“If he follows through on what he said, the president is abandoning a core campaign promise to do justice for the thousands of separated families,” Anthony Romero, the executive director the A.C.L.U., said in a statement. “We respectfully remind President Biden that he called these actions ‘criminal’ in a debate with then-President Trump, and campaigned on remedying and rectifying the lawlessness of the Trump administration.”
Mr. Romero also acknowledged that Mr. Biden may have been caught off guard by the question and may not have been aware of the details of ongoing negotiations with the Justice Department.
The comments, however, also amounted to the second time in recent weeks the president has spoken about pending Justice Department actions. After Mr. Trump repeatedly interfered in the department’s affairs, Mr. Biden made restoring independence to the agency one of his goals.
Asked about the president’s comment on Wednesday, Dena Iverson, a spokeswoman for the Justice Department, said “the department will not comment on ongoing litigation.”
Mr. Biden said last month that the Justice Department should prosecute those who defy subpoenas from the House committee investigating the Jan. 6 attack on the Capitol, a comment he later walked back during a CNN town hall.