Separated Families

The Separation of Immigrant Families
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The Trump administration launched a zero-tolerance immigration policy on April 6, 2018. This policy requires that we prosecute all individuals who unlawfully migrate into the United States. This in turn triggered a rule where adults-who were sent to jail or long-term indefinite detention while their case is processed-to become unable to stay with their children, which causes unaccompanied minor laws to activiate. The consequence is a system that separates families. The policy’s intentions are to discourage immigrants from migrating into the United States (Hegarty).
Historical Context
The U.S. has a long history of separating children from their parents.Government policies forced apart the families of enslaved Africans, Native Americans, Latinx immigrants, and detained Japanese-Americans during World War II (Kaur). 
Evolution of the Policy

• On June 20, President Donald Trump signed an executive orderdirecting Secretary of Homeland Security, Nielsen, to keep families in custody together “during the pendency of any criminal improper entry or immigration proceedings involving their members” at least “to the extent permitted by law” (Robertson)
• By a vote of 301 to 121, the House rejected a wide-ranging GOP immigration billthat would have funded President Trump’s border wall (Barrett, DeBonis, Miroff & Stanley-Becker)
• The federal government was under a deadline to reunify more than 2,500 children separated from their parents under a new immigration policy designed to deter immigrants from coming here unlawfully. (Spagat & Long) 
  • On July 6, 2018 at a court hearing in San Diego, the administration said it may need more time July 10 to return all kids younger than 5 and July 26, 2018 to reunify all other families (Collinson)

Effects/ Changes/ Consequences

• Between May 5, 2018 and June 9, 2018 the Trump administration seperated a total of 2,342 children from their parents (Robertson)
  • Children suffer destabilizing impacts such as emotional and behavioral outcries or even fears of leaving parent’s side due to separations (Barrett, DeBonis, Miroff & Stanley-Becker)

○     The administration “lost” 1,500 immigrant children (Valverde)

• Immigrants with minor convictions are subject to “mandatory detention,” which means that they are not released on bail, and remain incarcerated for the duration of their deportation cases. (Oshiro)

●      The separation and reunification of families has long term fiscal consequences.
○      The Health and Human Services department has spent at least $40 million to house and reunite the thousands of children separated from their parents at the border
○      The Trump administration allocated more than $200 million from other health and refugee programs towards costs related to separated families
■     In example, Trump administration's border policy used $17 million in unspent funds for the Ryan White HIV/AIDS program (Mark) 
●     Immigration officials lied to Parents into waiving their rights away.
○     Some parents said that immigration officials convinced them to waive their rights, including to seek asylum, telling them it was the only way, or the fastest way to reunification with their children. (U.S. Seperated Families)
■    In other cases, officials deported parents alone with no information about their separated children, who remained in the US. 

• The American Civil Liberties Union (ACLU) had alleged in a court filingthat officials asked some familiesto pay hundreds or even thousands of dollars just to reunite with their children. US District Judge Dana Sabraw said the government must shoulder the expenses instead. (Mark) 

Responses

• June 26, 2017, 17 states, including New York and California, sued Trump’s administration in an attempt to require federal officials to reunite families. (Barrett, DeBonis, Miroff & Stanley-Becker)
• Judge Dana M. Sabraw granted the ACLU request, saying Trump’s administration must return all migrant children separated from their parents must to their families within 30 days, allowing 14 days for the return of children under age 5, and detention centers must allow parents to speak by phone with their children within 10 days. (Barrett, DeBonis, Miroff & Stanley-Becker)
  • Lee Gelernt, ACLU’s head attorney in the case, welcomed the injunction.“This ruling is an enormous victory for parents and children who thought they may never see each other again,” Gelernt said in a statement.” (Barrett, DeBonis, Miroff & Stanley-Becker)
• Sabraw faulted the Trump administration for “a chaotic circumstance of the government’s own making,” marking a sharp departure from “measured and ordered governance, which is central to the concept of due process enshrined in our Constitution.” (Barrett, DeBonis, Miroff & Stanley-Becker)
• December 11, 2017: Immigration advocacy organizations file a joint complaintto the Department of Homeland Security about family separations.(Hegarty)
• The United Nations human rights office has also called for an end to the Trump administration’s practice that separates children and parents, saying that using immigration detention and family separation "as a deterrent runs counter to human rights standards and principles."(Valverde)

Avenues of Advocacy
While families are being reunited overtime, the people of the United States cannot allow this to happen again. The separation of families is not a new act of violence, in fact it is an extention of U.S. history, but this history should not be repeating itself. 
Communities must take strides to changing xenophobic cultures surrounding them. Welcome new immigrants and repel any rhetorics used to criminalize people. Keep in mind that most immigrants making the dangerous journey into the United States do so with reason. 

• Advocating for the U.S. government to embrace, “compassionate, dignified, and effective alternatives to detention, and invest in a fair and timely immigration adjudication system” (U.S. Separation of Families)

• Do not praise the government for their efforts in reunifying families. “The government shouldn’t be proud of the work they’re doing on reunification, it should just be” (Spagat & Long)

Local organization like ourselves-who work through policy, accountability, and education to create racial equity-can use support in our work to change the culture and infrastructure that allow xenophobia to prosper. 
Community members can also donate to organizations working “on the ground” or if able, volunteer at a host organization if you have skills such as translating and organizing.
For example, there is great need to fundraise around immigration bonds. Immigration bonds are required of some detained immigrants and those immigrants cannot be released from custody and reunited with familied until the bond is paid in full. Immigration bonds are set at a minimum of $1,500 and canb e as high as $50,000-even without a criminal record.  Some detained immigrants, including parents who were separated from their children at the border, can be released from custody and reunited with their families while awaiting hearings ― but only if they pay their immigration bond in full. RAICES, see link below, has recently dedicated much of their fundraising efforts to paying these bonds. 
 
Places to consider donating 
The Young Center for Immigrant Children’s Rights
 CARA Pro Bono Project in Dilley, Texas 
 Florence Immigrant and Refugee Rights Project
ALDEA ― The People’s Justice Center
Santa Fe Dreamer’s Project
Las Americas Immigrant Advocacy CenterRAICES
Volunteer at Texas Civil Rights Project 
 
Last, contact your federal representatives. Ask them to put pressure on our federal government to reunite families quickly and for comprehensive immigration reform so that we can adequately welcome the refugees and immigrants who come to this country instead of criminalizing human migration.  
 
 
 
Bibliography
Barrett, Devlin, et al. “Congress, Courts Stymie Trump Border Crackdown.” Washington Post, 27 June 2018, www.washingtonpost.com/news/morning-mix/wp/2018/06/27/federal-judge-enjoins-separation-of-migrant-children-orders-family-reunification/?utm_term=.924141f6f40d.
Collinson, Stephen. “The Trump Administration Separated Families. Reuniting Them Is a Giant Mess.” CNN Politics, 7 July 2018, www.cnn.com/2018/07/07/politics/donald-trump-immigration-separations-crisis-politics/index.html.
United States Department of Justice, Office of Public Affairs , and Attorney General . “Attorney General Announces Zero-Tolerance Policy for Criminal Illegal Entry.” Attorney General Announces Zero-Tolerance Policy for Criminal Illegal Entry, 2018.
Hegarty, Aaron. “Timeline: Immigrant Children Separated from Families at the Border.” USA Today, 27 June 2018, www.usatoday.com/story/news/2018/06/27/immigrant-children-family-separation-border-timeline/734014002/.
Kaur, Harmeet. “Actually, the US Has a Long History of Separating Families.” CNN, 24 June 2018, www.cnn.com/2018/06/24/us/us-long-history-of-separating-families-trnd/index.html.
Mark, Michelle. “Trump's Family Separation Crisis Has Reportedly Cost Tens of Millions of Dollars and Taken Funds Away from Health Programs.” Insider, 18 July 2018, www.thisisinsider.com/cost-of-trump-family-separation-crisis-2018-7.
Oshiro, Sarah Deri. “Immigration Enforcement Has Always Separated People from Their Families. Trump Just Made It More Visible.” NBCNews , NBC Universal , 27 July 2017, www.nbcnews.com/think/opinion/immigration-enforcement-has-always-separated-people-their-families-trump-just-ncna895291.
Robertson, Lori. “Fact Check: Did the Obama Administration Separate Families?” USA Today, 23 June 2018, www.usatoday.com/story/news/politics/2018/06/23/trump-obama-administration-separate-families-immigration/728060002/.
Spagat, Elliot, and Colleen Long. “700 Kids Still Separated From Their Families After Government Misses Reunification Deadline.” Time, 26 July 2018, time.com/5350788/kids-separated-from-families-july-26-deadline/.
“Us: Separated Families Report Trauma, Lies, Coercion.” Humans Rights Watch, 26 July 2018, www.hrw.org/news/2018/07/26/us-separated-families-report-trauma-lies-coercion.
Valverde, Miriam. “What You Need to Know about the Trump Administration’s Zero-Tolerance Immigration Policy.” Politifact, 6 June 2018, www.politifact.com/truth-o-meter/article/2018/jun/06/what-you-need-know-about-trump-administrations-zer/.
 

Jessica RodriguezAdvocacy & Programming Intern at Racially Just Utah
Kathy Abarca
 Executive Director at Racially Just Utah