The payment of compensation to immigrant families separated on the US border under the “family separation policy” is on the Biden government's agenda of the Donald Trump government.

The separation policy started in 2014 and since then has faced some interruptions. It was a very difficult process for families, whose members (including children and adults) suffered continuous trauma caused by the rule of “zero tolerance” to immigrants during the government of Trump. The payment of compensation by the federal government would be a way of resolving the lawsuits filed by the families who went through this process. Joe Biden has pledged to bring these families together again in fulfillment of the June 2018 order of the San Diego federal judge.

The NGO “American Civil Liberties Union” (ACLU) pointed out that in 2017 there was “more than 2,000 children being taken from their parents, the Department of Homeland Security had quietly begun taking hundreds of children away from their parents to deter would-be asylum seekers from coming to the United States”. The NGO also identified that around 5,000 children were separated from their families during Trump's administration.

According to The New York Times, the approximate value of compensation is US$ 450,000 per person, however, “for the federal government, putting a number on what it might owe the families — some of whom are now suing for damages — has proved complicated”, especially from the end of October this year when there was a resurgence of debate on the character of compensation.

Furthermore, according to the publication, “it is unclear how many people would be eligible for such a payment if an agreement is reached. Fewer than 1,000 of the 5,500 affected families have filed a tort lawsuit, according to migrant lawyers.” In addition, Biden must face attacks from politicians and right-wing analysts who accuse the government of benefiting people who violated federal immigration law. Many point out that the amount under negotiation is unjustified, and that Biden is encouraging illegal immigration.

On the other hand, this compensation process, which can take months and even years, is a delicate point for Democrats who, despite their interest in “making amends to the separated families”, are concerned about the party's image, which can be accused of being negligent to undocumented people.

Senator Tom Cotton of Arkansas asserted that the payments would surpass $1 billion, and he associate it with paying “damages to a burglar who broke into your home for the ‘psychological trauma’ they endured during the crime”.

Moreover, according to the newspaper, “most of the reunified families remain in the United States, where they are in removal proceedings while seeking asylum. But many of the parents were deported when the separations occurred. A few of them have been allowed to return to the United States this year, and immigration advocates are still trying to locate more than 200”.