In a devastating development for thousands of children and parents who were forcibly separated and traumatized by the previous presidential administration, the Justice Department has ended settlement talks with families who have filed legal action against the federal government. The department claimed in a statement that while parties were “unable to reach a global settlement agreement at this time,” it was still open to future talks.

But advocates for families said that the federal government had instead caved to craven political gamesmanship in ending negotiations. “There’s no explanation for not settling these cases other than the Biden administration is unwilling to use literally any political capital to help the young children deliberately abused by our government,” the American Civil Liberties Union’s (ACLU) Lee Gelern told NBC News. And because the Justice Department is walking away, many families will be excluded from justice. Here’s why.

Recall how the Justice Department claimed in its statement that it was unable to reach “a global settlement” agreement? “Here’s what this means,” tweeted American Immigration Council policy counsel Aaron Reichlin-Melnick. “Over 5,000 families were separated under Trump. Nearly 1,000 have filed a claim under the Federal Tort Claims Act. No ‘global settlement’ means each family has to fight individual lawsuits in court. For many, that’s not possible, so they’ll get nothing.”

“DOJ will likely still settle many of the individual lawsuits, or lose some court battles,” he continued. “For some families that might mean a payout far higher than the $450,000 global settlement discussed. But for those who can’t afford lawyers or aren’t aware of how to sue, this is the end.”

In a Twitter thread, Reichlin-Melnick shared horrific details from his organization’s lawsuit against the family separation policy, a policy that Physicians for Human Rights previously called “torture.” He noted the case of C.M. and her 5-year-old son, who were separated for more than two months. “This mom and her son crossed the border in May 2018 seeking asylum. When she got to a Border Patrol station, agents said they were going to take her son. and said ‘Happy Mother’s Day.’”

”C.M. and her son were kept in the cell for two days,” Reichlin-Melnick continued. “She was in constant fear. Then the moment came; a Border Patrol agent entered the cell and told her he was taking her son away. She begged with the agent not to do it. But the agent just laughed and made fun of her accent.” Reichlin-Melnick said the boy held onto C.M. “so hard that Border Patrol agents had to pry him from her arms by force.” He said “the government has now chosen to defend in court.”

Senate Republicans like Maine’s Susan Collins had previously called the family separation policy “traumatizing,” saying kids are “innocent victims” and stating that separating them from their families “is contrary to our values in this country.” But now she’s among the dozens of extremists seeking to block justice for families. Others, like Minority Leader Mitch McConnell, have issued anti-immigrant propaganda about “people who broke federal law to enter the country.” Once again, seeking asylum is legal immigration.

It should also be noted there was no similar opposition when it came to the Justice Department’s Parkland settlements last month.

“Little children were deliberately abused by our government, yet the Biden administration is now going to defend the practice in court,” Gelernt told CBS News, echoing Reichlin-Melnick. “That is shameful.” In a statement received by Daily Kos, Kids in Need of Defense (KIND) president Wendy Young called the Justice Department’s withdrawal from global settlement negotiations “simply unconscionable.”

“Children were torn from their parents’ arms without a second thought or a clear government plan to ensure that they were reunified with their families,” Young said. “All too many of those families remain separated today; some may never be reunited. This unthinkable pain and suffering inflicted by the United States deserves accountability from an administration ostensibly working to make these families whole again. What we see in today’s announcement is an administration bowing to political pressure and skirting its responsibility to uphold a key promise to address the harms done to these children and their families.” 

Physicians for Human Rights’ Kathryn Hampton said that “instead of bowing to right-wing ideologues, the Biden administration should pursue justice and accountability for the deeply traumatized children and parents,” NBC’s Jacob Soboroff reported. First Focus on Children president Bruce Lesley in a statement received by Daily Kos also urged the administration to “honor its campaign promises to migrant children and return to the negotiating table to redress the intentional cruelty inflicted on children by the previous administration.”