Cameron Miranda
The Trump administration's zero tolerance immigration policy, enacted in 2018, resulted in the separation of thousands of migrant children from their parents. This policy, aimed at deterring asylum seekers and illegal border crossings, lacked a tracking process to facilitate family reunification. While Trump blamed Democrats and a horrible law, no law mandated family separation at the border. The practice's origins are rooted in America's history, targeting Indigenous children and unaccompanied minors in previous administrations. The Trump administration's implementation, however, resulted in unprecedented human rights concerns, with children suffering in poor conditions and facing sexual abuse in detention.
| Characteristics | Values |
|---|---|
| Administration | Trump administration |
| Policy name | "Zero tolerance" policy |
| Policy details | Separation of migrant children from their parents |
| Policy start date | Mid-2017 |
| Policy end date | June 20, 2018 |
| Number of children affected | Over 5,000 |
| Tracking process | None |
| Reunification status | Difficult due to lack of tracking; as of March 2024, ACLU estimates 2,000 children still separated |
| Government response | Refusal to provide funds for reunification; no plan to reunite families |
| Legal action | ACLU lawsuit against the administration; Texas Civil Rights Project report |
| Key personnel | Stephen Miller, Gene Hamilton, John Kelly, Kirstjen Nielsen |
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What You'll Learn
Trump administration's zero tolerance policy
The Trump administration's "zero-tolerance" policy was a controversial immigration enforcement strategy implemented in the United States from 2017 to 2018. The policy was aimed at deterring illegal immigration by separating migrant children from their parents or guardians. It was presented to the public as a "zero-tolerance" approach to encourage tougher legislation and discourage unauthorized crossings.
The idea of separating families as a deterrent to migration was first proposed during the Obama administration by Thomas Homan, then-director of ICE. Jeh Johnson, the Homeland Security Secretary at the time, declined to proceed with the proposal. However, the idea resurfaced and was ultimately approved under the Trump administration.
In February 2017, Immigration and Customs Enforcement (ICE) asylum chief John Lafferty revealed that the Trump administration was considering several policies aimed at lowering the number of asylum seekers, including the idea of separating migrant mothers and children. Two weeks after Trump's inauguration in January 2017, the administration reviewed the proposal to separate immigrant children from their mothers as a deterrent. In March 2017, it was officially reported that the Department of Homeland Security (DHS) was considering this policy, which was later confirmed by then-Secretary of Homeland Security, John Kelly.
On April 6, 2018, US Attorney General Jeff Sessions announced the "zero-tolerance" policy, directing federal prosecutors to adopt a zero-tolerance approach for all offenses related to improper entry into the United States. This policy superseded any existing policies and aimed to criminally convict first-time offenders, a departure from previous practices. The Trump administration claimed that it was merely enforcing existing laws and that there was no "blanket policy" to separate families.
The "zero-tolerance" policy resulted in the separation of over 5,000 children from their parents, with no tracking process or records to facilitate reunification. The administration's position was that the criminal prosecution of parents required them to serve time in custody, and due to rules prohibiting the detention of children, separations were the logical outcome. However, this contrasted sharply with previous administrations' policies, where parents traveling with children were rarely criminally prosecuted.
The policy faced significant backlash, with human rights activists criticizing its defiance of the Refugee Convention and its detrimental impact on families. The Office of the United Nations High Commissioner for Human Rights called for the Trump administration to "immediately halt" the policy. On June 20, 2018, President Trump issued an executive order purporting to end family separation. However, this order provided no plan for reuniting the thousands of children who remained separated from their parents.
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Separation as a deterrent for migration
The Trump administration's zero-tolerance immigration policy involved separating migrant children from their parents, with no tracking process or records to facilitate reunification. This policy, which was proposed by the head of ICE, was intended to deter migration to the United States.
In March 2017, the Department of Homeland Security (DHS) first considered a proposal to separate parents from their children if they were caught crossing the border illegally. John Kelly, then-Secretary of Homeland Security, confirmed that the policy was under consideration, stating that it would deter Central Americans from migrating to the United States. The director of the National Immigration Law Center criticized the proposal as "state-sanctioned violence against children and families."
The Trump administration's separation policy resulted in over 5,000 children being separated from their parents, causing widespread public outrage and condemnation from the United Nations. Despite issuing an executive order to end the policy in June 2020, the administration faced criticism for failing to reunite separated families and for continuing to detain families with children.
The effectiveness of family separation as a deterrent for migration is questionable. While the Trump administration maintained that separation would deter migrants, there was no evidence that Central Americans were aware of the policy or its potential consequences. Additionally, there was an increase in families being arrested at the border, suggesting that the policy did not deter migration attempts.
The Biden administration has stated that family separation is not a policy they plan to implement. However, some Republican candidates for the 2024 presidential election, including former President Trump, support its re-implementation.
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No tracking process for reunification
The Trump administration's ""zero-tolerance" immigration policy, implemented in 2018, led to the separation of thousands of children from their parents at the US-Mexico border. This policy was initially piloted in mid-2017 in El Paso, Texas, where adults who crossed the border without permission were detained and criminally charged, with no exceptions for parents with young children.
The lack of a formal tracking system to coordinate among the agencies involved, such as DHS and ORR, made it difficult to determine the exact number of separated children. The government's inconsistent record-keeping further compounded the issue, leading to uncertainty about the true scale of family separations.
In June 2018, a federal judge ordered the government to begin tracking and reuniting families. Despite this directive, the number of separated families continued to grow, as families had to self-identify and register through a website to initiate the reunification process. This self-identification requirement posed a significant challenge, especially for those who may not have had access to or knowledge of the registration process.
The Biden administration, which created the Interagency Task Force on Reunification of Families in February 2021, has made efforts to reunify families. As of February 2023, the task force has successfully reunited over 600 children with their families, but nearly 1,000 children remain separated, highlighting the ongoing challenges and the need for continued action.
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Separation of Indigenous children from families
The separation of immigrant families has been a highly controversial issue, with the Trump administration's zero-tolerance policy leading to the separation of over 5,000 children from their parents. This policy, aimed at deterring migration, resulted in children being detained in poor conditions and separated from their families without a proper tracking process for reunification. Prior to the Trump administration, the United States did not routinely separate migrant parents from their children.
Now, turning to the specific topic of the separation of Indigenous children from their families, there have been several instances of this occurring in different countries, including Australia, Canada, and the United States.
In Australia, the Stolen Generations refer to the thousands of Aboriginal and Torres Strait Islander children who were forcibly removed from their families and communities by governments, churches, and welfare bodies. This occurred over several generations, and the exact number of children affected may never be known. The 1997 Bringing Them Home report estimated that between one in three and one in ten children were separated, with a possible range of 20,000 to 100,000 children. The removals broke important cultural, spiritual, and family ties, causing lasting intergenerational trauma. In 2008, Prime Minister Kevin Rudd presented an official apology to the Stolen Generations, which was passed by both houses of the Parliament of Australia.
Canada also has a history of separating Indigenous children from their families, known as the Sixties Scoop. This period began in the mid-to-late 1950s and persisted into the 1980s, coinciding with the fall-out of the residential school project. During this time, child welfare authorities removed Indigenous children from their families and placed them in foster homes, where they were adopted primarily by white middle-class families. It is estimated that 20,000 Indigenous children were impacted by the Sixties Scoop. The Canadian government started to close the compulsory residential school system in the 1950s and 1960s, transitioning Indigenous children to provincial schools with the goal of integrating them into Euro-Canadian civilization. However, the residential schools and the Sixties Scoop caused widespread trauma and cultural loss for Indigenous communities.
In the United States, the Trump administration's family separation policy disproportionately impacted Indigenous families. While the exact number of Indigenous families affected is unknown, it is included in the overall count of families impacted by the policy. The impact of family separation on Indigenous communities is unique due to the historical context of forced removal and assimilation policies.
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No law mandating family separation
While the Trump administration's "zero-tolerance" policy led to the separation of thousands of migrant families, there was no specific law mandating such action. The policy, aimed at deterring asylum seekers, resulted in over 5,000 children being separated from their parents, with no tracking process or records to facilitate reunification. This caused immense suffering, with children detained in poor conditions for extended periods, and parents of some children already deported.
The Trump administration's approach to immigration and asylum seekers has been widely criticized as unlawful and inhumane. Various lawsuits have been filed against the government and individual officials, with the American Civil Liberties Union (ACLU) actively opposing family separation and advocating for the rights of those impacted. The ACLU has also drawn attention to the lack of a plan to reunite separated families, despite President Trump signing an executive order in 2018 to end the family separation policy.
The House of Representatives rejected the Border Security and Immigration Reform Act (H.R. 6136), which included a provision to prevent family separation. However, other bills, such as the Keep Families Together Act and the Protect Kids and Parents Act, were introduced in Congress to address this issue. The Flores Settlement Agreement, reached in 1997, sets standards for the treatment of minors by the Immigration and Naturalization Service, emphasizing the least restrictive setting and prompt release.
The Biden administration has stated that family separation is not a planned course of action. However, some Republican candidates for the 2024 election, including President Trump, support its re-implementation. The absence of legal deterrence highlights the importance of upholding humanitarian values and respecting the rights of immigrant families.
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Frequently asked questions
There is no law that mandates that parents must be separated from their children at the border. The Trump administration's zero tolerance immigration policy, led by Stephen Miller, a Senior Advisor known for espousing white nationalist ideologies, resulted in the separation of over 5,000 children from their parents.
The policy resulted in thousands of children being held in government-run facilities, with many suffering from poor conditions and health problems. As of November 2020, 666 children had not been reunited with their parents, and this number was estimated to have increased to 2,000 by March 2024.
The Trump administration initially refused to provide funds for reunification and failed to create a system to facilitate it. They also attempted to shift blame and defend the policy, with President Trump claiming that the issue was a result of a "horrible law" created by Democrats.
Yes, there were lawsuits and class-action suits filed by the ACLU and other organizations. The Fourth Circuit Court of Appeals rejected the Trump administration's request to detain Dr. Badar Khan Suri, who was arrested for constitutionally protected speech and association.
