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Monday, June 18, 2018 10:59:02 PM
The Trump administration’s separation of families at the border, explained
"Lawyer moms rally thousands nationwide to protest brutal separations of children and parents"
Why children are being sent to “foster care or whatever” while their parents are sent to jail.
By Dara Linddara@vox.com Updated Jun 15, 2018, 12:03pm EDT
[...]
3) Is the policy of separating families new?
Yes. But it’s building on an existing system, and attention to family separation has brought more awareness to problems with that system that have been going on for some time.
For the past several years, a growing number of people coming into the US without papers have been Central Americans — often families, and often seeking asylum. Asylum seekers and families are both accorded particular protections in US and international law, which make it impossible for the government to simply send them back. Those protections also put strict limits on the length of time, and conditions, in which children can be kept in immigration detention.
When the Obama administration attempted to respond to the “crisis” of families and unaccompanied children crossing the border in summer 2014, it put hundreds of families in immigration detention — a practice that had basically ended several years before. But federal courts stopped the administration from holding families for months without justifying the decision to keep them in detention. So most families ended up getting released while their cases were pending — which immigration hawks have derided as “catch and release.” In some cases, they disappeared into the US rather than showing up for their court dates.
The Trump administration has stepped up detention of asylum seekers (and immigrants, period). But because there are such strict limits on keeping children in immigration detention, it’s had to release most of the families it’s caught.
The government’s solution has been to prosecute larger numbers of immigrants for illegal entry — including, in a break from previous administrations, large numbers of asylum seekers. That allows the Trump administration to ship children off to ORR, rather than keeping them in immigration detention.
https://www.vox.com/2018/6/11/17443198/children-immigrant-families-separated-parents
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The twisted legal logic behind Trump’s decision to separate immigrant children from parents
Immigrant advocates say children belong with their mothers. (Reuters/Loren Elliott)
Written by Ana Campoy May 12, 2018
The Trump administration said this week it’s prosecuting every immigrant caught entering the US illegally, a policy that will likely result in the separation of children from their parents while their legal cases unfurl.
Critics have denounced it as a particularly cruel and mean-spirited tactic. It appears to be motivated by a coldly-calculated strategy to bypass legal protections for immigrant families and unaccompanied children.
Donald Trump is fixated on ending “catch-and-release” polices. Under them, apprehended immigrants who have a right to be heard in court, such as asylum seekers, are let go pending a resolution of their cases. The president believes that allowing people who illegally cross the border to go free will encourage others to follow. His goal, then, is to hold those immigrants in detention.
But the administration is not allowed to indefinitely detain families and children—a group of immigrants that has been growing. So it’s separating the children from the adults.
It’s the latest example of the lengths the Trump administration is willing to go to in order to deter immigrants. US authorities have long viewed detention as a way to send a message to would-be border crossers: Don’t come.
Trump’s deterrence determination, however, stands out in its thoroughness. For example, during the Obama administration there were some scattered cases of family separation, often driven by local decisions, says Katharina Obser, senior policy advisor for migrant rights at the Women’s Refugee Commission, a non-profit advocacy group. Trump “has formalized into policy what is just a cruel and inhumane practice.”
“This represents a new era in the kinds of deterrence measures,” she adds.
More: https://qz.com/1275997/trumps-family-separation-policy-the-legal-logic-behind-taking-children-from-their-mothers/
"Lawyer moms rally thousands nationwide to protest brutal separations of children and parents"
Why children are being sent to “foster care or whatever” while their parents are sent to jail.
By Dara Linddara@vox.com Updated Jun 15, 2018, 12:03pm EDT
[...]
3) Is the policy of separating families new?
Yes. But it’s building on an existing system, and attention to family separation has brought more awareness to problems with that system that have been going on for some time.
For the past several years, a growing number of people coming into the US without papers have been Central Americans — often families, and often seeking asylum. Asylum seekers and families are both accorded particular protections in US and international law, which make it impossible for the government to simply send them back. Those protections also put strict limits on the length of time, and conditions, in which children can be kept in immigration detention.
When the Obama administration attempted to respond to the “crisis” of families and unaccompanied children crossing the border in summer 2014, it put hundreds of families in immigration detention — a practice that had basically ended several years before. But federal courts stopped the administration from holding families for months without justifying the decision to keep them in detention. So most families ended up getting released while their cases were pending — which immigration hawks have derided as “catch and release.” In some cases, they disappeared into the US rather than showing up for their court dates.
The Trump administration has stepped up detention of asylum seekers (and immigrants, period). But because there are such strict limits on keeping children in immigration detention, it’s had to release most of the families it’s caught.
The government’s solution has been to prosecute larger numbers of immigrants for illegal entry — including, in a break from previous administrations, large numbers of asylum seekers. That allows the Trump administration to ship children off to ORR, rather than keeping them in immigration detention.
https://www.vox.com/2018/6/11/17443198/children-immigrant-families-separated-parents
--
The twisted legal logic behind Trump’s decision to separate immigrant children from parents
Immigrant advocates say children belong with their mothers. (Reuters/Loren Elliott)
Written by Ana Campoy May 12, 2018
The Trump administration said this week it’s prosecuting every immigrant caught entering the US illegally, a policy that will likely result in the separation of children from their parents while their legal cases unfurl.
Critics have denounced it as a particularly cruel and mean-spirited tactic. It appears to be motivated by a coldly-calculated strategy to bypass legal protections for immigrant families and unaccompanied children.
Donald Trump is fixated on ending “catch-and-release” polices. Under them, apprehended immigrants who have a right to be heard in court, such as asylum seekers, are let go pending a resolution of their cases. The president believes that allowing people who illegally cross the border to go free will encourage others to follow. His goal, then, is to hold those immigrants in detention.
But the administration is not allowed to indefinitely detain families and children—a group of immigrants that has been growing. So it’s separating the children from the adults.
It’s the latest example of the lengths the Trump administration is willing to go to in order to deter immigrants. US authorities have long viewed detention as a way to send a message to would-be border crossers: Don’t come.
Trump’s deterrence determination, however, stands out in its thoroughness. For example, during the Obama administration there were some scattered cases of family separation, often driven by local decisions, says Katharina Obser, senior policy advisor for migrant rights at the Women’s Refugee Commission, a non-profit advocacy group. Trump “has formalized into policy what is just a cruel and inhumane practice.”
“This represents a new era in the kinds of deterrence measures,” she adds.
More: https://qz.com/1275997/trumps-family-separation-policy-the-legal-logic-behind-taking-children-from-their-mothers/
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