Anaya Nolan
The separation of families at the US-Mexico border has been a highly controversial topic in recent years. The Trump administration's zero tolerance immigration enforcement policy, implemented in 2018, saw a significant increase in the number of families being separated, with children being taken from their parents as they crossed the border without permission. This practice has continued under the Biden administration, despite promises to keep families together. The issue has sparked outrage and litigation from civil liberties groups such as the ACLU, who argue that the practice is deliberately cruel and abusive.
| Characteristics | Values |
|---|---|
| Who is responsible? | The Trump administration, U.S. Customs and Border Protection (CBP), the Biden administration |
| Who is affected? | Immigrant parents and their children |
| Where does it happen? | The U.S.-Mexico border |
| When did it start? | Mid-2017 |
| Is it still happening? | Yes |
| Is it legal? | Yes, crossing the border without proper documentation is a misdemeanor |
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What You'll Learn
- The Biden administration's executive actions that promise to keep some families together, while doubling down on policies that separate families at the border
- The Trump administration's zero tolerance immigration enforcement policy
- The Biden administration halts settlement talks aimed at compensating families separated at the border
- The National Immigrant Justice Center (NIJC) reports that the Biden administration is routinely separating families through detention and deportation
- The ACLU's motion to stop family separations
The Biden administration's executive actions that promise to keep some families together, while doubling down on policies that separate families at the border
On 20 January 2021, the Biden-Harris administration formed a Family Reunification Task Force and issued executive orders on regional migration and legal immigration. The task force estimates that more than 1,000 families remain separated.
On 3 May 2021, the Biden administration announced that four migrant families who were separated under the prior administration's 'zero tolerance' border policy would be reunited. The four parents – who were deported without their children – were given humanitarian parole, allowing them to return to the United States. Another 30 deported migrant parents were expected to reunite with their children in the United States in May and June 2021.
Biden's executive order also directs relevant federal agencies to issue new guidance about immigration enforcement priorities. Former administrations prioritised the removal of immigrants convicted of serious crimes, those who threatened national security, and recent border entrants.
Biden has also unveiled an executive action that offers deportation protections to undocumented spouses and children of US citizens. This action will allow them to file paperwork for legal status in the United States, and allow them to work while they remain with their families.
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The Trump administration's zero tolerance immigration enforcement policy
The Trump administration's zero-tolerance immigration enforcement policy has been widely criticised for its deliberate cruelty. The policy, which was implemented in 2018, saw the separation of children from their parents as they crossed the border. This practice had already been taking place as part of a 'pilot program' in El Paso, Texas, since mid-2017.
Under the El Paso program, adults who crossed the border without permission were detained and criminally charged, with no exceptions made for parents arriving with young children. This meant that children were separated from their parents and held in detention centres, often in poor conditions.
The Texas Tribune reported in December 2019 that the Trump administration knew migrant children would suffer from family separations but ramped up the practice anyway. This was further supported by a lawsuit filed by the SPLC in January 2020, which described the deliberately cruel government actions that harmed these families.
Despite the outrage and legal challenges, the policy of family separation at the border has continued under the Biden administration. A report released by the Immigrants' Rights Policy Clinic at the UCLA School of Law in 2022 sheds light on how U.S. Customs and Border Protection continues to separate families, despite Biden's promises to keep families together.
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The Biden administration halts settlement talks aimed at compensating families separated at the border
The Biden administration has halted settlement talks aimed at compensating families separated at the border. The decision comes after a month of discussions, in which the Biden administration considered offering up to $450,000 to each person separated from their family. The settlement talks were met with outrage by Republican lawmakers, with the ACLU's Lee Gelernt stating that "it would be an understatement to say we are disappointed that the Biden administration allowed politics to get in the way of helping the little children deliberately abused by our government".
The Biden administration's decision to halt settlement talks is a stark contrast to their previous promises to reunite still-separated families. The federal government has struggled to reunify some parents and children, often due to spotty federal records or parents being deported following separation. Despite these challenges, the Biden administration has vowed to keep families already in the United States together while doubling down on policies that separate families at the border.
The practice of family separation at the border began under the Trump administration in 2017 as part of a zero tolerance strategy. This policy aimed to prosecute all unauthorized border-crossers, including parents, and send their children to shelters. The policy drew widespread condemnation, and former President Donald Trump largely halted the practice by mid-2018.
The ACLU has been a vocal critic of family separation, filing a lawsuit in 2019 on behalf of two immigrant parents and their children who were separated at the border. The lawsuit described the deliberately cruel government actions that harmed these families. Despite these efforts, Judge Sabraw refused to issue new guidelines to limit the government's ability to separate migrant families, instead allowing immigration officials to use their discretion in certain circumstances.
The Biden administration's decision to halt settlement talks has been met with disappointment by those seeking justice and compensation for the families affected by the abhorrent policy of family separation. The Justice Department has stated that it remains "committed to engaging with the plaintiffs and to bringing justice to the victims of this abhorrent policy". However, it is unclear what steps will be taken to achieve this, as the settlement talks aimed at providing financial compensation have been halted.
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The National Immigrant Justice Center (NIJC) reports that the Biden administration is routinely separating families through detention and deportation
The NIJC has shared stories of individuals who have been separated from their families due to detention or deportation. For example, Cristina was detained during her removal proceedings, separating her from her husband and step-children. Another example is Elena, who was separated from her children for more than two months due to a misunderstanding about her gang affiliation.
The NIJC has also criticised the Biden administration's reinstatement of the Migrant Protection Protocols (MPP), also known as Remain in Mexico. This program has been associated with systemic harms and family separations, with tens of thousands of people returned to dangerous towns in Mexico.
The NIJC is not alone in its criticism of the Biden administration's handling of family separation. The ACLU's Lee Gelernt has expressed disappointment in the administration's decision to halt settlement talks aimed at compensating families separated at the border.
It is important to note that family separation is not a new issue. The Trump administration implemented a "zero tolerance" immigration enforcement policy in 2018, which included the separation of children from their parents. Prior to this, the Trump administration conducted a \"pilot program\" in El Paso, Texas, where adults who crossed the border without permission were detained and criminally charged, regardless of whether they had young children with them.
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The ACLU's motion to stop family separations
In July 2019, the ACLU filed a motion to stop family separations at the US-Mexico border. The motion was in response to the Trump administration's "zero tolerance" immigration enforcement policy, which saw children separated from their parents as part of a "pilot program" in the El Paso, Texas area. This policy began in mid-2017 and saw adults who crossed the border without permission detained and criminally charged, with no exceptions made for parents arriving with young children.
Despite the ACLU's efforts, in January 2020, Judge Sabraw refused to issue new guidelines to further limit the government's ability to separate migrant families. Instead, he allowed immigration officials to use their discretion to decide whether to separate children from their parents in certain circumstances.
The Biden administration has also come under fire for its immigration policies, with reports that it is routinely separating families through detention and deportation as part of its interior immigration enforcement practices. In December 2021, the Biden administration halted settlement talks aimed at compensating families separated at the border, with the ACLU's Lee Gelernt expressing disappointment that "politics got in the way of helping the little children deliberately abused by our government".
A new report by the Immigrants' Rights Policy Clinic at the UCLA School of Law sheds light on how U.S. Customs and Border Protection (CBP) continues to separate families at the U.S.-Mexico border. The report addresses the misconception that family separation started under the Trump administration and ended under President Biden, highlighting the persistence of this issue.
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Frequently asked questions
The Trump administration implemented the 'zero tolerance' immigration enforcement policy in 2018, which led to the separation of children from their parents.
Yes, the Biden administration has been accused of separating families through detention and deportation as part of its interior immigration enforcement practices.
The ACLU is leading litigation against the government for separating families. They also filed a motion to stop family separations in July 2019.
The Texas Tribune reported that the Trump administration knew migrant children would suffer from family separations but ramped up the practice anyway.
