Gavin Howe
There is no federal law that mandates the separation of parents and children who cross the border illegally. However, in 1996, President Bill Clinton signed immigration reform legislation that toughened illegal immigration penalties and quickened the pace of deportations. This led to an increase in criminal penalties for those entering the country illegally and resulted in the separation of some immigrant families living in the US. In 2018, the Trump administration implemented a zero-tolerance policy at the southern border, which led to the separation of thousands of children from their families. This policy was ended by Trump in the same year, but some family separations have continued.
| Characteristics | Values |
|---|---|
| Did Clinton create a law that separates parents and children? | No, there is no federal law that mandates separating children from parents who cross the border illegally. |
| Who decided to separate families? | In 2018, then-Attorney General Jeff Sessions instituted a "zero tolerance" policy that resulted in children being separated from their parents. |
| Who implemented the "zero tolerance" policy? | The Trump administration implemented the "zero tolerance" policy. |
| Who ended the "zero tolerance" policy? | Trump issued an executive order ending the "zero tolerance" policy. |
| Did Obama separate families at the border? | A “minuscule" number of children were removed from their parents in rare cases, such as a parent being arrested on a drug charge. |
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What You'll Learn
Clinton's 1996 immigration reforms
There is no law that requires parents and children to be separated if they are entering the United States illegally. However, in 1996, President Clinton signed the Illegal Immigration Reform and Immigrant Responsibility Act (IIRAIRA), which made significant changes to the Immigration and Nationality Act (INA). The Act was intended to "'crack down' on illegal immigration at the border, in the workplace, and in the criminal justice system" by strengthening immigration enforcement. While the Act did not mandate the separation of families, it did lead to increased deportations and criminal penalties for those entering the country illegally, which could result in family separation.
The IIRAIRA expanded the definition of aggravated felony and reduced the penalty threshold for crimes to be considered aggravated felonies from five years to one year. This made it easier to deport non-citizens convicted of certain crimes and place them into expedited removal proceedings without judicial review. The law also restricted the number of people who could avoid deportation each year and made it more difficult for undocumented immigrants to adjust their status to permanent residence.
The Clinton administration's goal in enacting IIRAIRA was to deter further illegal immigration into the US. However, despite a noticeable increase in annual deportations since the policy was enacted, overall illegal immigration has increased, according to data compiled by the Pew Research Center.
While IIRAIRA did not specifically address the separation of families, it did have an impact on family units. For example, undocumented immigrants residing in the US for six months would need to leave the country for three years before applying for legal status, increasing to 10 years if they remained in the US. This could potentially result in families being separated for extended periods.
It is important to note that the separation of families at the border has been a complex and evolving issue, with various administrations implementing different policies and enforcement mechanisms. While IIRAIRA did contribute to the broader context of immigration enforcement and family separation, there is no evidence that President Clinton created a law specifically mandating the separation of parents and children at the border.
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Trump's zero-tolerance policy
There is no federal law that stipulates that children and parents be separated at the border, regardless of how families entered the United States. However, in April 2018, then-Attorney General Jeff Sessions announced a new "zero-tolerance" policy that led to the separation of parents and children at the border. This policy directed US attorneys' offices along the southwest border to accept for criminal prosecution all cases involving illegal entry.
Under this policy, adults (with or without children) who entered the country illegally were criminally prosecuted and faced custody. This resulted in the separation of nearly 3,000 children from their parents before President Trump signed an executive order on June 20, 2018, halting family separation. The Trump administration claimed that there was no "blanket policy" to separate families and that family separation was an unintended consequence of the "zero-tolerance" policy, combined with a federal court action limiting the detention of children.
It is important to note that while Clinton did sign legislation in 1996 that increased criminal penalties for illegal entry and deportations, this did not call for the separation of children from their parents. Similarly, while there were reports that the Obama administration had separated children from their parents, this was done in rare cases, such as when a parent was arrested on drug charges.
In summary, while there was no specific law mandating the separation of parents and children at the border, the Trump administration's "zero-tolerance" policy resulted in the widespread separation of families, with nearly 3,000 children affected before the policy was halted. The Trump administration's handling of this issue has been widely criticized, and the administration has been unwilling to take full responsibility for the impacts of its policy.
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Obama's separation policy
There is no federal law that stipulates that children and parents be separated at the border, regardless of how families entered the United States. While former President Bill Clinton did sign immigration reforms in 1996 that toughened illegal immigration penalties and quickened the pace of deportations, the legislation did not mandate the separation of children and parents crossing the U.S. border.
Now, regarding Obama's separation policy, it is important to note that there was no blanket policy during his administration to prosecute parents and routinely separate them from their children. The Obama administration did separate migrant children from their families in certain limited circumstances, such as when the child's safety appeared at risk or when the parent had a serious criminal history. However, the Obama administration also tried to detain families together, and there was no "zero tolerance" policy in place, as was instituted by the Trump administration.
During the Obama-Biden administration, facilities were built to house children at the border. These were chain-link enclosures inside border facilities where migrants, separated by sex and age, were temporarily housed. Photos of these enclosures, taken by the Associated Press in 2014, circulated online during the controversy over Trump's zero-tolerance policy and generated significant anger. However, it is important to note that these enclosures held unaccompanied children, and the Obama administration did not have a policy of routinely separating children from their parents at the border.
While there were some family separations under the Obama administration, the rate was lower than that of the Trump administration. Cecilia Muñoz, the director of the Obama administration's Domestic Policy Council, confirmed that while a multi-agency team considered various options, including family separation, they quickly concluded that it was a morally objectionable idea and did not adopt it as a policy.
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Border Security laws
There is no federal law that mandates the separation of children from parents who cross the border illegally. While it is true that President Bill Clinton passed immigration reforms in 1996 that increased criminal penalties for those entering the country illegally and quickened the pace of deportations, the legislation did not explicitly call for the separation of children from their parents.
In 1997, Clinton signed the Flores Settlement law, which required that unaccompanied minors arriving in the US be released to their parents, a legal guardian, or an adult relative. If no relatives are available, a suitable adult can be appointed by the relevant government agency to care for the child. This law does not recommend family separation.
The surge in family separations at the border can be attributed to the "zero-tolerance" policy implemented by Attorney General Jeff Sessions in April 2018. This policy resulted in adults being criminally prosecuted for attempting to enter the US, leading to the separation of families. Despite Trump's assertions, there is no evidence that a family separation policy was inherited from the Obama administration. While a small number of children were removed from their parents during Obama's presidency, this occurred only in rare cases, such as when a parent was arrested on drug charges.
The Trump administration has been unwilling to take responsibility for the family separations, instead blaming the Democrats and claiming that the policy was effective in reducing border crossings. Hillary Clinton and other Democratic lawmakers have strongly criticized the Trump administration's policy, calling it "horrific" and "traumatizing" for children. Despite officially ending the practice, some family separations have continued, and children have reportedly been kept in appalling conditions.
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Conditions in border facilities
There is no US law that requires parents and children to be separated if they are entering the country illegally. However, the US government has been criticized for its role in forcibly separating children from their parents at the US-Mexico border. This issue came to the fore during the Trump administration, which implemented a "'zero-tolerance' policy that resulted in the separation of more than 4,600 children from their parents between 2017 and 2021.
The conditions in border facilities for those who have been separated are a cause for concern. Reports describe the facilities as "jail-like" and state that children have endured mistreatment while in the custody of US Customs and Border Protection (CBP). CBP has been criticized for failing to provide children and parents with the required visits in custody and for not adequately informing them of their rights to such visits. Furthermore, CBP data reflects that in the Southwest Border region, many children in families are routinely held for more than 72 hours, with some being detained for up to 16 days.
The trauma experienced by children due to separation from their parents cannot be overstated. Pediatricians and psychologists have reported that early traumatic experiences, such as separation, can disrupt the development of children's brain architecture, leading to lifelong harm. Children and parents interviewed by Human Rights Watch described feelings of intense anguish, profound anxiety, and other trauma. A federal judge observed that the government kept better records of property than of the children in its care, indicating a lack of priority given to the wellbeing of these separated families.
The issue of family separation is not unique to the Trump administration. During the Obama administration, there were also reports of family separations, although these occurred in rare cases, such as when a parent was arrested on drug charges. Additionally, the Clinton administration passed immigration reforms in 1996 that increased criminal penalties for illegal immigration and quickened the pace of deportations, which resulted in the separation of some immigrant families. However, it is important to note that there was no specific law enacted by Clinton that mandated the separation of parents and children.
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Frequently asked questions
No, there is no federal law that mandates the separation of parents and children. In 1996, President Bill Clinton signed immigration reforms that toughened illegal immigration penalties and quickened the pace of deportations, but the legislation did not call for the separation of children and parents crossing the U.S. border.
No, there is no federal law that stipulates the separation of parents and children. The Trump administration introduced a zero-tolerance policy in 2018 that resulted in the separation of families, but this was not a law and was ended by executive order.
No, although there were reports of family separations during the Obama administration, there was no policy in place to enforce this.
