Since last summer, Sabraw has repeatedly ruled that the Trump administration has violated the terms of the settlement and ordered the government to rectify those violations. “The Trump administration has been violating the settlement from Day One” of his second term, Gelernt said outside court. The Biden administration inherited the case and reached a settlement with the ACLU in 2023. Sabraw rejected the government’s DEI argument and thus far has consistently sided with the ACLU and the separated families. The government argued that those fees should apply to the families covered by the settlement, while the ACLU argued that the terms of the settlement provide an exemption from such fees.