deported another protected person to Guatemala back in September, court filings show.
The same thing nearly happened to one of Alva López’s neighbors, who was picked up in West Palm Beach a few months after her deportation. The father also had done landscaping near Mar-a-Lago and had been separated at the U.S.-Mexico border in 2017 from his daughter. Under the first Trump administration, he was swiftly returned to Guatemala. As ACLU attorneys and government lawyers hashed out what separated families were due, he came back to Florida in 2021 to reunite with his children, one of whom had been released after spending months in a government detention facility.
In October, the government locked him up, first in Alligator Alcatraz, an immigration detention center in the Florida Everglades, then inside Camp East Montana in Texas, Kribs said.
At Camp East Montana, he was fed moldy food with worms, berated by guards and learned that a fellow detainee died after being mistreated by ICE officials, he said, speaking on condition of anonymity for fear of government reprisal. ICE said the detainee died after experiencing “on-site medical distress,” and the El Paso medical examiner’s office later ruled the detainee experienced “asphyxia due to neck and torso compression.” Christmas and New Year’s Eve came and went, and by January he found it hard to keep up his hopes when his children called.
The ACLU filed a motion about Ms. L parents being detained, and the father was released from government detention in April. While he’s grateful to be back home in Florida with his children, he told AP he feels like he is still being tracked through his ankle monitor and the ICE check-ins he’s required to do every two weeks. His children still worry he won’t be there when they get out of school, he said.
Bis said DHS could impose conditions on parole, including electronic monitoring, regular reporting requirements, and even detention.”
‘A place where we can all be safe’
Sinri Baltazar, a mother from Honduras who was first separated from her then-5-year-old daughter in 2018, also was allowed under a judge’s order in April to return to Louisiana with her three children, including her youngest, a U.S. citizen.
It has not been easy. Baltazar, a member of the Afro-indigenous Garifuna community that faces discrimination in Honduras, was deported with her children last year after she said immigration officials told her to sign a document they said would permit her to keep her family together — only if they all left. Back in New Orleans, she said she was grateful her children could seek a better life, but they have been struggling to get by while living with an acquaintance from church.
“The only thing my children say is that they want to be home, in their own house,” Baltazar said. “I’m just trying to get us to a place where we can all be safe, and I hope for that for all the other families.”
As deportations have risen in the last year and a half, attorneys say separated families have become increasingly fearful about filling out government paperwork and many don’t know they can apply for asylum, a key benefit of the settlement that expires in December. The administration also hasn’t said whether it will extend a current, trimmed-back legal services contract for families that ends in August. Another deadline is looming as well: thousands of separated families need to request for any pending removal orders to be cancelled by December, or lose their ability to stay in the U.S. legally.
“There was never enough funding to keep up with the need,” said Anilú Chadwick, an attorney and senior director at the legal nonprofit Together & Free, which she said has supported 15 families that have been re-separated, including Baltazar’s. “Now we have to see if the government awards a new contract, and I gotta say as someone who has been on the clock to find and locate services, that is not enough time even in the best of circumstances.”
For separated families who are waiting for loved ones to be released from detention, or for paperwork to return to the U.S., however, time has been moving at a glacial pace.
Ever since Alva López was deported back to Guatemala nearly a year ago, she checked her phone each morning for word of when she and her children could return. Money started drying up. The children began forgetting their English slang. Briseidy, now 14, worried she would drift away from her American friends. Finally, two weeks ago, there was news: the government would bring her and her children back to Florida on an American Airlines flight, under a judge’s order.
The puppies she had bought Ederson to lighten his mood had died, and there were few friends and relatives to say goodbye to. So she packed up the siblings and their few possessions, their clothes now loose on their frames after losing weight since returning to Todos Santos Cuchumatán.
And finally, in the last week of May, passports and travel documents in hand, the family flew to Miami. Ederson said it felt like a miracle. But soon after landing, immigration officials pulled Alva López in for questioning, taking her photo and fingerprints all over again and re-examining every document she held. Their stay in the U.S. may be short. An immigration official granted her just two weeks’ humanitarian parole.
The government declined to comment specifically on Alva López’s case.
“I still haven’t told the children” about the two weeks’ parole, Alva López said the first day she woke up back in the family’s old neighborhood in West Palm Beach. “They’re going to worry that the same thing will happen again,” she said.
