Keith Mack
There is no federal law mandating the separation of children from their parents at the US border. However, the Trump administration's zero-tolerance policy, announced in April 2018, led to the separation of thousands of children from their families. Despite this, Trump repeatedly blamed the Democrats for the policy, urging them to change their law. This claim has been deemed false, with reports suggesting that the Trump administration was considering a family separation plan as early as December 2017.
| Characteristics | Values |
|---|---|
| Date of the law | May 2018 |
| Party responsible | Republicans/Trump Administration |
| Previous administrations | No federal law requiring separation under Clinton or Obama |
| Continuation of policy | Some separations have continued after the official end of the practice |
| Policy details | Zero-tolerance policy, criminally charging and jailing undocumented migrants |
| Impact | Did little to deter migrants from crossing the border illegally |
| Legal action | ACLU filed class-action lawsuits against the Trump administration |
| Court ruling | U.S. District Judge issued a preliminary injunction against family separation |
| Conditions | Children held in poor conditions without basic necessities |
| Health concerns | Children prescribed antidepressants, health problems due to detention conditions |
| Loopholes | Separations continue due to loopholes in the court order |
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What You'll Learn
- There is no federal law mandating the separation of children from parents
- Trump blamed the Democrats for the law on several occasions
- The policy was introduced under the Trump administration
- The 1996 legislation Clinton signed led to increased deportations
- The 2018 Border Security and Immigration Reform Act made it easier to jail children
There is no federal law mandating the separation of children from parents
There is no federal law mandating the separation of children from their parents. The Trump administration's "zero-tolerance" policy, announced in April 2018, is responsible for the separation of migrant parents and children. This policy resulted in adult undocumented migrants crossing the US-Mexico border being criminally charged and jailed.
In June 2018, the American Civil Liberties Union (ACLU) filed a class-action lawsuit against the federal government on behalf of two mothers who had been separated from their children. The lawsuit sought a halt to the policy, which a US District Judge granted on June 26, 2018, issuing a nationwide preliminary injunction against the family separation policy.
Despite there being no federal law mandating the separation of children from their parents, the Trump administration has repeatedly blamed family separation on a law enacted by Democrats. For example, in June 2018, Trump tweeted, "Separating families at the Border is the fault of bad legislation passed by the Democrats. Border Security laws should be changed but the Dems can't get their act together!"
It is important to note that the separation of families at the border did occur prior to the Trump administration, but it was not the result of a federal law. In 1997, Democrat President Bill Clinton signed the Flores Settlement Agreement, which required unaccompanied minors who arrive in the US to be released to their parents, a legal guardian, or an adult relative. This agreement did not mandate the separation of families but rather outlined procedures for the treatment of unaccompanied minors.
In summary, there is no federal law mandating the separation of children from their parents. The family separations that occurred under the Trump administration were the result of a "zero-tolerance" policy enacted by the administration, not a federal law. While family separations did occur under previous administrations, they were not mandated by a federal law, and the Flores Settlement Agreement, signed by President Clinton, actually aimed to protect the rights of unaccompanied minors.
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Trump blamed the Democrats for the law on several occasions
There is no federal law mandating the separation of children from their parents at the US border. However, this did not stop Trump from blaming the Democrats for the law on several occasions.
On June 5, 2018, Trump tweeted: "Separating families at the Border is the fault of bad legislation passed by the Democrats. Border Security laws should be changed but the Dems can’t get their act together! Started the Wall."
On June 15, 2018, Trump told reporters, "I hate the children being taken away. The Democrats have to change their law — that’s their law." This was repeated by DHS Secretary Kirstjen Nielsen, who said, "Surely it is the beginning of the unraveling of democracy when the body who makes the laws, instead of changing them, tells the enforcement body not to enforce the law."
Trump also blamed former president Barack Obama for the policy, saying, "I inherited - and ended - a policy from President Obama that separates children from parents who cross the US-Mexico border illegally." However, immigration experts have clarified that while family separations did occur under the Obama administration, they were rare, and the surge of family separations began under Trump.
In fact, the Trump administration's "zero-tolerance" policy, announced on April 6, 2018, is responsible for the increased separations. Under this policy, adult undocumented migrants crossing the US-Mexico border were criminally charged and jailed, resulting in their separation from their children. Despite this, Trump continued to blame the Democrats, calling it "their law" and "the horrible law."
In March 2018, the American Civil Liberties Union (ACLU) filed a class-action lawsuit against the Trump administration, charging that the administration was illegally separating children from their parents while the parents awaited asylum proceedings. This led to a nationwide preliminary injunction against the family-separation policy issued by US District Judge Dana Sabraw on June 26, 2018.
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The policy was introduced under the Trump administration
There is no federal law mandating the separation of children from their parents at the US border. Despite this, in 2018, the Trump administration implemented a "zero-tolerance" policy that resulted in the separation of families.
The policy was first announced in April 2018, when Attorney General Jeff Sessions stated that parents caught crossing the border illegally would be prosecuted, and their children separated from them as required by law. However, there is no law that requires the separation of families at the border. This was a policy choice by the Trump administration.
In March 2018, the American Civil Liberties Union (ACLU) filed a class-action lawsuit against the Trump administration, charging that the administration was illegally separating children from their parents while the parents awaited asylum proceedings. Despite this, the policy continued, and in May 2018, CNN reported that immigration officials were no longer using their discretion to handle families or unaccompanied minors entering the US without documentation.
The policy was extremely unpopular, with only around 25% of Americans supporting it. It also attracted widespread criticism from human rights activists and the United Nations High Commissioner for Human Rights, who called on the Trump administration to "immediately halt" the practice.
Conditions in the detention centres where children were held were reportedly poor. In July 2019, several Democratic members of Congress visited migrant detention centres in Texas and reported seeing children being held in "horrific cells" with an open toilet in the middle of the room. The children were given inadequate food and lacked basic hygiene items such as soap and toothbrushes. Some children reported not having had a clean change of clothes or a bath for weeks.
On June 20, 2018, Trump announced that he would sign an executive order to end family separations, stating that "we're going to keep families together but we still have to maintain toughness or our country will be overrun by people, by crime." However, even after the official end of the policy, some family separations have continued to take place, and children have reportedly been kept in appalling conditions.
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The 1996 legislation Clinton signed led to increased deportations
There is no federal law mandating the separation of children from their parents at the US border. This was a policy enacted by the Trump administration in April 2018, as part of its "zero-tolerance" approach to undocumented migrants.
Despite this, Trump repeatedly blamed the Democrats for the policy, stating that they needed to "change their law" and that it was "their law". This claim has been deemed false, as there is no law requiring family separation.
The 1996 legislation signed by President Bill Clinton did lead to increased deportations and criminal penalties for those entering the US illegally. However, it did not call for the separation of children from their parents. The law was later softened to accommodate Central American immigrants.
The Trump administration's family separation policy was notably unpopular, with only around 25% of Americans supporting it. It led to horror stories, such as that of a Honduran father who killed himself after being separated from his wife and child, and three siblings who were told they couldn't hug each other in the shelter.
The policy was officially ended by Trump in June 2018, but some family separations have continued, and children are reportedly being kept in poor conditions.
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The 2018 Border Security and Immigration Reform Act made it easier to jail children
There is no federal law mandating that children and parents be separated at the border. The separation of children from their parents at border crossings was a policy enacted in May 2018. This policy was a result of a series of policy choices made by the Trump administration.
In 2018, the House Republicans voted on a bill known as the Border Security and Immigration Reform Act. This bill was purported to protect Dreamers and end family separation. However, it did neither. The bill, also known as H.R.6136, included dangerous provisions that made it easier to jail children and families. It also made it harder to apply for asylum. The bill would not have stopped Sessions' zero-tolerance prosecutions, which were the main driver of family separation.
The bill proposed amendments to the immigration laws and provided for border security. It included sections on repatriation, clarification of standards for family detention, detention of dangerous aliens, grounds of inadmissibility, and deportability for alien gang members. It also covered special immigrant juvenile status for immigrants unable to reunite with either parent.
The Trump administration attempted to shift the blame for the family separation policy onto the Democrats. On June 5, 2018, Trump tweeted that the separation of families at the border was the fault of bad legislation passed by the Democrats. However, this was a false claim. The family separation policy was a direct result of the Trump administration's policy choices.
The humanitarian crisis at the border led to nearly 2,000 immigrant children being separated from their parents in just six weeks. The administration's response to this crisis was widely criticized as inhumane and unlawful. The courts have repeatedly sided against the administration on this issue, stating that the government cannot use cruelty as a weapon against people fleeing violence.
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Frequently asked questions
No. There is no federal law mandating the separation of children and parents at the border. The family separation policy was enacted by the Trump administration in April 2018.
No. In 1997, President Clinton signed the Flores Settlement law, which required unaccompanied minors arriving in the U.S. to be released to their parents or an appropriate adult.
No. While there was a surge of families arriving at the U.S.-Mexico border during Obama's presidency, there was no law mandating family separation.
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