Month: June 2018

FACT VS MYTH on the Zero Tolerance Policy

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by Michelle Martin, Cal State University

There is so much misinformation out there about the Trump administration’s new “zero tolerance” policy that requires criminal prosecution, which then warrants the separating of parents and children at the southern border. Before responding to a post defending this policy, please do your research…As a professor at a local Cal State, I research and write about these issues. I wrote the following to make it easier for you:

Myth: This is not a new policy and was practiced under Obama and Clinton – FALSE. The policy to separate parents and children is new and was instituted on 4/6/2018. It was the “brainchild” of John Kelly and Stephen Miller to serve as a deterrent for undocumented immigration, and some allege to be used as a bargaining chip. The policy was approved by Trump, and adopted by Sessions. Prior administrations detained migrant families, but didn’t have a practice of forcibly separating parents from their children unless the adults were deemed unfit. https://www.justice.gov/…/press-rele…/file/1049751/download…

Myth: This is the only way to deter undocumented immigration – FALSE. Annual trends show that arrests for undocumented entry are at a 46 year low, and undocumented crossings dropped in 2007, with a net loss (more people leaving than arriving). Deportations have increased steadily though (spiking in 1996 and more recently), because several laws that were passed since 1996 have made it more difficult to gain legal status for people already here, and thus increased their deportations (I address this later under the myth that it’s the Democrats’ fault). What we mostly have now are people crossing the border illegally because they’ve already been hired by a US company, or because they are seeking political asylum. Economic migrants come to this country because our country has kept the demand going. But again, many of these people impacted by Trump’s “zero tolerance” policy appear to be political asylum-seekers. https://www.npr.org/…/arrests-for-illegal-border-crossings-…

Myth: Most of the people coming across the border are just trying to take advantage of our country by taking our jobs – FALSE. Most of the parents who have been impacted by Trump’s “zero tolerance” policy have presented themselves as political asylum-seekers at a U.S. port-of-entry, from El Salvador, Guatemala, and Honduras. Rather than processing their claims, according to witness accounts, it appears as though they have been taken into custody on the spot and had their children ripped from their arms. The ACLU alleges that this practice violates the US Asylum Act, and the UN asserts that it violates the UN Treaty on the State of Refugees, one of the few treaties the US has ratified. The ACLU asserts that this policy is an illegal act on the part of the United States government, not to mention morally and ethically reprehensible. https://www.nytimes.com/…/meatpackers-profits-hinge-on-pool…

Myth: We’re a country that respects the Rule of Law, and if people break the law, this is what they get – FALSE. We are a country that has an above-ground system of immigration and an underground system. Our government (under both parties) has always been aware that US companies recruit workers in the poorest parts of Mexico for cheap labor, and ICE (and its predecessor INS) has looked the other way because this underground economy benefits our country to the tune of billions of dollars annually. Thus, even though many of the people crossing the border now are asylum-seekers, those who are economic migrants (migrant workers) likely have been recruited here to do jobs Americans will not do. https://www.upi.com/…/Donald-Trumps-wall-ign…/2621477498203/

Myth: The children have to be separated from their parents because the parents must be arrested and it would be cruel to put children in jail with their parents – FALSE. First, in the case of economic migrants crossing the border illegally, criminal prosecution has not been the legal norm, and families have historically been kept together at all cost. Also, crossing the border without documentation is typically a misdemeanor not requiring arrest, but rather has been handled in a civil proceeding. Additionally, parents who have been detained have historically been detained with their children in ICE “family residential centers,” again, for civil processing. The Trump administration’s shift in policy is for political purposes only, not legal ones. See p. 18: https://www.aclu.org/…/ms-l-v-ice-plaintiffs-opposition-def…

Myth: We have rampant fraud in our asylum process, the proof of which is the significant increase we have in the number of people applying for asylum. FALSE. The increase in asylum seekers is a direct result of the increase in civil conflict and violence across the globe. While some people may believe that we shouldn’t allow any refugees into our country because “it’s not our problem,” neither our current asylum law, nor our ideological foundation as a country support such an isolationist approach. There is very little evidence to support Sessions’ claim that abuse of our asylum-seeking policies is rampant. Also, what Sessions failed to mention is that the majority of asylum seekers are from China, not South of the border. Here is a very fair and balanced assessment of his statements: http://www.politifact.com/…/jeff-sessions-claim-about-asyl…/

Myth: The Democrats caused this, “it’s their law.” FALSE. Neither the Republicans nor the Democrats caused this, the Trump administration did (although the Republicans could fix this today, and have refused). I believe what this myth refers to is the passage of the Illegal Immigration Reform and Immigrant Responsibility Act, which were both passed under Clinton in 1996. These laws essentially made unauthorized entry into the US a crime (typically a misdemeanor for first-time offenders), but under both Republicans and Democrats, these cases were handled through civil deportation proceedings, not a criminal proceeding, which did not require separation. And again, even in cases where detainment was required, families were always kept together in family residential centers, unless the parents were deemed unfit (as mentioned above). Thus, Trump’s assertion that he hates this policy but has no choice but to separate the parents from their children, because the Democrats “gave us this law” is false and nothing more than propaganda designed to compel negotiation on bad policy. https://www.independent.co.uk/…/trump-democrats-us-border-m…

Myth: The parents and children will be reunited shortly, once the parents’ court cases are finalized. FALSE. Criminal court is a vastly different beast than civil court proceedings. Also, the children are being processed as unaccompanied minors (“unaccompanied alien children”), which typically means they are in the custody of the Office of Refugee Resettlement (ORR), which is part of the Department of Health and Human Services (DHS). Under normal circumstances when a child enters the country without his or her parent, ORR attempts to locate a family member within a few weeks, and the child is then released to a family member, or if a family member cannot be located, the child is placed in a residential center (anywhere in the country), or in some cases, foster care. Prior to Trump’s new policy, ORR was operating at 95% capacity, and they simply cannot effectively manage the influx of 2000+ children, some as young as 4 months old. Also, keep in mind, these are not unaccompanied minor children, they have parents. There is great legal ambiguity on how and even whether the parents will get their children back because we are in uncharted territory right now. According to the ACLU lawsuit (see below), there is currently no easy vehicle for reuniting parents with their children. Additionally, according to a May 2018 report, numerous cases of verbal, physical and sexual abuse were found to have occurred in these residential centers. The report covers earlier years, but I’m including it here to highlight that there are problems with keeping children in large residential centers, even if they are run efficiently and supervised by licensed social workers and counselors. There is an abundance of empirical evidence that shows that residential care, even highly efficient ones, are no place for children, particularly very young ones: https://www.aclu.org/…/aclu-obtains-documents-showing-wides…

Myth: This policy is legal. LIKELY FALSE. The ACLU filed a lawsuit against the Trump administration on 5/6/18, and a recent court ruling denied the government’s motion to dismiss the suit. The judge deciding the case stated that the Trump Administration’s policy is “brutal, offensive, and fails to comport with traditional notions of fair play and decency.” The case is moving forward because it was deemed to have legal merit. https://www.bloomberg.com/…/aclu-suit-over-child-separation…

I Don’t Need to ‘Understand’ Anyone Who Still Supports This President*

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by Charles Pierce, ESQUIRE

The New York Times had a story on Friday that should’ve brought shame and derision upon anyone who voted for the racist monster in the White House, and upon the racist monster that the other racist monster installed at the head of the Department of Justice.

The United States government is now committing human rights atrocities within its own borders and against the most vulnerable people it can find. I don’t need to “understand,” much less take seriously, anyone who still supports this president* and his administration* because, if you do, you’ve taken the idea of America and run battery acid through its veins.

An American government escort handed over the 5-year-old child, identified on his travel documents as José, to the American woman whose family was entrusted with caring for him. He refused to take her hand. He did not cry. He was silent on the ride “home.” The first few nights, he cried himself to sleep. Then it turned into “just moaning and moaning,” said Janice, his foster mother. He recently slept through the night for the first time, though he still insists on tucking the family pictures under his pillow. 
José’s separation from his father is part of the Trump administration’s latest and most widely debated border enforcement policy. Last month, Attorney General Jeff Sessions announced that the government would criminally prosecute everyone who crosses the border illegally, a directive that is already leading to the breakup of hundreds of migrant families and channeling children into shelters and foster homes across the country.

Does it get worse? Trick question.

Among other children recently fostered by Bethany families is an 18-month-old girl separated from her father, who has been detained. The child cries frequently, especially when she changes settings, such as leaving her foster family’s home to attend a doctor’s appointment. 
Dona Abbott, Bethany’s refugee program director, said that these newly separated children frequently have nightmares, anxiety and stomachaches. A 3-year-old boy taken from his mother at the border was inconsolable during his flight to Michigan and cried incessantly on arrival at his new home last month, she said. He recently has begun to bond with his foster mother, from whom he is now reluctant to be apart. “He seems fearful of losing yet another attachment,” Ms. Abbott said.

What in the hell are we doing calling ourselves civilized, let alone a free nation?

The one thing that animated him was discussing his “photos,” as he called the family drawings. He introduced “mi familia,” pointing to the figures of his parents, brother and younger sister. Staring intensely at the sketch of his father, with a slight mustache and a cap, he repeated his name out loud again and again. It was “just me and him” on the trip from Honduras, he told Janice one night as he lay in bed shuffling the pictures, taking turns looking at one and then the other. 
“He holds onto the two pictures for dear life,” Janice said, through tears. “It’s heart-wrenching.”… When sirens pierced the quiet of the night last week, José’s eyes widened with fear. “La violencia, la violencia,” he said. The family assured him that it was not violence; it was fire trucks.

Fire trucks. Jesus. Janice, the foster mother in the story, is practically the only person in it with whom I’m happy to share a planet.

“It’s incredibly conflicting for me as a parent to watch this little boy begin to just have fun and experience joy in simple pleasures,” Janice said. “His dad doesn’t get to see him being joyful. It’s as if these moments with his son have been stolen from him. I am no substitute.” 
For sure, the boy’s family always seems to be on his mind. 
At bedtime one night last week, he announced: “I am going with my papa on Saturday.” 
To which Janice responded, “You know, mi amor, I don’t think it will be Saturday. First we have to get more information about where your dad is so that we can call him, and then we’ll see.” 
He listened, and then asked her to remain in the room. “I don’t want to be alone,” he said.

So, thanks to this president* and his 63 million enablers, and his acolytes in the media, and all the people who didn’t care enough to stop him in 2016, and all the people who don’t care enough to stop him now, we have our own American variations on the Tuam babies and the Magdalene Laundries.

Children are being punished, cruelly and mindlessly, for the perceived sins of their parents and, because we are a secular republic, it is not being done in the name of God but, rather, on the behalf of everybody in this country. That does not make this better. Not by a longshot.

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