A great deal of political hype has been created in recent years about the treatment of border crossers, including family separations, the use of “cages”, etc. To clarify the position on the handling practices we would support, let’s first understand the situation just prior to the election of Joe Biden and how we arrived at this point.
Illegal immigration along the southern border has been an especially volatile topic for at least the last 20-30 years. But until the election of Donald Trump with his promise to “build a wall”, the actual conditions on the ground and the real situation wasn’t fully understood. At that point, however, the facts were seriously distorted in some cases to cause political harm to that administration.
In the past, illegal border crossers that were apprehended were taken to CBP and ICE processing facilities, and then released to the Department of HHS within 72 hours for further placement within the US. These facilities were sometimes partitioned chain-link enclosures; the photos of a warehouse converted this way in McAllen, Texas .. in 2014 (Obama-era) … that was housing 1,000 unaccompanied minors, was circulated against the Trump administration in 2017-2018. At the time, CBP was seeing a massive spike in this group coming across the border and the normal “catch and release” practice wasn’t feasible for a 7-year-old to be released, on his or her own, into the city. Other facilities were also funded and constructed in 2014-2015 under this same program, including in Arizona, where additional photos were taken and then distributed through the media during the Trump administration. The simple fact is that both administrations used the facilities for the same purposes.
Separation of children: This practice actually started several administrations before Trump, and was reluctantly expanded (due to the high influx of minors and families) under Obama. It did increase again under Trump as adults crossing the border faced immediate prosecution, and minors were not allowed by law to stay with those family members awaiting trial. Once the situation was resolved in court, however, the parents of over 600 children have so far refused to claim them, forcing HHS to re-home those children through other means.
The CBP is constantly facing high influxes of border crossers, including asylum seekers at official border checkpoints. This resulted in several actions being taken by the Trump administration, which have had good success in most cases thus far: First, several agreements were reached with Mexico, Honduras, Guatemala, and El Salvador, for asylum requests to be processed in their countries; the US would no longer accept (most) asylum requests presented to them at the border (it was revealed that US lawyers in Mexico would “coach” would-be immigrants on how to navigate the asylum requests). The exploitation of this process forced the US to employ catch-release programs since the volume of immigrants often exceeded 2,000 per day and facilities didn’t exist to house them all. Next, agreements were reached such that immediate deportations would commence for most entering illegally. This took not only heavy burdens off agents and facilities, but also served to deter crossing attempts and trafficking. This also allowed families to stay together more often since adult members were being detained less.
When are children separated and detained today? This still does occur when the child is unaccompanied, the child’s guardian cannot be confirmed (e.g., trafficker risk), or when the parent or guardian is awaiting prosecution. There are many still crossing (re-crossing) the border that have active warrants for their arrest. In all cases the child must be (1) deported immediately and released to Mexican or other originating Central American authorities, or (2) housed humanely and safely (Flores Act from the 1990’s) and released to HHS within 72 hours for further placement and disposition.
The last administration’s highly unpublicized process is worth noting today: An illegal immigrant is apprehended. They are turned over to ICE, and may be deported under “Expedited Removal” if within 100 miles of the border and in-country for under 14 days. If they do not fall under that program, they are given a notice to appear in court at a later date to argue for being allowed to stay. At that point they are either released on their own recognizance, allowed to post bond and be released, or are detained in an ICE detention center (based on ICE risk assessment). Detainees may also voluntarily leave the US, and be allowed to return later for their court date or other reasons. Valid arguments in courts, incidentally, have included having a long, lawful history as a resident in the US (although illegal), married to a US citizen, etc.
Considering the past administration’s processes that have been adjusted due to court challenges to be increasingly humane while also being strict enough to serve as a deterrent for illegal crossings, the Moderate Majority platform for apprehension handlings is to continue to follow the same processes with these specific conditions:
- Immediate deportations should remain a tool to be leveraged in cases where imminent threats or safety cannot be validated (e.g., asylum seekers that are allowed to stay in country while awaiting court dates)
- Partnerships with the Northern Triangle countries and Mexico should be continued, with emphasis on enforcement on their ends (not all countries are following what they agreed to with the US)
- Families should not be separated except when all adults in the unit are arrested for outstanding warrants, or there exist other necessary medical reasons
- Field agents and offices should be given tools (e.g., rapid DNA screening capabilities) to rapidly validate claim of parent-child relationship if other documents are not presented as proof
- In all cases humane conditions must be provided for all detainees, including adequate shelter from elements, food, fluids, and medical care. Disposition of those apprehended must be completed within 72 hours. Disposition may include deportation, referral and release to HHS, or release to other sponsoring private agencies (e.g., charities).
*Note: This platform has increasing relevance since the Biden administration completely dismantled most of the policies of the past administration that were proving highly effective.