Federal Judge Allows Hausfeld’s Family Separation Suit Against ICE Contractor to Proceed
A California federal judge has largely denied a motion by MVM Inc., a U.S. Immigration and Customs Enforcement (ICE) contractor, to dismiss a class action lawsuit brought by a father and son for the company’s role in the Trump administration’s family separation policy.
In a ruling issued Monday, March 3, U.S. District Judge Dana M. Sabraw rejected MVM’s arguments that the case should be dismissed on sovereign immunity grounds or because the federal government was not a party to the litigation. The judge noted that MVM failed to provide the court with its contract with ICE, making it impossible to determine whether the government had explicitly authorized or directed the company’s actions.
Hausfeld filed this groundbreaking class action lawsuit on July 23, 2024, seeking damages from MVM, Inc. for its role in the forced separation of thousands of migrant children from their parents. These children, including infants and those with medical needs, were taken without due process as part of a policy aimed at deterring asylum seekers. More than 4,500 children were separated from their parents, many transported by MVM to distant locations under deceptive and inhumane conditions. Some of these children have been permanently orphaned.
The lawsuit, filed by a father and son identified as "Padre" and "Junior," alleges that they were asylum seekers who were unlawfully separated for nearly six years. The family separation policy was later declared unconstitutional and blocked following separate litigation against the federal government. The plaintiffs bring human rights claims under the Alien Tort Statute, including enforced disappearance, torture, and cruel and inhumane treatment, as well as civil rights and common-law tort claims for child abduction and emotional distress.
Judge Sabraw ruled that claims under the Alien Tort Statute, including allegations of torture and enforced disappearance, as well as a child abduction claim under California law, may proceed. While the judge dismissed certain civil rights claims as time-barred, he granted plaintiffs the opportunity to amend their complaint to further argue for an extension of the statute of limitations.
Hausfeld partner Scott A. Gilmore, who represents the plaintiffs, underscored the significance of the decision to Law360:
“This is about holding the contractor accountable for its role in this policy,” Gilmore told Law360. “Plaintiffs claim this was torture and enforced disappearance, and those claims are moving forward. We'll be proceeding to discovery on the issue of whether this was an intentional human rights law violation.”
Hausfeld LLP represents the plaintiffs alongside co-counsel from Schonbrun Seplow Harris Hoffman & Zeldes LLP and Al Otro Lado.
To read more: ICE Contractor Loses Immunity Bid In Family Separation Suit - Law360 (subscription only)
