Over the summer, the Trump administration made headlines worldwide when it decided to separate families arriving at the border while criminally prosecuting the parents. This was an especially cruel instance of using the bludgeon of criminal law to target migration. But it wasn’t the first time this happened. Across the Southwest, criminal prosecution of migration has been a common feature in federal courthouses for many years. Many of these individuals are sentenced to time-served, meaning they do little jail time beyond what they spend behind bars awaiting prosecution. Government data that [...]
Family detention to family separation and back
When Attorney General Sessions announced the Trump administration’s family separation policy, all eyes turned to the border. In countless reports, we saw parents brought to federal courts without a clue about their children’s whereabouts and kids winding up in federal custody suddenly alone. Soon enough, the family separation policy reverberated throughout the country. By the time President Trump signed an executive order supposedly backtracking, the administration’s next step was in view: families would be detained together. The trauma of family separation and family detention will be the [...]
Under Trump, ICE No Longer Recommends Release for Immigrants in Detention
Kate Evans & Robert Koulish In summer 2018, the Trump administration ratcheted up its immigration enforcement and detention practices with new family separation and forced detention, as part of its “zero tolerance” strategy aimed at deterring asylum applicants from exercising their asylum rights under the 1980 Refugee Act. Part of its effort was to manipulate the immigration risk detention tool, known as the risk classification assessment, or RCA. The risk tool was designed during the Obama administration to reduce the arbitrary detention of immigrants by tailoring it to risk. A new [...]
ICE ignores detention oversight, Inspector General finds
ICE audits its detention centers, but too infrequently too keep anyone in check and doesn’t follow up to make sure changes are made, a government report issued last month disclosed. The agency has very little capacity to make sure that its sprawling network of over 200 immigration prisons meets the government’s own standards. Worse, glaring deficiencies go uncorrected, sometimes deliberately, because ICE’s oversight system is hobbled by lack of funding and under-attention. The DHS Inspector General’s document, issued June 26, reads like an ICE abolitionist’s talking points. Inspections are [...]
Resisting family separation and family detention in South Texas
President Donald Trump’s policy of separating migrant families is quickly morphing into the expansion of an existing policy of detaining families. At the end of June, the federal government announced that an immigration prison—the Port Isabel Service Processing Center—would be its “primary family reunification and removal center,” though it has since walked that policy back. We work out of this facility and have visited it many times. Call it what they like, this is a prison. That Port Isabel is at the center of the administration’s new policy to expand family detention only underscores [...]
Family Separation and Reunification
By Anita Ortiz Maddali There has been widespread public outcry following the administration’s “Zero Tolerance” policy, which called for criminal prosecution of parents crossing the border without proper documentation and forced separation from their children. The President recently issued an Executive Order ending the separation policy. Now, parents will be detained with their children. But what about the 2000 plus children who have already been separated because of the zero tolerance policy? How will they be reunited with their parents? Initially, and, understandably, from an [...]
From family detention to family separation
Separating families, as a Trump administration policy now requires when migrants try to sneak into the United States, is certainly cruel. Forgotten in the ruckus dominating immigration debates since last month’s policy announcement is the Obama administration’s embrace of an equally troubling alternative: locking up migrant children alongside their mothers. Losing sight of common threads between family separation and family detention runs the risk of missing an opportunity to reimagine immigration policies. In early May, Trump’s Attorney General Jeff Sessions announced that federal [...]
Trump’s family separation & detention executive order
Responding to the outcry over his administration’s policy of separating migrant families, President Trump signed an executive order today ostensibly limiting separation while simultaneously expanding family detention. The executive order explicitly links the alternative nightmares of family separation and detention. The executive order purports to end the family separation policy. Indeed, it claims that the administration’s policy is to “maintain family unity, including by detaining families.” To do that, the president ordered DHS to “maintain custody of alien families during the pendency [...]
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