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Date: November 25, 2024 Mon

Time: 9:53 pm

Results for family detention

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Author: Isacson, Adam

Title: A National Shame: The Trump Administration's Separation and Detention of Migrant Families

Summary: The zero tolerance policy's most visible outcome was the mass separation of asylum-seeking parents and children. The Trump administration's ham-fisted effort to implement the policy affected over 2,575 families in about 50 days. The nation was convulsed by images of tearful children, the chain-link cages used to hold them at Border Patrol's temporary processing center in Texas, tent cities, pediatricians reporting on the conditions in "tender age" detention centers for toddlers, as well as a leaked recording of young children crying inconsolably for their parents. Family separations at the border have stopped for now, but may be replaced by something just as severe: long-term incarceration of families awaiting adjudication of their asylum claims. Meanwhile, effective, cheaper alternatives exist and have worked in the past yet the Trump administration has curtailed their use. WOLA's third and final report in this border series will discuss U.S. authorities' severe disregard for human rights, and for migrants' humanity and dignity, before, during, and in the chaotic aftermath of the 50 days during which family separation was official policy. Detailed media reporting and research along the border, including our own during a June visit to Arizona, made visible the callousness, cruelty, and incompetence with which the administration separated thousands of children from their parents. We witnessed a clear and indelible departure from long-held U.S. values. But even as we seek to draw lessons and avoid repetition, the path to reunification for hundreds of families remains unclear. While U.S. authorities are no longer separating families at the border as a policy, this report outlines the ramifications of mass family detention in place of family separation. The wave of family separations resulted directly from the zero-tolerance policy, because when parents are charged with a criminal offense (in this case "improper entry" at the border), held pending trial, or serving time in prison, they cannot be detained with their children. After release from the criminal justice system, most families persisted in seeking asylum in the United States, although hundreds of parents desisted from their claims and were deported back to Central America believing that this would be the fastest way to be reunited with their children. The Trump administration has sought the ability to keep entire families in immigration detention while they await decisions on their asylum cases. So far, that cannot happen: current jurisprudence, by way of the 1997 Flores Settlement setting "the best interest of the child" as the standard, prohibits holding children in detention for more than 20 days, even with their parents. Flores, which continues to be upheld in U.S. courts, serves as the strongest existing safeguard against widespread family detention.

Details: Washington, DC: Washington Office on Latin America (WOLA), 2018. 26p.

Source: Internet Resource: Accessed August 29, 2018 at: https://www.wola.org/wp-content/uploads/2018/08/National-Shame-Report-FINAL.pdf

Year: 2018

Country: United States

URL: https://www.wola.org/wp-content/uploads/2018/08/National-Shame-Report-FINAL.pdf

Shelf Number: 151278

Keywords:
Asylum Seekers
Family Detention
Human Rights Abuses
Illegal Immigrants
Immigrant Detention
Immigration Enforcement
Immigration Policy
Migrants