--- title: Family Separation Policy Still Being Fought by Lawyers description: While the political conversation has moved on from the now-defunct family separation policy, the real-world effects continue to be felt. canonical: https://time.com/5371963/family-separation-policy-border-lawyers/ author: Maya Rhodan article:opinion: false article:content_tier: free article:published_time: 2018-08-20T18:14:58.000Z article:modified_time: 2026-10-13T07:46:10.915Z article:section: Politics og:title: Lawyers on the Border Still Dealing With Fallout From Family Separations og:description: According to a federal filing last week, 565 children remain separated from their parents. og:url: https://time.com/5371963/family-separation-policy-border-lawyers/ og:site_name: TIME og:image: https://static.time.com/v3/assets/bltea6093859af6183b/blt19e7058e4db63227/6989381c0a4a226bab9d3799/immigration-pro-bono-attorneys.jpg?branch=production&width=1200&quality=75&auto=webp&crop=16:9 og:image:width: 5135 og:image:height: 2888 og:image:alt: Mexico-US-Immigration-Attorneys og:type: article twitter:card: summary_large_image twitter:title: Lawyers on the Border Still Dealing With Fallout From Family Separations twitter:description: According to a federal filing last week, 565 children remain separated from their parents. twitter:image: https://static.time.com/v3/assets/bltea6093859af6183b/blt19e7058e4db63227/6989381c0a4a226bab9d3799/immigration-pro-bono-attorneys.jpg?branch=production&width=1200&quality=75&auto=webp&crop=16:9 ---  # Lawyers on the Border Still Dealing With Fallout From Family Separations > Sponsored content. 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It explains the politics, personalities and power dynamics behind the headlines, twice a week. #### Where can I get analysis of Washington politics by email? D.C. Brief is TIME's free Washington politics newsletter, available at time.com/newsletters. It is written by a TIME senior correspondent who covers the capital full time. #### Who writes TIME's D.C. Brief? Philip Elliott, a senior correspondent at TIME, writes D.C. Brief. #### Is D.C. Brief free? Yes. D.C. Brief is free at time.com/newsletters. ### Sources * TIME Newsletters: [time.com/newsletters](/c/time-nl-dcbrief-2026q3/newsletters?i=eeaec918-fad9-4ea9-93b6-6217113adeed&cr=time-nl-dcbrief-2026q3-v1) ## Video: Welcome to America [Watch (HLS stream): Welcome to America](https://cdn.jwplayer.com/manifests/ZgNt7Wqd.m3u8) (23:11)  _Published 2018-07-24. A group of activists decide to take matters into their own hands after thousands of children are separated from their parents at the border._ by [Maya Rhodan / McAllen, Texas](https://time.com/author/maya-rhodan/) ## Maya Rhodan / McAllen, Texas Aug 20, 2018 6:14 PM UTC A group of activists decide to take matters into their own hands after thousands of children are separated from their parents at the border. by [Maya Rhodan / McAllen, Texas](https://time.com/author/maya-rhodan/) ## Maya Rhodan / McAllen, Texas Aug 20, 2018 6:14 PM UTC When the Trump Administration started separating families at the U.S. border, Jodi Goodwin all but stopped working as a private attorney in Texas to do pro bono work for people who had been affected. Even though the Administration [ended the policy](https://www.npr.org/2018/06/20/621798823/speaker-ryan-plans-immigration-votes-amid-doubts-that-bills-can-pass) over two months ago, her work isn’t finished. In June, U.S. District Judge Dana Sabraw [ordered the Trump Administration](https://www.politico.com/story/2018/06/26/judge-orders-trump-reunite-migrant-families-678809) to reunite the more than 2,000 families separated under a policy [aimed at deterring illegal immigration](https://www.cnn.com/2018/06/18/politics/family-separation-deterrence-dhs/index.html). According to a federal filing last week, [565 children remain separated](https://www.nbcnews.com/storyline/immigration-border-crisis/where-are-you-migrant-still-separated-her-children-3-weeks-n901386) from their parents, some of whom have already been deported. Goodwin has personally reunited 32 moms and dads with a total of 34 children, but at least a dozen of her clients remain in federal detention, separated from their children for various reasons: some have not passed the “credible fear” interview about conditions in their home countries, while others have not yet been granted bond. One case has been blocked because her client is the child’s aunt and legal guardian, but not her biological parent. “I still spend half of the day doing separated parents stuff and follow up,” Goodwin told TIME. While the political conversation has moved on from the now-defunct family separation policy, the real-world effects continue to be felt, and lawyers remain on the front lines of the fight, especially in border towns like McAllen, Texas. It’s a similar dynamic as other Trump policy changes, such as the travel ban, which were announced unexpectedly, leading to an intense scramble among private lawyers followed by months of follow-up work. The family separation policy began in May when Attorney General Jeff Sessions [announced a new “zero tolerance” policy](http://time.com/5268572/jeff-sessions-illegal-border-separated/) of referring border crossings for federal criminal prosecution, which led to children being separated as their parents are sent to jail. Border lawyers scrambled quickly. At a federal courthouse in McAllen, public defenders and attorneys with the Texas Civil Rights Project began working together to track how many adults had been separated from their children. At a South Texas detention facility, Goodwin helped other pro bono attorneys who provide legal assistance to detainees do triage. During her first trip to the Port Isabel Detention Facility, where many of the parents were being held, she says, every person she spoke to told her about another 70. “After about three days of going out there, I felt like I was in a MASH unit dropped in Vietnam somewhere trying to take care of the most mortally wounded person at a time,” she said. The period during and immediately after zero was chaotic not just for the migrants, but also for the private attorneys, public defenders, and advocates that are helping to shepherd them through the U.S. immigration system. And while an executive order signed by Trump in June effectively halted the separation of biological parents from their children, and a federal judge ordered families be reunited later that month, attorneys in South Texas say their focus has yet to shift from the ongoing crisis. “The government talking points were that they had reunified those families that were eligible and that was that,” says Laura Peña, a visiting attorney with the Texas Civil Rights Project. “That’s not the case.” Lawyers from the Texas Civil Rights Project are still appearing in the McAllen federal courthouse daily to track prosecutions. According to Peña, the number of prosecutions they are witnessing daily is “staggering” — morning and afternoon dockets of between 50 and 100 people. Attorneys have continued to ask those who have been prosecuted whether or not they were also separated from their children. In one case, after the executive order was signed, a Guatemalan father was separated from his 2-year-old daughter. The father, Mario Perez Domingo, primarily spoke Mam, an indigenous language, and border officials did not believe the birth certificate he presented was real. “But for our screening of those criminal prosecution hearings, he probably would have been deported without his kid,” she says. “Now they’re together reunited and released in Atlanta.” Beyond separations, those who have been released and reunited still require assistance navigating the complexities of U.S. immigration system— from court appearances to ICE check-ins—and adjusting to life in the U.S. Last week, attorney Carlos M. Garcia sent a $50 Target gift-card to a client whose 6-year-old son needed supplies for the first day of school. Goodwin says because her clients have few people they can trust, they’ve been sending her WhatsApp messages at all hours of the day. From concerns about traumatized children: “_Abogada, mija esta critando la noche._” To questions about who in their new world they can trust: “_Abogada_, do you know who this person is? Can I trust them?” “I’m, like, the mother hen,” Goodwin says, laughing. “And I’ve got all my chickadees running around the country.” ## Transcript [00:00] [ MUSIC ] [00:02] Along the Southern border hundred of children [00:05] remains separated from their parents. That's the [00:07] situation for Yelly Marcel Gonzales Garcia living that [00:11] kind of nightmare. After 43 days in the custody of U. S. [00:14] immigration authority. Yeni Gonzalez was released on [00:18] bail. The bail was paid by some families, mothers who [00:22] are in New York city. She's making her way to New [00:24] York to find her kids. It has been very difficult, very [00:28] hard for me. I felt that my heart broke into a thousand [00:31] pieces. They snatched my children from my arms. [01:03] [ MUSIC ] [ MUSIC ] [ MUSIC ] [ FOREIGN ] [ FOREIGN ] [01:04] [ FOREIGN ] [ FOREIGN ] [ FOREIGN ] I actually [01:24] heard about Yeni through a text message, someone [01:28] who is close with one of the organizers said hey [01:31] someone is going to be released from detention [01:34] tomorrow night, can you help coordinate transportation [01:37] to Albuquerque And can you be there, Eloy, to [01:41] support? And so I said, yeah for sure, I'm in. It really [01:45] started as soon as I heard Jenny's lawyer talking about [01:50] the fact that he knew she was in Eloy in Arizona. She [01:54] knew that her kids were at Cuyahoga in New York. And [01:57] he said she could actually go through her whole [02:00] immigration proceedings in New York. If she could just [02:04] get to New York from Arizona. And I thought certainly [02:07] within my own community of friends and family and [02:11] acquaintances that it would be possible to do that for [02:14] one person. And so why not try? When we got [02:18] in the car it was just quiet for a little bit. And [02:23] And she would kinda ask questions and say things and [02:27] she definitely appreciated the beauty of the desert and [02:31] then some of the flatlands. She was like, isn't that [02:33] pretty? So that was a lot of conversation, but for the [02:36] most part it was quiet. Watching her from the rearview [02:39] mirror just looking out in the distance and Such [02:44] a focused look. And I don't know if she was imagining [02:49] what she had been through. If she was thinking of what [02:52] she's about to go through, but I just know it was [02:57] focused and it was [03:26] strong. [ FOREIGN ] [ LAUGH ] [ FOREIGN ] [ FOREIGN ] [03:29] Yes, yes. [03:36] Jameli? I'm here. The [03:42] man showed us a photo of when [03:46] we were all together, and I [03:51] just wanted to cry. What? [ FOREIGN ] [ FOREIGN ] [03:54] [ FOREIGN ] [ FOREIGN ] [ FOREIGN ] Deyuin keeps [03:55] crying too. He cries, [04:06] and cries, and cries. [04:14] And this [04:19] morning, I was [04:34] putting on my socks, and he [04:39] hit me in the head. And [04:43] he needed to put on his [04:48] socks and shoes too. [04:52] [ FOREIGN ] [ FOREIGN ] [ FOREIGN ] [ FOREIGN ] [04:54] [ SOUND ] [ BLANK_AUDIO ] [ FOREIGN ] I just want to [04:58] hug them and kiss them. It's [05:03] just so hard. I just want them by my side already [05:12] and to never be separated from them again. [ SOUND ] [05:16] [ BLANK_AUDIO ] [ BLANK_AUDIO ] [ INAUDIBLE ] I think [05:40] it's just all getting to me- [ BLANK_AUDIO ] Her story, [05:43] everyone else's that were not here. I [05:47] don't know why, [05:55] but just seeing how beautiful [ BLANK_AUDIO ] [06:17] Yesterday how she said [06:32] she hadn't been outside. [ SOUND ] [06:43] I guess it [06:57] finally got to me. [ SOUND ] [ FOREIGN ] [07:02] > [ FOREIGN ] [ FOREIGN ] When I had dropped off in [07:04] Albuquerque it was very weird, it was someone that I [07:07] didn't even know for 24 hours, and it was just a feeling [07:10] of. A feeling of hope, a feeling of helplessness, [07:14] a feeling of worry. We don't know what's [07:19] gonna happen. But just a feeling of I wanted her to be [07:35] OK. [ FOREIGN ] [ LAUGH ] [ FOREIGN ] [ FOREIGN ] [07:43] [ FOREIGN ] [ FOREIGN ] [ BLANK_AUDIO ] [ FOREIGN ] [07:45] [ FOREIGN ] [ BLANK_AUDIO ] [ BLANK_AUDIO ] What [08:14] is driving through the night? What is driving five hours [08:18] Through the line. What is that compare to what Jenny [08:22] must have experienced? Bringing three [08:26] kids from Guatemala through Mexico through [08:32] the Arizona desert. I mean, there's just ridiculous to [08:36] think that five hours. Driving in the night is, [08:40] how is that? [ BLANK_AUDIO ] An [08:44] inconvenience, or a [08:50] struggle of any kind. You know what this feels like to [08:54] me? This feels like a modern day underground railroad [08:58] Road is what it feels like to me. Even though Yenni [09:03] is travelling legally to New York city, the [09:08] fact that she doesn't have enough [09:13] documentation that would allow her to travel by plane [09:18] or by bus So this system [09:22] of [09:24] drivers and hosts along [09:28] the way, people opening up their Houses as [09:33] refuge, it just, [ MUSIC ] [09:39] It seems like a perfect parallel to the underground [09:41] railroad, like trying to move a [09:46] vulnerable body to [10:35] a safer place. [ MUSIC ] [ FOREIGN ] [ FOREIGN ] [10:39] [ BLANK_AUDIO ] [ FOREIGN ] [ FOREIGN ] How do you [10:41] say, how do you say We [10:48] are sorry for our President, and our [10:52] laws. And [11:14] sorry. [ FOREIGN ] [ FOREIGN ] [ FOREIGN ] [11:15] [ BLANK_AUDIO ] So, how do [11:20] you say, [ LAUGH ], [11:32] I am also an immigrant? [ FOREIGN ] That's one of [11:36] the general baseline rules. Like you don't mess with [11:39] kids, right? Like, you don't mess with babies, you don't [11:42] make them pawns. And I that that was something that [11:46] for I think many, many people who maybe don't [11:48] normally consider themselves activists or they don't [11:51] consider themselves to be political necessarily. It [11:55] touched something in them and it made them want to [11:58] act. I think she knew people were gonna drive her [12:00] across the country. I don't think she was expecting as [12:03] much care and as much attention. Definitely not as [12:06] much attention. But it was touching for her. Many [12:11] of us didn't know each other before this week, and it [12:12] was just incredible. How many people just [12:16] acted, they showed up, and they said, I'm here to do [12:19] this, just tell me what to do and I'll do it. And they did, [12:22] and there was Nobody had this sort of, guide that [12:26] ship. Everybody was going with it together. [ MUSIC ] [12:44] From the beginning the idea was never solely To [12:49] just do this for one person. It was if this works, [12:55] which would be a miracle, can it be replicated? You [12:58] want to tell us who to call? Yeah, sorry. [13:03] [ LAUGH ] Okay, so our official name now is [13:07] immigrant Families Together. Let's maybe turn for a [13:10] minute to our plan for Monday. I just wanna [13:13] re- emphasize every single person in this room right [13:16] now and every single person on this call right now has [13:19] Jenny's best interest at heart. We wanna stage maybe [13:22] six spots along the route once they come [13:26] into New York. Where we have hundreds of people [13:31] waiting with welcome signs along these spots on the [13:34] route. So it's really critical that we have massive turnout [13:36] at each of these spots so that it becomes something [13:39] that is impactful. i said on Facebook yesterday that I've [13:43] gone to bed every night this week totally awed by all of [13:45] you and what you bring to the table. And A former [13:50] social worker, I've been involved in social justice since I [13:58] was a child. And I've never [14:03] seen anything like [14:09] this. Julie wants a picture. Can [14:13] I send her a [14:17] picture? [ LAUGH ] Right here? [ BLANK_AUDIO ] [14:21] [ FOREIGN ] [ LAUGH ] [ FOREIGN ] [ FOREIGN ] [14:23] [ FOREIGN ] [ FOREIGN ] [ FOREIGN ] [ FOREIGN ] [14:26] [ FOREIGN ] I am friends will Julie, who started the [14:29] campaign in New York. And so she had told me [14:33] that they needed a driver from Pittsburgh to New York [14:35] on the last stretch, or the second to last stretch. And [14:38] so we immediately jumped at the chance. I think we've [14:41] both been so Desperate to contribute in some sort of [14:44] positive way to this catastrophic situation. All [14:49] right. [ FOREIGN ] [ BLANK_AUDIO ] [ BLANK_AUDIO ] I [14:57] grew up in a tiny village in Mexico and some [15:02] of my family members migrated to the North or [15:06] [ FOREIGN ], illegally without papers. This was [15:15] like in the 90s so things [15:22] were a little bit [15:27] different at that time. And I [15:40] was lucky that I [15:49] was able to [16:16] do it. Legally, to have the opportunity, [16:30] so I just feel like [16:42] there's a lot [16:46] for me to [17:45] pay off, to pay back. [ FOREIGN ] [ MUSIC ] [ MUSIC ] [17:48] [ FOREIGN ] [ MUSIC ] [ FOREIGN ] [ MUSIC ] [17:50] [ BLANK_AUDIO ] [ FOREIGN ] [ BLANK_AUDIO ] [17:51] [ FOREIGN ] [ FOREIGN ] [ BLANK_AUDIO ] [17:53] [ BLANK_AUDIO ] [ FOREIGN ] [ FOREIGN ] [ FOREIGN ] [17:56] When I got home there was a call and we were talking [17:58] about everything that was gonna happen in New York. [18:01] And I was just picturing her. Everyone very well [18:05] intended. Mentioned everyone trying to make this [18:08] work. But I felt like who's gonna be there for her? So he [18:11] kinda said, all right, well let me get out there. [18:13] [ FOREIGN ] [18:20] I called her, and I said hey, turns out I'm going to be in [18:23] New York to be there for you. And she kind of got [18:28] quiet and said, [ FOREIGN ], that's good because I was [18:30] missing you. [ LAUGH ] So, today, [18:37] Yanni Gonzalez is arriving after a cross country road [18:40] trip And so all of us have gathered here just with our [18:45] signs and our solidarity to welcome her to New York [18:48] City. We wanna let her know that there are people in [18:50] this country who love that she's here, who welcome her [18:52] here, and are working hard to make sure that she and [18:55] her children will stay together and not be separated [18:57] again. We are trying to show her support, mostly to To [19:01] make her feel comfortable that this is America's for [19:03] everyone we want our Want For example I am a Muslim [19:06] and I'm a sham in the meantime my networks are like [19:09] wired another way says black Hispanic so we want to [19:12] get the live in the neighborhood [20:03] like civilized. [ APPLAUSE ] Yeni, Yeni, Yeni, Yeni. [20:05] [ UNKNOWN ] [ SOUND ] [ FOREIGN ] [ BLANK_AUDIO ] [20:07] [ FOREIGN ] This is just grown. And I think that shows [20:09] what can happen when people Stop wishing they [20:14] could do something and stop just putting on Facebook, [20:17] you know, this is wrong. And start figuring out, okay [20:20] how can I help? Because that's what did this. It wasn't [20:23] one person who drove across the country. It wasn't one [20:26] person who gave the whole $ 7500 to take her out. I'm [20:30] pretty sure each donation has been a small donation. [20:38] Okay. Love you. [ FOREIGN ] [ SOUND ] [20:43] [ MUSIC ] [ FOREIGN ] [21:03] I wanna send [21:08] a message to all the mothers that are still detained [21:13] And Eloi? [ FOREIGN ] And I [21:20] want to send a message to all the mothers that are [21:23] fighting, that with the help of people like Julie, they're [21:27] going to come out of this. We've said before and we'll [21:29] say it again, we are going to do this, if we have to, one [21:33] by one to do what the government is not going to do. [21:42] [ MUSIC ] I don't know if I've ever bought [21:47] into the narrative [ SOUND ] That America is a place for [21:51] everyone. [ FOREIGN ] The home for tired [21:54] [ UNKNOWN ] masses yearning to be free, I actually [21:57] don't think we've done so great at that in many ways. [22:03] [ MUSIC ] I don't think that we can look away from [22:07] that, even as we are Admiring just like how generously [22:11] people showed up for this. [ MUSIC ] Jenny shouldn't [22:16] have to have gone and her children shouldn't have to [22:19] have gone through what they went through to a [22:23] welcoming country. It wasn't a welcome, and it doesn't [22:27] have to be that way. I hope we get better on that [22:31] welcoming because we've got a lot of work to do. 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