Previous U.S. policy

Prior to the Trump administration, the United States did not routinely separate migrant parents from their children. Rather, previous administrations used either family detention facilities (allowing families to remain intact pending deportation hearings in civil immigration court) or alternatives to detention (e.g., release pending further hearings).^[30][31] Prior to the Trump administration, families traveling together were generally only separated under narrow circumstances, such as suspicion of human trafficking, an outstanding warrant, or fraud.^[30][32]

For decades, the government did not pursue criminal charges cases for illegal entry, a misdemeanor offense.^[31] But, in 2005, President George W. Bush launched Operation Streamline, a program targeting a stretch of the U.S.–Mexico border that referred unlawful entrants for criminal prosecution and expedited their deportation.^[33][34][31] But parents traveling with minor children were typically exempt from the policy.^[34][33] In 2006, Congress designated a single facility—the T. Don Hutto Residential Center—to house families together, and that facility opened in 2006.^[35]

The Obama administration initially rejected family detention and shuttered the Hutto Center.^[35] But, after the 2014 American immigration crisis, Obama assembled a multiagency team tasked with crafting new immigration policies.^[33] This occasioned the first discussion of a family-separation policy, which was proposed by ICE official Thomas Homan,^[34] though the proposal was quickly rejected.^[33] Instead, the administration opted to expand the detention policy and built new family-detention facilities, meant to hold families indefinitely pending deportation.^[33][34]

In 2016, the Ninth Circuit Court of Appeals ruled in Flores v. Lynch that, pursuant to a 1997 consent decree, both unaccompanied and accompanied minors could only be held in detention for a short time^[36]—roughly, 20 days.^[33] The Obama administration complied with the order, and, facing intense criticism, it also reversed course on family detention, adopting new rules that took into account the interests of parents and re-focusing the detention policy on immigrants who had previously committed crimes in the United States.^[37] Few families were ever separated under the Obama administration, and such families were generally quickly reunited once identified.^[38] Unaccompanied children were kept in holding cells, separated by age and gender, while appropriate placements were found.^[39][40]

Trump administration

While running for president in 2016, candidate Donald Trump said ending "catch and release" was the second of his two priorities for immigration reform, after walling off Mexico.^[41][42]

Trump Senior Advisor Stephen Miller

When the administration began separating families, pro-Trump pundits argued that the administration was implementing the same policy as the Obama administration. According to PolitiFact, the assertion that Trump was implementing the same policy as Obama is "false", noting "Obama's immigration policy specifically sought to avoid breaking up families. While some children were separated from their parents under Obama, this was relatively rare and families were quickly reunited even if that meant the release of a parent from detention."^[38] The Obama Administration did consider separating families, but decided against it.^[43]

Administration issues "zero-tolerance" policy

Jeff Sessions

On April 6, 2018, Attorney General Jeff Sessions directed federal prosecutors "to adopt immediately a zero-tolerance policy for all offenses" related to the misdemeanor of improper entry into the United States, and that this "zero-tolerance policy shall supersede any existing policies". This would aim to criminally convict first-time offenders when historically they would face civil and administrative removal, while criminal convictions were usually reserved for those who committed the felony of illegal re-entry after removal.^[77][78] On May 7, 2018, Attorney General Jeff Sessions announced:

If you cross the border unlawfully ... then we will prosecute you. If you smuggle an illegal alien across the border, then we'll prosecute you. ... If you're smuggling a child, then we're going to prosecute you, and that child will be separated from you, probably, as required by law.^[3][79]

Multiple media accounts, as well as direct testimony from detained migrants to members of Congress, reported that immigrant families lawfully presenting themselves at ports of entry seeking asylum were also being separated.^[80][81][5] Speaking on Face the Nation on June 17, Senator Susan Collins said that the Secretary of Homeland Security Kirstjen Nielsen had testified before the Senate that asylum seekers with families would not be separated if they presented themselves at a legal port of entry, "Yet, there are numerous credible media accounts showing that exactly that is happening, and the administration needs to put an end to that right off."^[4] Later in the day Nielsen tweeted: "We do not have a policy of separating families at the border. Period."^[82]

The departments of Health and Human Services (HHS) and Homeland Security did not take steps in advance of the April 2018 announcement to plan for family separations or a potential increase in the number of children who would be referred to HHS' Office of Refugee Resettlement (ORR) because they did not have advance notice of the announcement, according to agency officials interviewed by the Government Accountability Office. Though they did not receive advance notice of the April 2018 announcement, ORR officials said they were aware that increased separations of parents and children were occurring prior to the April announcement, saying the percentage of children referred to the agency who were known to have been separated from their parents rose by more than tenfold from November 2016 to August 2017.^[83]

Protest against child detention outside Border Patrol facility in Clint Texas on June 27, 2019

The policy was notably unpopular, more so than any other major bill or executive action at that time.^[84] Poll aggregates showed that approximately 25 percent of Americans supported the policy, although a majority of Republicans supported it.^[84][85] Following the May announcement, dozens of protest demonstrations were held, attracting thousands. In Washington, D.C., Democratic members of Congress marched in protest.^[86] The Office of the United Nations High Commissioner for Human Rights called for the Trump administration to "immediately halt" its policy of separating children from their parents,^[87][88] and human rights activists criticized that the policy, insofar as it is also applied to asylum seekers, defied Article 31 of the Refugee Convention.^[89]

From January 2018 to June 2018, the civil rights office of the Department of Homeland Security received 850 complaints regarding family separations, most of which came from a fellow federal government agency, the ORR. Over 100 complaints predated the "zero tolerance" policy.^[90]

Congressional hearings

In January 2019, the congressional Oversight and Investigations Subcommittee announced that they will hold hearings "to assess the Department of Health and Human Services' (HHS) preparation and response to the Family Separation Policy, its chaotic efforts to reunify children with their families, and the long-term effects of separation on the health and wellbeing of these children".^[102]

In February 2019, the House held the first of three planned hearings to bring renewed scrutiny to the events and effects surrounding the Trump zero tolerance policy.^[103] Secretary Alex Azar refused a request to testify and Secretary Kirstjen Nielsen said she would appear at the second hearing in March. Jonathan White, who oversaw the care of minors for HHS, testified that neither he nor any other career person in the department's Office of Refugee Resettlement (ORR) had been informed of the new Trump policy and if they had they would not have supported it. He warned that "Separating children from their parents poses significant risks of traumatic psychological injury to the child. The consequences of separation for many children will be lifelong."^[104]

The second meeting was held on March 6. The committee questioned Kirsten Nielsen about the treatment of migrants along the border and her claims that the Trump administration never had a family separation policy. Nielsen denied that the administration intended to separate families but was merely enforcing US law: "The point of it was to increase prosecutions for those breaking the law." When questioned about the "cages", as they have been called, used as enclosures at a Border Control facility, Nielsen replied, "Sir, they're not cages."^[105]

Continuing family separations reported

There have been various media reports that the Trump administration had continued the family separation policy even after a court had ordered in June 2018 to put an end to routine family separations. Some of the reports included USA Today in February 2019,^[106] The Boston Globe in March 2019,^[107] Los Angeles Times in April 2019,^[108] CBS News in May 2019,^[109] and Houston Chronicle in June 2019.^[110] In March 2019, the government reported to Judge Sabraw that 245 children were removed from their families, in some cases without clear documentation undertaken to track them in order to reunite them with their parents.^[107][111]

In April 2019, officials in the Trump administration alleged that since around the end of 2018, Trump had repeatedly attempted to convince Department of Homeland Security Secretary Kirstjen Nielsen to resume and extend family separations regardless of legality and despite public concerns. Nielsen announced that she was leaving her position as department head on April 7, 2019.^[112] Two days later, Trump denied reports he planned to renew and expand his family separation policy, asserting "President Obama had child separation. Take a look—the press knows it, you know it, we all know it. I'm the one that stopped it." In contrast to the Trump systematic family separation policy to deter migrants from entering the US, the Obama separation policy was used only in instances when the child's safety was in question or the adult had a prior criminal conviction.^[113][114]

Poor conditions in holding facilities reported

In June 2019, a group of attorneys who are involved with the Flores settlement visited a Border Patrol center in Clint, Texas. The facility houses 250 children including a 1-year-old, two 2-year-olds, a 3-year-old and "dozens more under 12". The lawyers reported that "kids are taking care of kids, and there's inadequate food, water and sanitation". They reported that the children weren't sleeping in beds but on the concrete floor with only foil blankets. Soap and toothbrushes were not supplied. When questioned, a Department of Justice attorney argued that the children were being properly cared for according to the legal standards but the standards did not mention that the children needed soap or toothbrushes. The children told the lawyers that meals consisted of instant oatmeal, a cookie and sweetened drink for breakfast, instant noodles for lunch, and a heated frozen burrito and a cookie for dinner. They said they had not had a clean change of clothing or a bath for weeks. There were no adult caretakers, ten and fourteen year old girls were taking care of the younger ones. A 14-year-old girl from Guatemala who had been holding two little girls in her lap told them, "I need comfort, too. I am bigger than they are, but I am a child, too."^{[115][27][28][29]}

On July 1, 2019, several Democratic congress men and women visited migrant detention centers in Texas in a tour organized by Border Patrol agents at 48 hours' notice. Representative Marc Veasey said Border Patrol "went out of their way to show us facilities that were mostly empty", but the migrant detainees inside "described being deprived of daily showers and certain other rights".^[116] Representative Madeleine Dean labelled the situation as "a human rights crisis". They reported fifteen women in their 50s and 60s sleeping in a small concrete cell with no running water and weeks without showers. They had all been separated from their families. Representative Lori Trahan said she saw women "sobbing in a crowded cell because they were separated from their kids". Representatives Alexandria Ocasio-Cortez, Judy Chu and Joaquin Castro alleged that Border Patrol had told detained migrant women to drink out of a toilet for water.^{[117][118][119]} Castro also said that he had met between 15 and 20 mothers who had been detained for more than fifty days, some of whom had been separated from their children.^[120] Representative Joe Kennedy III said that Border Patrol had been uncooperative, attempting to confiscate the congressmen's phones, and blocking the taking of pictures and videos.^[121] Activists who had gathered at the facility chanted support for President Donald Trump and directed racist comments towards Representative Rashida Tlaib, a Muslim.^[122]

Between January 2017 and April 2020, 39 adults have died in ICE custody or immediately after being released.^[123] The ACLU reported, "As part of its recent growth, ICE has awarded contracts at facilities well known for abuse, including former prisons with conditions so terrible that the federal government terminated their contracts in prior administrations."^[123] Investigations found that some facilities were understaffed or engaged in cost cutting measures that could endanger the health of people in detention.^{[123][124][125]} Medical facilities appeared dangerously unprepared with experts raising concerns for medical mismanagement of sick individuals.^{[124][123][125]} In interviews, detainees shared concerns about sanitation and their ability to maintain personal hygiene standards as they were not being provided with soap for bathing or other basic hygiene and cleaning supplies.^[123]

Reports detailed gaps in the provision of basic mental health services. Between January 2017 and March 2020, twelve people have died as a result of apparent suicide while in detention. The ACLU has received reports of people in distress, including survivors of torture and sexual assault who did not receive timely access to support services. Reports detail people with disabilities who failed to receive legally required reasonable assistance for their disabilities and instead faced abuse by detention officials. It was also reported that "officers have used physical force, tear gas and pepper spray, and they have threatened immigrants in detention facilities."^[123]

Multiple reports detail systematic health endangerment and neglect of detainees. Medical neglect, refusal to test immigrants for COVID-19, reported discard of medical requests submitted by detained immigrants, and fabricating medical records have been reported.^[126] Concerns have been raised regarding the rate in which hysterectomies are performed on immigrant women under ICE custody.^[127] This complaint also documents actions by ICDC management, such as allowing employees to work while they are symptomatic awaiting COVID-19 test results and hiding information from employees and detained immigrants about who has tested positive for COVID-19.^[126][127] In addition, this complaint documents ICDC's disregard for public health guidelines set by the Centers for Disease Control and Prevention by maintaining unsanitary conditions and punishing immigrants with solitary confinement when they speak out against these injustices.^[126][127]

Since 2017, the Trump administration has separated more than five thousand children from their parents. In May 2020, it was reported that ICE presented detained families with the choice to release their children in lieu of remaining detained together despite rapidly increasing cases of COVID-19 in the facilities. In July 2020, nearly a month after a federal ruling that the Trump administration release migrant children as rapidly as possible from Immigration and Customs enforcement centers due to COVID-19, 346 parents and children remained detained in facilities with COVID-19 outbreaks.^[128] After a July 27, 2020 court deadline requiring ICE release children due to health risks posed by COVID-19, 120 children remained in custody. federal immigration officials cannot detain children for longer than twenty days. Despite that ruling, many children are detained for longer. At one Texas facility, it has been reported that 47 children have been detained for longer than three hundred days.^[126] Per the Flores settlement,^[129]

2019 DHHS Office of the Inspector General reports

In 2019, the Department of Health and Human Services (DHHS), Office of the Inspector General (OIG) issued two reports^[130][131] which addressed the effects of separation and detainment on the mental health of migrant children and the deficiencies they found in children's holding centers including the under-staffing of mental health workers. The investigations were done in August and September 2018. Speaking with facility mental health clinicians and program directors, they reported that separated children exhibited "fear, feelings of abandonment, and post-traumatic stress" with some children exhibiting acute symptoms of grief such as crying inconsolably. While healthcare professionals have repeatedly spoken out about the trauma that is being inflicted on migrant children, this is the first time that Trump administration officials have acknowledged the harm that is being done.^[132]

After reviewing the report, the organization Physicians for Human Rights commented that the government must end family separations, reunite those who have been separated, and provide reparations for the harm that separation has caused. They advised:

No child belongs in immigration detention, even if they are detained alongside their parents. This administration should immediately adopt community-based alternatives to detention, which are humane and effective, and which lessen trauma experienced by children and families.^[133]

The report noted that the large influx of younger children and extended time they were spending in detention resulted in overcrowding and staff shortages. The investigation found that over half of the facilities that they visited had hired case managers who did not meet minimum education standards, and newly hired employees were allowed to work before their criminal and child welfare background checks had been completed. Six facilities received waivers allowing them to skip state child welfare checks altogether.^[132]

Democratic Representative Rosa DeLauro, who chairs the House subcommittee that oversees HHS appropriations, said in a statement that the two reports were proof that Trump's family separation policy "was state-sanctioned child abuse". She commented:

The OIG found that separating kids from their families inflicted unspeakable trauma on them. They also noted that this trauma was extended as kids languished in warehouse-like facilities for months on end due to additional Trump administration policies, such as fingerprinting everyone in a sponsor's household. Meanwhile, some facilities were allowed to waive background checks and fingerprinting requirements for the workers that were tasked with caring for these children. That is unacceptable.^[132]

The fingerprinting requirement was dropped in March when children were being held for as long as 93 days because sponsors feared arrest. After the fingerprint requirement was dropped, the length of stay was substantially less.^[134]

The question of whether children were being given psychotropic medications was also addressed. The report showed that around 300 children were prescribed antidepressants in May–July 2018. The report noted that staff "described some concerns that dosages or types of medication may not have been right".^[134]

Government documents reveal poor conditions

In December 2019, documents which were obtained during a lawsuit revealed that the Office of Refugee Resettlement, U.S. Department of Homeland Security, and U.S. Department of Health and Human Services knew that the resettlement camps which housed many separated immigrant families were in poor condition and created health problems for some as well.^[135] The Inspector General also concluded that U.S. Customs and Border Protection officers did not accurately record possible family relationships between adults and 1,233 children detained between October 2017 and mid-February 2019.^[135]

DOJ-OIG Report (2021/01/14)

2021 DOJ Office of the Inspector General report

In January 2021, the Inspector General for the Department of Justice concluded an investigation into the "zero tolerance" policy, finding that: department leaders underestimated the difficulty of implementing it, failed to tell local prosecutors and others that children would be separated; failed to understand that separations would last longer than a few hours; and failed to halt the policy after that was discovered.^[136] The findings led Rod Rosenstein, who had been Trump's Attorney General at the time the policy was enforced, to admit that family separations "should never have been implemented".^[137] According to an NBC News report on the investigation, "The report could provide a road map for the incoming Biden administration to investigate those responsible for a policy President-elect Joe Biden has called criminal."^[138]

Number of children

The Department of Homeland Security confirmed on June 15, 2018, that 1,995 immigrant children were separated from their parents (mostly due to not crossing at a legal port of entry)^[156] during the six weeks from April 19 and May 31.^[157] This figure did not include children of families that asked for asylum at an official border crossing and were then separated.^[154][158] Speaking on Face the Nation on June 17, Senator Susan Collins suggested that the number may well be higher.^[4]

Steven Wagner, the Acting Assistant Secretary for the Administration for Children and Families under HHS, was unable to say in June 2018 how many separated children had been placed with sponsors or reunited with their parents, but that the department is "under a legal obligation" to place children quickly with a sponsor, however, "we actually don't have a time limit in terms of days" that the children are allowed to stay in HHS care.^[159]

Zero tolerance and the separation of children was suspended for an indefinite period of time on June 20, 2018, through an executive order. On June 26, US District Court Judge Dana Sabraw issued a nationwide preliminary injunction against the family-separation policy and required the government to reunite separated families within thirty days and to reunite children under five with their parents within 14 days. On that date DHS stated that 522 migrant children, all of them in the custody of Customs and Border Protection, had been reunited with their families.^[160] After a site visit to DHS facilities, Senator Elizabeth Warren reported that, "Mothers and children may be considered 'together' if they're held in the same gigantic facility, even if they're locked in separate cages with no access to one another."^[161] The Secretary of Health and Human Services Alex Azar testified that 2,047 children—out of a total of around 2,300 ever in HHS custody—continued to be held in HHS-contracted facilities.^[162]

On July 5, Azar declared that the total number of children that had been separated was under 3,000 and that, of these, the number of children under five years was fewer than 100.^[163] On July 6, government lawyers informed Judge Sabraw that HHS would be able to meet the deadline of July 19 for only about half the concerned children.^[164] The government had connected 46 of the toddlers with parents still in custody.^[165] Concerning the other half, the lawyers stated that the parents of 19 of the children had been released and now had unknown whereabouts, and the parents of further 19 children had been deported. Two children had been connected to parents criminally ineligible to re-take custody of their children.^[165] Judge Sabraw said the time limit for reunifying the youngest children could be extended under the condition that the government would provide a master list of all children and the status of their parents. A list of 101 children was to be shared with the ACLU within the following day.^[164] A status conference was scheduled for the morning of July 9 concerning which cases would merit a delay.^[166][164] On July 6, a government lawyer provided the status of 102 children under five in custody to Federal Judge Dana Sabraw, and stated that numbers are approximate and "in flux".^[165]

In September 2018 it was reported that 12,800 children were being held in federal custody, and that federal shelters housing migrant children were filled to around ninety percent since May 2018.^[167]

A report by Amnesty International, published in 2018, found that the statistics on the separated children did not include children who had been separated from non-parental relationships, for example from grandparents, or those who were separated due to their documentation being insufficient.^[168][169] In January 2019, auditors from the Office of the Inspector General at the Department of Health and Human Services stated that the practice of separating migrant children from their families started earlier and involved thousands more children than previously known, and that in the summer of 2017 a "steep increase in the number of children who had been separated from a parent or guardian" occurred.^[23][170]

A followup government report released in January 2019, revealed that while HHS had previously said that the total number of children separated from their parents was 2,737, a new investigation revealed that the actual number of separated children was several thousand higher, with the exact number unknown due to poor record keeping.^[25][24] HHS is not able to identify or count children who were released from the government's custody before officials started identifying separated families.^[171] Following a court ruling in 2019, government officials stated that identifying all children would require a joint effort of 12 to 24 months duration led by a team of officials representing HSS, ICE and CBP.^[172]

In October 2019 the Trump administration again revised its estimate of the number of children separated from parents, adding 1,556 to the previous number and bringing the total to almost 5,500. Approximately 1,090 of those separations occurred following the court order to end family separations. The ACLU continues to look for more children who were separated prior to the "zero tolerance" announcement. In a statement, ACLU lawyer Lee Gelernt said: "It is shocking that 1,556 more families—including babies and toddlers—join the thousands of others already torn apart by this inhumane and illegal policy. Families have suffered tremendously, and some may never recover. The gravity of this situation cannot be overstated."^[173]

In October 2020, The New York Times reported that more than 5,500 children in total had been separated from their parents at the U.S. border under the Trump administration.^[20]

Impacts of separation on children

Children's mental health has had a strong correlation with forced parent–child separation and parental loss which has led to potential traumatic events (PTEs). Research has found that "forced parent–child separation and parental loss are PTEs with adverse effects on child mental health and academic functioning".^[174] Reports show that children who have experienced PTEs from parent deportation have been more prone to being diagnosed with PTSD. Research also found that "emerging research has indicated that parental detention and deportation increase risk for mental health problems such as severe psychological distress, anxiety, and depression".^[174] Due to these mental stressors, many of these children have reported symptoms of post-traumatic stress disorder from traumatic parent separations. A case study of 91 U.S. born citizens ages 6 to 12, using the UCLA Posttraumatic Stress Disorder Reaction Index and found that "29% of all child participants met criteria for full (19%) or partial (10%) PTSD diagnoses".^[174]

A 2018 study looked at the impact of parent-child separation and child detention on the mental health and development of children. The author interviewed parents and children who had experienced separation and reported that the separation of the children from their parents together with a background of chronic and acute adversity has created a "perfect storm for attachment damage, toxic stress and trauma". The author noted that a child under prolonged stress "may develop complex patterns of protective responses that can include hyperarousal—hypervigilance, agitation, flashbacks and emotional reactivity, or hypoarousal—dissociative responses, emotional numbing (self-harm may be used as a tool to 'feel alive'), passive compliance and poor access to cognitive functioning". The study's findings also suggested that enforcement of immigration laws poses "serious health challenges and risks for lifelong mental illness in children".^[175]

Fiscal costs and diversion of resources

The costs of separating migrant children from their parents and keeping them in "tent cities" are higher than keeping them with their parents in detention centers.^[176] It costs $775 per person per night to house the children when they are separated but $256 per person per night when they are held in permanent HHS facilities and $298 per person per night to keep the children with their parents in ICE detention centers.^[176]

To handle the large amount of immigration charges brought by the Trump administration, federal prosecutors had to divert resources from other crime cases.^[177] The head of the Justice Department's major crimes unit in San Diego diverted staff from drug smuggling cases.^[177] Drug smuggling cases were also increasingly pursued in state courts rather than federal courts, as federal prosecutor were increasingly preoccupied with pursuing charges against illegal border crossings.^[177] In October 2018, USA Today reported that federal drug-trafficking prosecutions on the Southern border plummeted, as prosecutorial resources were diverted to the family separation policy.^[178]

It was reported in June 2018, that the Trump administration plans to pay Texas non-profit Southwest Key more than $458 million in the fiscal year of 2018 to care for immigrant children detained crossing the US border illegally.^[179]

In July 2018, it was reported that HHS had diverted at least $40 million from its health programs to care for and reunify migrant children, and that the HHS was preparing to shift more than $200 million from other HHS accounts.^[180] In September 2018, it was reported that the Trump administration planned to shift more than $260 million (~$300 million in 2022) from HHS programs, including those on cancer research and HIV/AIDS research, to cover the costs associated with detaining children and delaying releasing them to adults.^[181]

ProPublica audio tape

On June 18, 2018, as reporters waited for a briefing by the Secretary of the Department of Homeland Security Kirstjen Nielsen, ProPublica posted a recording of crying children begging for their parents just after being separated from them, which the reporters listened to as they waited for her to speak. Nielsen arrived and spoke, blaming Congress for the administration's policy of separating parents from their children and saying that there would be no change in policy until Congress rewrote the nation's immigration laws. At one point during the briefing, New York magazine reporter Olivia Nuzzi played the tape. Nielsen refused to answer any questions about the material in the tape, such as "How is this not child abuse?"^[182]

The tape was made on June 17 when human rights advocates and journalists toured an old warehouse where hundreds of children were being kept in wire cages. The Associated Press reported that the children had no books or toys, overhead lighting was kept on around the clock, and the children were sleeping under foil sheets. There was no adult supervision and the older children were changing the diapers of the toddlers. Michelle Brané, director of migrant rights at the Women's Refugee Commission commented, "If a parent left a child in a cage with no supervision with other 5-year-olds, they'd be held accountable".^[183] Most of the tape consists of children crying and wailing for their parents, but a six-year-old girl is heard to repeatedly beg that her aunt be called, who she is certain will come and pick her up. She had memorized her aunt's phone number and ProPublica was able to contact the aunt, but the aunt was unable to assist for fear that her own petition of asylum would be put in jeopardy due to the recent Trump Administration decision to discontinue asylum protections for victims of gang and domestic violence. The aunt said that she was able to keep in touch with her niece by phone and that she had talked to her sister; however, her sister had not yet been allowed to speak with her child. The aunt said that the authorities had told the child that her mother may be deported without her.^[184]

Commenting on Trump's executive order and how it was related to the tape of the children crying, Republican commentator Leslie Sanchez commented on Face the Nation, "And a lot of Republicans I talked to, even bundlers, people that put big amounts of money together, said, when they heard the cries of the children, without visual, being separated, that was the moment where America knew this was too far. And that's when the president retreated."^[185]

ProPublica followed the child, Alison Jimena Valencia Madrid, and her mother and reported that in August they were reunited. A short video was posted in December 2018 which reports that Alison and her mother are learning English and Alison is going to school. Alison's mother said that gang members in El Salvador had attempted to kidnap her daughter and she had fled to the U.S. to protect her. Their future remains uncertain.^[186]

Allegations of forced medication and mistreatment

There are concerns that the facilities that children were held in may have in the past been associated with the forcible drugging of children. The Texas Tribune reported that detained children who had previously been held at the Shiloh Treatment Center said they had been forcibly treated with antipsychotic drugs by the facility personnel, based on legal filings from a class action lawsuit. According to the filings, the drugs made the children listless, dizzy and incapacitated, and in some cases unable to walk. According to a mother, after receiving the drug, her child repeatedly fell, hitting her head and eventually ending up in a wheel chair. Another child said she tried to open a window, at which point one of the supervisors hurled her against a door, choked her until she fainted and had a doctor forcibly administer an injection while she was being held down by two guards. A forensic psychiatrist consulted by the Tribune compared the practice to what "the old Soviet Union used to do".^{[187][188][189][190][191]}

The treatment center is one of the companies that have been investigated on charges of mistreating children, although the federal government continues to employ the private agency which runs it as a federal contractor.^{[187][188][189][190][191]}

On July 30, 2018, a federal judge ruled that government officials have been in violation of state child welfare laws when giving psychotropic drugs to migrant children without first seeking the consent of their parents or guardians. According to the ruling given by Judge Dolly Gee, staff members have admitted to signing off on medications in lieu of a parent, relative, or guardian. The judge also ordered that the government must move all children from the facility except for those deemed by a licensed professional to pose a "risk of harm" to themselves or others.^[192]

From 2014 to 2018, the Office of Refugee Resettlement received 4,556 allegations of sexual abuse or sexual harassment of immigrant children, 1,303 of which were referred to US Justice Department.^[193]

Deterrence

Government data from 2018 suggests that the family separation policy did little to deter migrants from crossing the US border illegally.^[194]

ACLU challenge and nationwide injunction

In June 2018, the American Civil Liberties Union filed a class-action lawsuit against the federal government on behalf of two mothers (one from Brazil, one from Democratic Republic of the Congo) who had been separated from their children, seeking a halt to the policy. On June 25, the ACLU requested an injunction halting the policy.^[195][196] On June 26, US District Judge Dana Sabraw of the US District Court for the Southern District of California issued a nationwide preliminary injunction against the family-separation policy.^[14][15]

In his opinion, Sabraw wrote: "The facts set forth before the court portray reactive governance—responses to address a chaotic circumstance of the government's own making. They belie measured and ordered governance, which is central to the concept of due process enshrined in our Constitution. This is particularly so in the treatment of migrants, many of whom are asylum seekers and small children."^[14][15] Sabraw wrote that the federal government "readily keeps track of personal property of detainees in criminal and immigration proceedings", yet "has no system in place to keep track of, provide effective communication with, and promptly produce alien children".^[197] The injunction barred the US government from separating parents and children at the border unless the adults presented a danger to children, and required the government to reunite separated families within thirty days, to reunite children under five with their parents within 14 days, and to permit all separated minors to speak with their parents within ten days.^[14][15]

In March 2019, Judge Sabraw issued a preliminary ruling which would potentially expand the number of migrants included in the American Civil Liberties lawsuit after newly released government documents identified thousands more families that had been separated as early as July 1, 2017. In his ruling Sabraw called the documents "undisputed" and commented, "The hallmark of a civilized society is measured by how it treats its people and those within its borders."^[198]

Judge Sabraw set a status hearing for July 6, 2018.^[199] On July 6, the Trump administration asked for more time to reunite migrant families separated, highlighting the challenge of confirming familial relationship between parents and children, with parents of 19 of 101 detained children under the age of five already deported according to a Department of Justice lawyer.^[200] The Judge set another deadline of Tuesday (July 10) for reunification, and gave the government until Saturday evening to create a list of all 101 youngest children along with an explanation of proposed difficulties. With the list the Judge believed that the two sides would be able to have "an intelligent conversation Monday (July 9) morning about which child can be reunited July 10, which can not—and then the court can determine whether it makes sense to relax the deadline".^[200]

Challenge by 17 states

On June 26, 2018, a separate legal challenge to the family separation was brought by 17 states (California, Delaware, Iowa, Illinois, Maryland, Massachusetts, Minnesota, New Jersey, New Mexico, New York, North Carolina, Oregon, Pennsylvania, Rhode Island, Vermont, Virginia, and Washington) against the Trump administration.^[14] The suit was filed in the US District Court in Seattle. The plaintiff states, all of whom have Democratic state attorneys general, challenge the forcible separation of families as a "cruel and unlawful" violation of the constitution's Due Process and Equal Protection Clause.^[202][14] Washington Attorney General Bob Ferguson is leading the suit. California Attorney General Xavier Becerra, who represents California, called Trump's executive order putting a halt to the policy as an "empty and meaningless order that claims to take back policies that he [Trump] put in place himself as a political stunt".^[203]

In a new motion filed on July 2, the group asked for immediate information and access to those who are being detained. The motion included more than 900 pages of declarations from family members as well as others who have been involved in the separation of the families. On July 5, PBS Newshour reported on 12 of the 99 declarations that they believe "offer a window into what's has been happening under the family separation policy". PBS included information from the declaration of one mother who wrote that her 1-year-old son was taken from her at a legal point of entry in November. She said that when they were reunited after three months, he cried continually, and when she removed his clothing, she found him to be dirty and infected with lice. Others spoke of multiple detainees, including young children, held in very small rooms or cages, sometimes "freezing" cold, and without adequate bathroom facilities. Several others wrote of a lack of food, including food for children. One woman wrote that she was kept in a cell with nearly fifty other mothers, and they were told "that they could not eat because they were asking about their children".^[204]

Other court challenges

On August 23, 2018, the American Immigration Lawyers Association and the American Immigration Council filed a complaint with DHS alleging the "pervasive, and illegal, practice of coercing separated mothers and fathers into signing documents they may not have understood". According to the complaint, "the trauma of separation and detention creates an environment that is by its very nature coercive and makes it extremely difficult for parents to participate in legal proceedings affecting their rights". It also describes the use of "physical and verbal threats, the denial of food and water, the use of solitary confinement, the use of starvation, restrictions on feminine-hygiene products, and the use of pre-filled forms".^[205]

Separately, a Guatemalan woman filed a federal lawsuit in the US District Court for the District of Columbia in Washington challenging the Trump administration's practice on June 19, before the executive order. It is one of a small number of similar court challenges, with demands such as the immediate release of the child, an order prohibiting US authorities from separating the family, and money for damages of pain and suffering.^[206][207]

Another lawsuit is that of a 9-year-old boy from Honduras who, according to the family, had fled with his father after his grandfather was murdered, was detained at the border and was separated from his father while sleeping. Another case is that of a 14-year-old girl who, so the lawsuit, had fled persecution in El Salvador and was lured away from her mother at a detention facility in Texas under the pretext of taking her to bathe. In both cases, the child was brought thousands of miles away.^[208]

On September 5, 2018, a federal lawsuit was filed to seek monetary damages on the basis of the inflicted psychological harm and the creation of a fund to support the mental health treatment of the children.^[209]

Flores filings

In 1997 the Flores settlement was signed into law. It says migrant children must be detained in the least-restrictive setting possible and only for about twenty days. On June 21, 2018, the Department of Justice (DoJ) asked US District Court Judge Dolly Gee to alter her 2015 ruling in Reno v. Flores on the conditions of family detention by the Department of Homeland Security. The government seeks to end a 20-day limit on family detention and to end the requirement that children be held in day care centers that are state-licensed.^[197] The DoJ filing claims that limits on detention must be ended due to "a destabilizing migratory crisis".^[197] Attorney Peter Schey, who represents the child plaintiffs in Flores, vowed to oppose the filing.^[210] He filed an opposition on the grounds of there having been no significant change in circumstances warranting such a revision of the ruling.^[211] On June 29, the DoJ filed a statement that in future the Government will ″detain families together during the pendency of immigration proceedings when they are apprehended at or between ports of entry″ in place of separating them.^[212]

On July 9, Judge Gee denied the government's request to hold families together indefinitely in ICE facilities, and its request to exempt detention facilities from state licensing requirements for that purpose.^[213][214] Gee wrote: "Absolutely nothing prevents Defendants from reconsidering their current blanket policy of family detention and reinstating prosecutorial discretion."^[214][215]

On August 21, 2019, the Trump administration announced it was ending the Flores Agreement and replacing it with a new policy scheduled to take place in sixty days. The new policy will allow families with children to be detained indefinitely, until their cases are decided. Nineteen states and the District of Columbia have sued the Trump administration to block the administration plan to end the Flores Agreement. They claim that the new policy will result in the expansion of unlicensed detention centers allowing the administration to "set its own standards for care—in effect, licensing itself".^[216]

During separation

The Ursula detention facility, operated by Customs and Border Protection, in McAllen, Texas, in the Rio Grande Valley—On June 17, 2018, the facility housed 1,129 people, including 528 families and nearly 200 unaccompanied minor children. The facility has been called "the dog kennel" because chain link fencing is being used to create areas for those waiting to be processed, including children who have been separated from their parents. The caged areas are bare without toys or books for the children. Oregon Senator Jeff Merkley toured the facility in June and said that the parents were being told they would be separated from their children for "just a very short period—they go to a judge and then they're reunified [but] the reality is it's very hard for the parents to know where their kids are and to be able to connect with them".^[217]

Detention of parents

• Port Isabel Detention Center, operated by Immigration and Customs Enforcement, in Los Fresnos, Texas—This facility is surrounded by swampland and houses detained parents. Several members of Congress toured the facility in June and met with ten women who had been separated from their children. Some of them did not know where their children had been transferred to and none had been able to speak with a lawyer. One women said that she was told that her child would be put up for adoption. Rhode Island Representative David Cicilline said the women were uncontrollably sobbing.^[217]
• South Texas Detention Facility, operated by the GEO Group, in Pearsall, Texas^[218]
• Eloy Detention Center, owned and operated by CoreCivic, in Eloy, Arizona—This privately run immigration jail is ringed by barbed wire and an electrified fence. In late May 2018, detained parents had counted at least forty people who had been separated from their children among the 1,500 people detained in the facility; Immigration and Customs Enforcement did not release its own figures.^[219][220]
• Northwest Detention Center in Tacoma, Washington—Adults separated from their child relatives were transferred to this facility, which suffered a chicken pox outbreak in late June, preventing a visit by Congressman Derek Kilmer.^[221]

Detention of children

• Casa Padre, a private facility owned and operated by Southwest Key Programs, in Brownsville, Texas—A housing facility for children built in a former Walmart and operated under contract for the Department of Health and Human Services. On June 13, it housed 1,469 children, a plurality of whom arrived as unaccompanied minors crossing the border. Southwest Key estimated that five percent of children held there had been separated from their parents.^[222]
• Homestead Temporary Shelter for Unaccompanied Children in Homestead, Florida—A housing facility for around 1,100 children. Approximately seventy children separated from their families are housed at the facility.^[223] The facility had been opened and closed during the Obama administration and was recently reopened.^[223]

Unaccompanied minors walk in a Homestead, Florida, facility supervised by the Office of Refugee Resettlement, on June 20, 2018

• Estrella del Norte, a private facility owned and operated by Southwest Key Programs, in Tucson, Arizona—A 300-bed housing facility for children, that housed 287 children in mid-June 2018. A former staff member described conditions in the facility as increasingly "prison-like", and recounts being told to forbid siblings without their parent from hugging one another.^[224]
• Tornillo tent city, operated by the Federal government in Tornillo, Texas—Erected in the desert at the Marcelino Serna Port of Entry in western Texas. The site was chosen for a tent camp slated to house thousands of migrant children, including both unaccompanied minors and children separated from their parents.^[225] Representative Beto O'Rourke, who led a protest on Father's Day, June 17, 2018, was told that two hundred children were being detained in the camp, twenty percent of whom were separated from their parents.^[226]
• Three facilities in Combes, Raymondville and Brownsville (Casa El President, operated by Southwest Key), in southern Texas, have been set up to hold children under five and have been referred to as "tender age shelters". Medical professionals and lawyers who visited the facilities described "play rooms" filled with preschool children crying and in crisis.^[227] Colleen Kraft, the president of American Academy of Pediatrics, visited the Coombs facility and said she was "shaken" by what she saw, calling it "a heartbreaking scene" and unlike anything she'd seen in her decades as a pediatrician. She termed the practice of removing the children from their parents "government-sanctioned child abuse".^[228]

• Upbring New Hope Children's Shelter in McAllen, Texas. As of June 21, about sixty children were housed in this facility, including six who had been separated from their parents while the remaining children had arrived alone. According to American Academy of Pediatrics President Colleen Draft, this center, like other centers, confiscates any possessions the child may arrive with and care givers are not allowed to comfort or touch the children. Following Trump's June 20 executive order to stop separating undocumented immigrant parents and their children, on June 21 First Lady Melania Trump visited this facility saying, "I'm here to learn about your facility, in which I know you house children on a long-term basis and I'd also like to ask you how I can help these children to reunite with their families as quickly as possible." Critics have argued that this visit did not give the First Lady an accurate look at what many have called an unfolding crisis. She was also widely criticized for wearing a jacket that on the back stated "I Really Don't Care, Do U" when she boarded the plane for her trip to the facility.^[229][230]
• An East Harlem, New York shelter run by Cayuga Centers, Children's Village in Dobbs Ferry, New York, and additional shelters in Long Island, in Westchester and the Bronx are among nine facilities in New York state housing separated children.^[231] In a June 22 interview New York Governor Andrew Cuomo said that he believes that HHS sent about 700 children to his state, but he is not certain because HHS has refused to release any information about the children. The Governor said that he also contacted the foster care agencies in his state in an attempt to assess the number of children and to make sure that their needs were being met, but HHS had put a gag order on the agencies and they were not able to disclose any information either. He was allowed to visit one facility and the staff there told him that the children in their care "have a high level of psychological trauma [and] anxiety disorders".^[232]

Proposed facilities

• Houston facility for young children, pregnant girls, and teenage mothers—Southwest Key has leased a 53,600-square-foot building—419 Emancipation Avenue—formerly occupied by the non-profit Star of Hope in Houston, Texas, and applied to use it as a detention center for up to 200 migrant youth "from age 0 to 17".^[233] Advocates report that the facility would house "children younger than 12 as well as pregnant and nursing teenagers"; the Department of Health and Human Services refers to this younger age group as "tender-age children"^[234] Houston Mayor Sylvester Turner opposes the facility and has urged the Texas state government not to license it. At a press conference, Turner said, "I do not want to be an enabler in this process. I do not want the city to participate in this process. The health department has yet to provide a food permit or shelter permit. ... If we don't speak, if we don't say no, then these types of policies will continue."^[234]
• Military detention camp for migrant families at Fort Bliss
• Military detention camp for migrant children on Goodfellow Air Force Base

Procedures to reunite families

A flyer circulated by the Department of Homeland Security in 2018 offered assistance to parents separated from their children while in custody, although few migrants can speak English fluently if at all.

Authorities separated families without a plan to reunite them, resulting in numerous cases of parents and children having no contact since being forcefully separated.^[11] There were numerous reports of separated parents not being able to locate or contact their children due to lack of a proper system in place.

A Boston Globe investigation called the application of the family separation policy "opaque", reporting that Border Patrol, judges, government case workers, public defenders, and federal prosecutors had no clear answers about the reunification process or how separated parents can contact their children. Reportedly, it was difficult to reconnect children to their parents because children and parents entered two separate systems: parents were put in ICE custody and then entered the US Department of Homeland Security to face criminal prosecution while children were classified as an "unaccompanied alien child" and transferred to the US Department of Health and Human Services. Therefore, authorities no longer tracked them as a family unit and there was no system in place to reunite them.^[10] According to the Boston Globe report, in May 2018, parents in the McAllen facility reportedly had no phones available for their use and, when demanded, were given a false phone number to call HHS to locate their children, then were a given a number to ICE. A federal public defender working at the facility called the prospect of parents being deported without their children a "tragedy".^[10] John Sandweg, the former head of ICE, agreed saying, "You could easily end up in a situation where the gap between a parent's deportation and a child's deportation is years", and that many children might never see their parents again.^[241] A review done by the Biden administration in 2021 found that more than 1,400 parents were ultimately deported without their children.^[242]

Representative Pramila Jayapal met with dozens of mothers separated from their children, and reported that in some cases, some Border Patrol agents allegedly told the mothers that "their families don't exist anymore".^[146] In May 2018, a Honduran man, Marco Antonio Muñoz, 39, committed suicide after his 3-year-old son was forcibly taken and separated from him by Border Patrol Agents. The man had crossed the Rio Grande with his son and his wife and turned himself and his family in to authorities to ask for asylum.^[243]

A journalist working for The New Yorker spoke with several women incarcerated at the Otero County Prison, a privately run facility in New Mexico, and an attorney representing them. One mother said that she had no idea where her child was and was concerned that his medical conditions were not being attended to. Another mother said that of the fifty mothers in her wing at Otero, few knew where their children were. The public defender said the family separation policy was "changing the lawyer-client relationship," saying "clients don't even care about beating the charge they're facing. It makes it harder to represent them, because all they want is to be with their children."^[244]

Despite numerous reports of separations in which parents were not given information about their children,^[245] Senator James Lankford, speaking on Meet the Press blamed "media that's not been responsible with this" for reports of difficulties locating parents or children. Calling the government personnel working for the various agencies that have been handling the separations "professionals", he said, "They know where every child is to be able to connect them to their parent or their relative that came."^[246]

Following a court order by District Judge Dana Sabraw to reunite all parents with their children by July 26, 2018 it was revealed that about 500 parents had already been deported. Judge Sabraw commented, "What was lost in the process was the family. The parents didn't know where the children were, and the children didn't know where the parents were. And the government didn't know either."^[247] On August 2, the Justice Department filed in court that the American Civil Liberties Union (ACLU) should take responsibility for reuniting families, rather than the federal government.^[248] The ACLU responded by stating that while they are ready to help, the burden of responsibility for finding parents of minors separated at the border was the government's responsibility.^[249]

In February 2019, administration officials said that removing children from "sponsor" homes to rejoin their parents "would present grave child welfare concerns", and they would not focus any efforts on reuniting parents with children who had already been sent to foster homes.^[25]

Opposition and condemnation

A protester compares child detention by the government to concentration camps

About ten thousand people gathered in downtown Minneapolis and marched through the streets to call for U.S. Immigration and Customs Enforcement (ICE) to be abolished.

The policy attracted significant condemnation from a wide array of sources including medical, scientific, religious and human rights groups. A June 2018 survey found it to be very unpopular with the public, with approximately 25 percent of Americans supporting the policy.^[84] Some politicians and observers have compared the detainment of children by the US government to concentration camps.^[250][251]

Protests

Main article: Protests against Trump administration family separation policy

Rally to end family separation in Cleveland, Ohio (June 30, 2018)

Beginning in June 2018, protests were held in numerous cities across the nation as plans for larger nationwide protests were being formulated. On June 30, a national protest organized by the newly-formed group "Keep Families Together" was held which drew hundreds of thousands of protesters from all fifty states to demonstrate in more than 600 towns and cities. Approximately 30,000 marchers crossing the Brooklyn Bridge in New York City, chanted, "Immigrants built this bridge." Some demonstration speakers stressed the urgent need for political activism. In Atlanta Representative John Lewis spoke saying, "We've got to get out and vote like we never voted before." Lin-Manuel Miranda performed for the protesters, singing a song from his musical Hamilton, and commented, "We will not stand for a country separating children from their families, and if you are silent on that issue, or you are somehow for that issue you're not getting re-elected."^[311]

Support

White House Press Secretary Sarah Huckabee Sanders, Senator Chuck Grassley and House Speaker Paul Ryan have asserted that the Trump administration are required to separate migrant families due to the 1997 Flores settlement,^[323][324] which requires that unaccompanied minors be released to their parents or relatives, and if a relative cannot be found then a government agency can appoint an appropriate guardian for the child.^[324][325] Trump administration officials also cited the Trafficking Victims Protection Reauthorization Act of 2008 (TVPRA), a 2008 anti-human trafficking statute, as a justification for the policy.^[325] Neither the Flores settlement nor the TVPRA, however, require or recommend family separations.^[325][326]

Following Trump's executive order ending family separation David French criticized the Democrat's position saying, "those of us with a trace of historical memory know that the Trump administration is merely asking the courts and Congress to adopt the Obama administration's legal position. ... But despite this victory, Democrats are still furious. It's not enough to stop child separation. Now, they want to prevent family detention entirely."^[327] Conservative commentator Ann Coulter on June 17 dismissed immigrant children as "child actors weeping and crying" and urged Trump not to "fall for it".^[328] Fox News television host Laura Ingraham on June 18, 2018, described the facilities where migrant children were housed as "essentially summer camps".^[329][330] She described criticism of the immigration policies as "faux liberal outrage".^[331]

Fox & Friends co-host Brian Kilmeade defended Trump's family separation policy, arguing that migrant children are being treated as though they are more important than "people in our country who pay taxes and have needs as well". He states, "Like it or not, these aren't our kids. Show them compassion, but it's not like [Trump is] doing this to the people of Idaho or Texas. These are people from another country."^[332]

Trump administration response

On June 19, 2018, a fact checker for The Washington Post critiqued a number of statements by Trump and members of his administration, characterizing them as "Orwellian stuff" and designating them as Four Pinocchios—the Post's highest rating of falsehood.^[326] The Trump administration had offered at least 14 contradictory statements about its policy, including contradictions about whether it was a Justice Department policy, whether separations are a deterrent, whether there was a prepared process to separate families, and whether separations are required by law. Trump has also said that he could not reverse his administration's policy via executive order, while later writing an executive order to reverse the policy.^[333]

Continued detention of separated children

Following the issue of the executive order, HHS stated that the status of children already detained would not be affected by the executive order, and that they would not be immediately reunited with their families.^[365] However, it was later reported that the statement by Kenneth Wolfe, a spokesman for the Administration for Children and Families, that "there will be no grandfathering of existing cases" was based on incorrect information and no decision had been made.^[364]

A fact sheet on "Zero-Tolerance Prosecution and Family Reunification" that was released by the Department of Health and Human Services stated that a parent may request that their child be deported with them. However, the agency said that in the past many parents had elected to be deported without their children.^[366]

On June 26, 2018, HHS Secretary Alex Azar testified that 2,047 children continued to be held in HHS-contracted facilities.^[162] He said that only parents who are deported or who are granted entry to the United States could be reunited with their children.^[162] He further testified that HHS would reunite children with their detained parents only if Congress passed legislation lifting the 20-day limit on family detention required under the Flores settlement.^[162] Azar also implied that around 250 children formerly in HHS custody had been reunited with family members in the United States, rather with those they had accompanied across the border.^[162]

On June 28, 2018, a bill was passed at the initiative of Senator Tom Udall that requires HHS to make information about migrant children in its care publicly available. This obligation includes weekly public updates on its website of the number of children who have been reunited with separated family members, as well as monthly publication of the information on migrant children that the HHS makes available to the United States Senate Committee on Appropriations under the Labor, Health and Human Services, and Education (Labor-HHS) Appropriations Bill.^[367]

Transition and continued separation

After the executive order halting the policy was issued, the Trump administration sent out mixed messages amid confusion over "how to begin detaining families together and whether the government would make any effort to reunite parents still in the U.S. with children currently held in separate shelters or foster facilities."^[368] On June 22, 2018, the office of John Bash, the U.S. Attorney for Western Texas, said that the family separation policy was still in effect. He spoke of "a necessary transition" during which those who were charged would no longer be transferred to the custody of US Marshals but would stay in the custody of the DHS together with their children. The office confirmed that several cases that had been pending when the executive order had been issued were dismissed as part of that transition.^[368]

Parents and children crossing the border illegally were intended to have the same A-file number given to them by immigration officials. Family reunification was complicated by the fact that in many cases families were separated before an A-file number was given, resulting in parents and children receiving different numbers which makes it more difficult to reunite them afterwards.^[369] Days after the formal end of the policy, authorities still were not able to tell the separated children how their parents were doing, or where their parents were.^[370]

DHS and HHS stated that they "have a process established to ensure that family members know the location of their children and have regular communication after separation to ensure that those adults who are subject to removal are reunited with their children for the purposes of removal", and that ICE had "implemented an identification mechanism to ensure on-going tracking of linked family members throughout the detention and removal process".^[371] The Port Isabel Service Processing Center was intended to become the primary family reunification and removal center for adults who were in the custody of the ICE.^[371] The document did not set out any timeline for reuniting the remaining children that had been separated from their families due to the policy.

The DHS and HHS documents stated that adults who had been processed for removal would have the choice of whether or not their child would accompany them.^[160] CNN reported that adult detainees were being offered the opportunity to see their children if they agreed to sign voluntary departure orders, waiving their right to go before a judge. Immigration advocates criticized the policy; Attorney Efrén Olivares of the Texas Civil Rights Project said, "We have no reason to believe that [voluntary deportation] is the fastest way for parents to be reunited with their children. Putting them in that position is not a voluntary [deportation]; it's being obtained under duress."^[372]

HHS also stated that ICE officials had posted notices in all of its facilities advising detained parents who were trying to find or communicate with their children to call a hotline, staffed from 8:00 a.m. to 8:00 p.m., Monday through Friday. Further according to ICE, the parents can also contact the Office of Refugee Resettlement (ORR) National Call Center, to determine if the child is in custody of HHS.^[366]

Preparations for new detention facilities

The June 20, 2018, executive order instructs that "The Secretary of Defense shall take all legally available measures to provide to the Secretary, upon request, any existing facilities available for the housing and care of alien families, and shall construct such facilities if necessary and consistent with law."^[358] On June 21, the Department of Health and Human Services requested facilities to house migrant children. Pentagon spokesmen and a memorandum sent to Congress confirmed that the Department of Defense was preparing facilities at four military bases in Texas and Arkansas—Fort Bliss, Dyess Air Force Base, Goodfellow Air Force Base, and Little Rock Air Force Base—to house 20,000 "unaccompanied alien children".^[373] On June 25, the Associated Press reported that Fort Bliss and Goodfellow Air Force Base had been chosen, and that one will house unaccompanied migrant children, while the other will house migrant families.^[374]

On June 22, 2018, Time Magazine reported the contents of an internal Navy planning memorandum that proposed constructing "tent cities" to house migrants in "temporary and austere" facilities at Navy Outlying Field Wolf in Orange Beach, Alabama, Navy Outlying Field Silverhill, and two abandoned airfields near Mobile, Alabama. The memorandum also proposes that up to 47,000 people could be housed at both the former Concord Naval Weapons Station in northern California and Camp Pendleton in southern California. These would be built by the Navy and operated by the Department of Health and Human Services.^[375]

Suspension of detentions for new cases

On June 21, 2018, The Washington Post reported that Customs and Border Protection had suspended criminal referrals for parents arriving across the border with their children. At the time, Justice Department officials said the zero tolerance policy remained in force and they would continue to process all adults for illegal entry.^[376]

On June 25, US Customs and Border Protection Commissioner Kevin McAleenan announced a temporary suspension of detaining migrant adults who traveled with children.^[377][378] In this context, White House press secretary Sarah Sanders explained that the government was "out of resources" and could not hold all the undocumented families coming across the US-Mexico border.^[378]

Difficulties of the reunification process

"Separated Parent's Removal Form" gives a parent being deported the option of leaving their child[ren] behind.^[379]

Three agencies were involved in processing immigrant families: Customs and Border Patrol, Immigration and Customs Enforcement, and the Department of Health and Human Services' Office of Refugee Resettlement. These agencies did not have a shared database for tracking migrant families, complied inaccurate summary data on the separation program, failed to consistently connect family members with their detained loved ones, and provided inaccurate information to family members, according to the DHS Inspector General's report.^[380] On June 23, 2018, DHS falsely claimed it and HHS had a "central database" for tracking migrants; the Department's Inspector General "found no evidence that such a database exists".^[380]

In early July, ORR staff were still missing instructions on how to proceed in order to reunite the separated children with their parents. The deadline for reuniting children under five with their parents was July 10; for all others it was July 26. After the court order, the HHS manually reviewed all case files of the approximately 11,800 children in their custody to determine whether HHS missed any who had been separated from adults at the border. Matters were further complicated by the fact that parents may have been in different situations: released, still detained, or deported.^[381][166]

The usual procedure for the release of a child to a sponsor involves a background check. Sponsors must submit documentation proof that they are legitimate relatives and financially capable. They also have to pay for travel costs, in some cases thousands of US dollars for air fares.^[382] Since June 2018, the procedure also involves the fingerprinting of every adult in a potential sponsor's household. The procedure is said to be intended to avoid the risk of releasing children to unauthorized persons or child traffickers. Representatives of plaintiffs argue that the usual procedure is too slow for the release of a child to their parent.^[381]

CNN reported that DNA testing was performed to expedite parental verification and ensure reunification with verified parents, without details being reported as to whether consent has been asked. Human rights advocates have criticized that migrant children, some as young as two months old, cannot give their consent to DNA testing.^[383] Medical experts have recommended to use DNA testing only as a last resort. Thomas H. Murray, president emeritus of The Hastings Center, emphasizes the danger to social ties in the family given that "misattributed fatherhood, and even motherhood, is more common than most people realize".^[384][385]

Second chance

In September 2018, the Department of Justice changed their handling of asylum claims of asylum seekers who had undergone family separation. The change, which was said to give about 1,000 persons a second chance to claim asylum, was the result of a negotiation covering three lawsuits that had been filed against the government over the family-separation policy.^[393]

On November 30, 2018, CNN reported that 140 children who had been separated from their parents still remained in custody. Of these, eight were in the pipeline for reunification in the US or abroad, whereas 132 would not be reunified with their parents, either because the parents had declined reunification or officials had deemed that no reunification could take place because the parents were unfit or posed a danger.^[394]

2019 Followup report

A followup government report released in January 2019, revealed that while HHS had previously said that the total number of children separated from their parents was 2,737, a new investigation suggested the true number of children to be thousands more, with the exact number unknown.^[25][24] In February, the Trump administration responded to requests made by the ACLU that the thousands of children that were revealed in the January report be reunited with their parents as well. HHS responded to the requests saying it would be extremely difficult to locate the children and even if it were possible they planned to continue to focus only on the children currently in custody, claiming that removing children from "sponsor" homes "would present grave child welfare concerns". The leading ACLU attorney responded saying "The Trump administration's response is a shocking concession that it can't easily find thousands of children it ripped from parents, and doesn't even think it's worth the time to locate each of them."^[25]

2020 ACLU update

In October 2020, ACLU lawyers submitted a court filing with an update saying they had not yet been able to reach the parents of 545 separated children, with about two-thirds of the parents believed to be somewhere in Central America. The lawyers reported that it has been very difficult to locate the parents of about 1,500 children who had been taken from their parents in 2017, when zero-tolerance was being carried out during the secretive pilot program because many of those parents were deported without their children and records were not kept. The Trump administration has refused funding or assistance to help find the missing parents; NGOs and the ACLU have provided both volunteer workers and have covered all expenses related to the search. Speaking on PBS, ACLU head attorney Lee Gelernt said, "When there are families in the U.S. who have finally been reunited, and they have gone through this horrific situation, you would think the Trump administration would say, OK, we will let them stay. But, in fact, what most people don't know is, the Trump administration is trying to deport all of these previously separated families." The ACLU says that the COVID-19 pandemic has added to the difficulty of finding parents, but they are committed to reuniting all of the remaining children.^[18][395] After cases of COVID-19 among minors in ORR custody were confirmed during the COVID-19 pandemic, two federal courts issued rulings mandating oversight of the facilities' preparedness for the pandemic.^[396] Though SARS-CoV-2 has been characterized as posing a "grave danger" to public health throughout the Biden Administration COVID-19 action plan, vaccination is not a requirement for ICE detainees.^[397] It was reported in July 2021 that just over 20% of detainees had received one dose of vaccine, with only 1,300 having received two doses.