The Zero-Tolerance US Immigration Policy :- 2000 children getting separated from their families...

The Youth's Lens
Jun 28, 2018
3 min read

Explore the crisis of US Immigration Policy under the Trump administration with Rajal Monga.

So, what is the zero-tolerance immigration policy?

Even though the United States of America is a nation of immigrants, unauthorized immigrants have become a source of political debate over issues such as deportations, legal status, education and benefits. After spending years struggling with issues of illegal immigrants entering the country, the government of the United States of America has launched a zero-tolerance immigration policy which enforces firm authoritarian laws for offenders who illegally crossing the U.S. border.

Has it solved the problem of illegal immigration?

There is an ongoing debate, deliberating over the efficiency and consequences of the zero-tolerance immigration policy. While many believe it to be an essential step, to free America from increasing cost of unauthorized immigration, many intellects also believe Trump’s border strategy to be rather impractical. A former official from the Homeland security stated- “It’s going to be 'catch and release' because they don’t have the detention beds for them [the immigrants]”.

Similar factors such as inadequate space for incarcerating the hundreds of families crossing the border, strict legal limits on the duration the migrant children can be detained, and political backlash against separating them from their parents have made it especially difficult to enforce the policy on the ground. Another hurdle was the 1997 Flores settlement agreement, which outlines the fundamental standards for treatment of unaccompanied minors in detention — instructed that children be incarcerated no more than 20 days. U.S. District Court Judge Dolly Gee ruled in 2015 that the guidelines also extended to children with their parents.

Even though the Justice Department filed a motion to change the agreement to allow for indefinite detention of children with their parents or guardians. However, plaintiffs in the case oppose any alteration, and Gee, an appointee of President Barack Obama, is not expected to grant it.

Separation of Families due to the policy

The biggest issue with the enforcement of the policy has been the political fallout, resulted due to the separation of families caused at the borders. It has estranged more than 2,000 children from their parents as they crossed the U.S.-Mexico border, during a six-week period in April and May, and has sparked an outrage amongst the public.

What does the law say about the situation?

While there are no laws separating children from their parents when caught crossing into the country illegally, laws do exist against entering the U.S. illegally, and a decree regarding how long children can be held in immigration detention. ICE is, by law, prohibited from detaining unaccompanied children, and even after a parent or guardian has been apprehended and charged, HHS and ORR are responsible for their care and are required to place them in the least restrictive environment, whether its foster care, or an opportunity to move in with relatives in the US.

What has been the response to the situation?

The public is absolutely outraged by lack of sympathy and courtesy exhibited towards the children and their families. "When a policy...ends up in the separation of the family and in the pain of so many human beings, especially children, not only must it be revised, it must be corrected as soon as possible," Guatemalan President Jimmy Morales said on his Facebook page this week. Newspapers, such as the El Universal, claimed the United States “treats migrant children as Taliban”. There have also been political cartoons, such as the one featured in La Prensa, titled "Nation of Immigrants" depicting the Statue of Liberty using her flame to burn an immigrant. Moreover, many celebrities have spoken about the inconsideration depicted by the government, and the President of The United States of America, Donald J Trump. Furthermore, the already intense situation aggravated due to an irresponsible choice of clothing made by First Lady Melania Trump, when she was seen wearing a controversial military green jacket with a graffiti “I really don’t care, do you?” on her back, as she visited the young children who were separated due to the policy. Though Trump claims it was referred towards “Fake media”, many people believe it to be an imprudent decision, creating even more dispute to the already severe situation.

Finally, as a result of such public disagreement, Trump was announced on Wednesday, that U.S. officials would no longer separate children from their families. While this indeed is a great news in itself, there aren’t enough details about what would happen to the 2,000 children already separated from their parents. The pain suffered by these families cannot possibly be described through words, we urge the government to ensure a peaceful resettlement of these families.

Bibliography and References

https://www.politico.com/story/2018/06/22/trump-immigration-zero-tolerance-catch-and-release-646956
https://www.usatoday.com/story/news/politics/2018/06/22/trumps-immigration-policy-sparks-outrage-central-america/725497002/
http://www.foxnews.com/politics/2018/06/19/what-trumps-zero-tolerance-immigration-policy-means-for-children-separated-from-families-at-border.html
http://video.foxnews.com/v/5766609983001/?#sp=show-clips
https://www.fairus.org/issue/illegal-immigration/whats-wrong-illegal-immigration
http://www.pewresearch.org/topics/unauthorized-immigration/
https://www.bbc.com/news/world-us-canada-44574499

Written By Rajal Monga