EXECUTIVE SUMMARY On February 26, 2019, the Committee on Oversight and Reform voted on a bipartisan basis to authorize subpoenas to compel the Trump Administration to produce documents r
THE COMMITTEE’S INVESTIGATION
In early 2018, reports emerged of hundreds of children, including infants and toddlers, being separated from their parents at the U.S.-Mexico border Many of these children had been brought to the United States by their parents to escape violence in Central America and other regions, seeking asylum under U.S immigration laws.
In response to reports, Ranking Member Cummings, representing the minority, repeatedly urged Republicans to conduct an investigation On May 22 and June 17, 2018, Rep Cummings and other Committee Democrats formally urged Chairman Trey Gowdy to look into the matter, emphasizing the importance of transparency and accountability.
2018, requesting an investigation, but he did not respond 2
Rep Cummings then began pleading with his Republican colleagues, including at hearings on unrelated topics For example, on July 19, 2018, Rep Cummings asked his
Republican colleagues to “stand up to President Trump” and join Democrats in rejecting the child separation policy 3 Again, Republicans refused
On June 22, 2018, all Committee Democrats sent a letter demanding the Trump Administration disclose information about children separated from their families under the child separation policy The Administration failed to comply with this request, raising concerns about transparency and child welfare.
A family fleeing death threats faced harsh separation at the border, highlighting the severe impact of immigration policies on vulnerable families (Washington Post, March 18, 2018) Hundreds of immigrant children have been separated from their families, raising urgent concerns about the humanitarian and legal implications of current immigration enforcement practices.
Parents at U.S Border, New York Times (Apr 20, 2018) (online at www.nytimes.com/2018/04/20/us/immigrant- children-separation-ice.html?login=email&auth=login-email)
In May and June of 2018, Ranking Members Elijah E Cummings and Rep Carolyn B Maloney sent key letters to Chairman Trey Gowdy of the House Oversight and Government Reform Committee, highlighting concerns regarding the treatment of migrant children and requesting thorough oversight of ICE detention practices These communications emphasized the importance of transparency and accountability in immigration enforcement, urging comprehensive investigations into child separation policies The letters are accessible online, providing detailed insights into the Democratic members' stance on immigration issues and their efforts to ensure humane treatment of detainees.
17.OGR%20Dems%20to%20Gowdy%20re%20Request%20for%20Child%20Separation%20Hearing.pdf)
3 Committee on Oversight and Government Reform Democrats, MUST SEE VIDEO: Elijah Cummings
On June 19, 2018, Elijah Cummings issued a blistering condemnation of President Trump’s handling of child detention policies, referring to them as “child internment camps” and highlighting the severe humanitarian concerns involved He called on House Republicans to stand up to President Trump and advocate for the well-being and rights of children affected by these policies Cummings emphasized the need for accountability and transparency, urging Congress to take responsibility in addressing this urgent humanitarian crisis This statement underscores the importance of bipartisan action to protect vulnerable children and challenge offensive immigration enforcement practices.
On June 22, 2018, Democratic members of the Committee on Oversight and Government Reform sent official letters to Secretary Kirstjen M Nielsen of the Department of Homeland Security, Secretary Alex M Azar II of the Department of Health and Human Services, and Attorney General Jeff Sessions of the Department of Justice These letters addressed critical concerns regarding immigration enforcement, public health, and legal procedures, demanding transparency and accountability from these federal agencies The correspondence highlights the importance of safeguarding civil rights while enforcing immigration policies and calls for detailed information on related government actions For further details, the full letters are accessible online at the official House Oversight Committee website.
22.OGR%20Dems%20to%20Nielsen-DHS%20Azar-HHS%20Sessions-
DOJ%20re%20Family%20Separations.pdf)
During another unrelated hearing, Rep Cummings urgently appealed to his Republican colleagues, highlighting that the ongoing harm and trauma inflicted by the government on children are worsening daily.
On July 5, 2018, Ranking Member Cummings successfully secured an agreement with Republican Committee Member Rep Mark Meadows to request information from the Department of Justice (DOJ), Department of Homeland Security (DHS), and Department of Health and Human Services (HHS) Their goal was to gather details about each child and parent separated under the Administration’s zero tolerance policy, emphasizing the urgency of reuniting families as quickly as possible.
All three agencies refused to produce the requested information Instead, they briefed Committee Members and staff on July 18, 2018, but they did not produce the specific information requested 7
Over several months, Rep Cummings consistently sought the information, making bipartisan efforts to obtain the requested data Despite his follow-up letter on August 2, 2018, demanding “full and immediate compliance,” the agencies refused to provide the requested information.
In September 2018, Rep Cummings and Committee Democrats repeatedly asked
Chairman Gowdy to allow the Committee to debate and vote on a motion to issue subpoenas to HHS, DHS, and DOJ for the information Rep Gowdy did not respond 9
5 Committee on Oversight and Government Reform, Hearing on Examining the Administration’s
Government-Wide Reorganization Plan, 115th Cong (June 27, 2018) (online at https://docs.house.gov/meetings/GO/GO00/20180627/108490/HHRG-115-GO00-Transcript-20180627.pdf)
6 Letter from Chairman Mark Meadows, Subcommittee on Government Operations, and Ranking Member Elijah E Cummings, Committee on Oversight and Government Reform, to Secretary Kirstjen M Nielsen,
On July 5, 2018, key government agencies including the Department of Homeland Security, led by Secretary Alex M Azar II, the Department of Health and Human Services, and the Department of Justice under Attorney General Jeff Sessions, collaborated on a coordinated effort to address national security and public health concerns This joint action underscores the importance of inter-agency cooperation in safeguarding the nation's security and promoting public well-being For more details, visit the official document at https://oversight.house.gov/sites/democrats.oversight.house.gov/files/documents/Meadows-.
Cummings%20Letter%20Requesting%20Info%20on%20Separated%20Children.pdf)
Commander Jonathan D White, Ph.D., Federal Health Coordinating Official for the 2018 UAC Reunification Effort, provided a briefing on the Department of Health and Human Services' role in reunifying unaccompanied children with their families Key officials including Joseph Edlow from the Department of Justice, Matthew T Albence from ICE, and Matthew Rogow from Customs and Border Protection shared insights on enforcement, removal operations, and law enforcement strategies The briefing, held on July 18, 2018, before the Committee on Oversight and Government Reform, outlined the coordinated efforts and challenges faced during the reunification process for unaccompanied alien children.
In his August 2, 2018 letter, Ranking Member Elijah E Cummings of the House Committee on Oversight and Government Reform urgently urged Secretary Kirstjen M Nielsen of the Department of Homeland Security, Secretary Alex M Azar II of the Department of Health and Human Services, and Attorney General Jeff Sessions of the Department of Justice to address critical concerns related to immigration and homeland security policies He emphasized the need for transparency and accountability in government operations, highlighting the importance of safeguarding individual rights while enforcing national security measures The letter calls for detailed information and cooperative efforts from these agencies to ensure effective oversight and proper implementation of policies impacting vulnerable populations and national safety.
DOJ%20Nielsen-DHS%20Azar-HHS%20re%20Child%20Separation%20Follow%20Up%20Request.pdf)
On September 17, 2018, Ranking Member Elijah E Cummings sent an official letter to Chairman Trey Gowdy of the Committee on Oversight and Government Reform, highlighting key concerns related to oversight issues The letter emphasizes the importance of transparency and accountability within government agencies and calls for thorough investigations into specific matters Cummings's communication underscores the need for congressional oversight to ensure ethical conduct and proper governance This correspondence is a critical document that reflects ongoing efforts to promote integrity and responsibility in government operations The full letter is available online at the official House Oversight Committee website, providing detailed insights into the priorities of the Democratic Members during that session.
17.EEC%20to%20Gowdy-OGR%20re%20Child%20Separation.pdf); Letter from Ranking Member Elijah E
At a Committee meeting on September 27, 2018, Democrats moved to issue these subpoenas, but Republicans blocked their consideration 10
On December 19, 2018, following the Democrats’ majority win in the House of Representatives and Rep Cummings' appointment as Committee Chairman, he issued letters to three agencies requesting full compliance with the July 2018 information request by January 11, 2019 Despite having over six months to respond, the agencies failed to provide the requested information by the specified deadline.
CHRONOLOGY OF ADMINISTRATION’S CHILD SEPARATIONS
This section provides a chronology of the Trump Administration’s child separation policy For a more detailed timeline, see Appendix A
The height of child separations at the southern border occurred between April and June
2018 During this period, DOJ instituted a “zero tolerance policy” to prosecute all cases of unauthorized entry at the southern border, and DHS referred all instances of unauthorized entry for prosecution
Under this policy, CBP separated families crossing the border without authorization, referring parents for prosecution while designating children as Unaccompanied Alien Children (UAC) These children were placed in facilities managed by ORR, a division of HHS, across various locations, resulting in significant family separations at the U.S.-Mexico border.
The Trump Administration has acknowledged the separation of hundreds of additional children since the zero tolerance policy was halted by a federal court Government watchdogs suggest that thousands of children may have been separated prior to the policy's announcement This ongoing investigation highlights the widespread impact of family separations under immigration enforcement policies.
The DHS Office of Inspector General and the Government Accountability Office (GAO) reported that the Trump Administration carried out child separations without effective plans to track separated children or reunite families Additionally, officials made false statements regarding their capacity to monitor and reunify separated children, and the administration failed to prepare for an expected influx of children into ORR custody despite warnings from agency officials.
The Trump Administration’s failure to care for separated children adequately and reunite them with their families in a timely way may also violate binding standards in the 1997 Flores v
Reno settlement agreement and the Trafficking Victims Protection Reauthorization Act
(TVPRA), which was signed into law by President George W Bush in 2008
The Flores Agreement establishes nationwide policies governing the detention, release, and treatment of minors in federal immigration custody It mandates that the government promptly process detained children and ensures their placement in appropriate conditions This legal framework aims to protect the rights and well-being of immigrant children during detention, emphasizing swift processing and humane treatment.
The Flores settlement emphasizes the importance of placing minors in the “least restrictive setting appropriate,” ensuring detention conditions are “safe and sanitary,” and facilitating the prompt release of children “without unnecessary delay” to a parent or sponsor This settlement applies to all minors, regardless of whether they are accompanied by adults, guiding policies to prioritize their safety and well-being during immigration proceedings.
18 Department of Homeland Security, Office of Inspector General, Special Review—Initial Observations
Regarding Family Separation Issues Under the Zero Tolerance Policy (Sept 27, 2018) (online at www.oig.dhs.gov/sites/default/files/assets/2018-10/OIG-18-84-Sep18.pdf); Government Accountability Office,
Unaccompanied Children, Agency Efforts to Reunify Children Separated from Parents at the Border (Oct 24, 2018)
(online at www.gao.gov/assets/700/694918.pdf)
The 19 Stipulated Settlement Agreement in Flores v Reno (No CV 85-4544-RJK(Px), N.D Cal., January 17, 1997) establishes clear guidelines for the detention of children Interpreting this agreement, legal authorities have determined that detaining children in family detention centers for more than 20 days violates its provisions This ruling emphasizes the importance of timely and humane treatment of detained minors in accordance with the settlement's terms.
The TVPRA mandates that, barring "exceptional circumstances," any unaccompanied alien child in government custody—including separated children—must be transferred to an ORR facility within 72 hours of identification This regulation ensures timely placement of unaccompanied minors in appropriate care facilities to prioritize their safety and well-being.
Administration’s Initial Child Separations (2017 to Early 2018)
The Trump Administration began publicly discussing the possibility of separating children just weeks after President Trump’s inauguration in 2017 In an interview on March 7,
2017, Secretary of Homeland Security John F Kelly was asked whether DHS personnel were going to “separate the children from their moms and dads.” He responded:
I am considering implementing measures to deter further movement along this dangerously networked area Rest assured, those affected will be well cared for as we address their parents’ concerns.
In July 2017, the Administration initiated a secret pilot program in the El Paso sector to separate children from their parents at the border A GAO report from October 2018 revealed that 281 individuals had been separated under this program.
A January 2019 report by the HHS Office of Inspector General revealed a significant increase in child separations in 2017, highlighting that "thousands" of separations may have occurred prior to the implementation of the zero-tolerance policy However, the report also indicated that the "total number and current status of all children separated from their parents or guardians by DHS and referred to ORR’s care is unknown." This investigation, complemented by media reports and lawsuits filed by separated parents, underscores ongoing concerns about transparency and the impact of family separation policies.
The Flores v Sessions case (No 2:85-CV-04544, C.D Cal., June 27, 2017) highlighted "substantial noncompliance" with the Flores settlement, noting that a significant number of detainees continued to be held for over 20 days, raising concerns about detention practices and adherence to legal standards (source: American Immigration Council).
According to CNN, DHS is exploring the possibility of separating undocumented children from their parents at the border This consideration highlights significant policy debates surrounding immigration enforcement and child protection The potential for family separation at the border has raised concerns from various human rights organizations and the public These discussions underscore the complex challenges faced by DHS in balancing immigration control with humanitarian responsibilities The article emphasizes that any decision to separate children from their parents would have profound legal and ethical implications.
23 Trump Admin Ran ‘Pilot Program’ for Separating Migrant Families in 2017, NBC News (June 29,
2018) (online at www.nbcnews.com/storyline/immigration-border-crisis/trump-admin-ran-pilot-program-separating- migrant-families-2017-n887616)
24 Government Accountability Office, Unaccompanied Children: Agency Efforts to Reunify Children
Separated from Parents at the Border (Oct 24, 2018) (online at www.gao.gov/assets/700/694918.pdf)
25 Department of Health and Human Services, Office of Inspector General, Separated Children Placed in
The Office of Refugee Resettlement (ORR) estimated that it had received and released thousands of separated children prior to the June 26, 2018, court order in Ms L v ICE, which mandated ORR to identify and reunify separated families This evidence contradicts statements from Administration officials claiming they had not been separating families before the April 2018 zero-tolerance policy.
Earlier this year, a federal court ordered the government to identify all children separated during this period and gave the Administration until October 2019 to do so 27 As of July 11,
2019, the Administration had identified 791 additional children separated before the original court order 28
Mass Separations Under “Zero Tolerance Policy” (April to June 2018)
Family separations increased dramatically in April 2018 as a result of two Trump Administration policy changes:
On April 6, 2018, Attorney General Sessions directed federal prosecutors along the southern border to prioritize prosecuting all referrals related to unauthorized entry into the United States under 8 U.S.C § 1325(a) This policy emphasizes the enforcement of laws against illegal crossings, reinforcing the government's commitment to border security and immigration enforcement.
In late April or early May 2018, Secretary of Homeland Security Kirstjen Nielsen implemented a new policy that mandates prosecuting all adults who make unauthorized border crossings, regardless of whether they arrive with a child.
Despite the Trump Administration separating thousands of children from their parents following new immigration policies, Secretary Nielsen consistently claimed there was no official policy mandating child separations On May 15, 2018, she testified before the Senate Homeland Security and Governmental Affairs Committee, asserting that "certain separated children were in its care as of that date," indicating a discrepancy between the administration's actions and its public statements.
26 ACLU Sues ICE for Allegedly Separating 'Hundreds' Of Migrant Families, National Public Radio (Mar
9, 2018) (online at www.npr.org/sections/thetwo-way/2018/03/09/592374637/aclu-sues-ice-for-allegedly- separating-hundreds-of-migrant-families)
27 Judge Gives U.S 6 Months to Account for Thousands More Separated Migrant Families, New York Times (Apr 25, 2019) (online at www.nytimes.com/2019/04/25/us/migrant-family-separation-judge.html)
28 Joint Status Report, Ms L v ICE, 3:18-cv-00428-DMS-MDD (S.D Cal July 11, 2019)
The Department of Justice and the Attorney General announced a zero-tolerance policy for criminal illegal entry on April 6, 2018 This new enforcement approach aims to deter unauthorized border crossings by prosecuting individuals who enter the United States illegally The policy emphasizes strict legal consequences to reinforce border security and uphold immigration laws For more details, visit the official announcement at www.justice.gov/opa/pr/attorney-general-announces-zero-tolerance-policy-criminal-illegal-entry.
30 The Secretary of Homeland Security Said There Was “No Policy of Separating Families.” A Memo
Proves There Was., Buzzfeed (Sept 27, 2018) (online at www.buzzfeednews.com/article/adolfoflores/immigratiom- homeland-security-family-separation-foia-dhs); Top Homeland Security Officials Urge Criminal Prosecution of
Parents crossing the border with children often face increased scrutiny from immigration authorities, highlighting the need for clear policies and effective enforcement According to the Washington Post, top Homeland Security officials are urging the criminal prosecution of parents who cross the border with their children, emphasizing the enforcement of immigration laws This approach raises complex issues about immigration enforcement, family separation, and the legal consequences for parents seeking better opportunities or safety for their children Understanding the implications of border crossings with minors is crucial for informed discussions on immigration reform and humane policy measures.
“We do not have a policy to separate children from their parents.” 31 On June 17, 2018, Secretary Nielsen tweeted: “We do not have a policy of separating families at the border Period.” 32
Secretary Nielsen stated that under the zero tolerance policy, the primary change was that “everyone is subject to prosecution,” which necessitated separating children when their parents were taken into U.S Marshals Service custody She emphasized that this approach was “not a controversial idea,” arguing that just as American citizens are jailed and separated from their families when they commit crimes nationwide, similar procedures apply in immigration enforcement.
Asked whether she was “intending for parents to be separated from their children” and
Secretary Nielsen emphasized that she finds the idea of intentionally sending a message offensive, stating, "No Because why would I ever create a policy that purposely does that?" She also firmly denied that the policy was designed as a deterrent, clarifying her stance on the matter.
Administration officials emphasized that family separations are intended to serve as a deterrent to illegal border crossings Attorney General Sessions stated, “Hopefully people will get the message and come through the border at the port of entry,” highlighting the policy’s deterring purpose Similarly, White House Chief of Staff John Kelly acknowledged, “It could be a tough deterrent,” indicating the administration’s view that separations would discourage unlawful crossings.
The President wrongly attributed the child separation policy to Democrats and legal requirements, rather than acknowledging the Administration’s own policy decisions He claimed to be powerless to halt the policy, stating, “We can’t do it through executive order,” despite evidence indicating otherwise On June 20, 2018, amidst widespread public outcry and international condemnation, significant pressure mounted for the Administration to change its approach.
President Trump issued an executive order backing away from the zero tolerance policy and blanket child separations in all cases of unauthorized entry 37
31 Senate Homeland Security and Governmental Affairs Committee, Hearing on Authorities and Resources
Needed to Protect and Secure the United States, 115th Cong (May 15, 2018) (online at www.hsgac.senate.gov/hearings/authorities-and-resources-needed-to-protect-and-secure-the-united-states)
32 Secretary Kirstjen Nielsen, Department of Homeland Security, @SecNielsen, Twitter (June 17, 2018) (online at twitter.com/SecNielsen/status/1008467414235992069)
33 The White House, Press Briefing by Press Secretary Sarah Sanders and Department of Homeland
Security Secretary Kirstjen Nielsen (June 18, 2018) (online at www.whitehouse.gov/briefings-statements/press- briefing-press-secretary-sarah-sanders-department-homeland-security-secretary-kirstjen-nielsen-061818/)
Several administration officials have publicly stated that family separation at the border is designed as a deterrent to illegal immigration According to a Washington Post article published on June 19, 2018, these officials explicitly described family separation as a strategy to discourage migrants from attempting to cross the border illegally This policy choice was intended to serve as a measure to prevent future border crossings by imposing harsh consequences for those seeking to enter unlawfully.
36 Trump Stops Separating Immigrant Families After Claiming He Couldn’t, Daily Beast (June 20, 2018) (online at www.thedailybeast.com/trump-stops-separating-immigrant-families-after-claiming-he-couldnt)
Court-Ordered Reunifications (June to July 2018)
On June 26, 2018, a federal court issued a preliminary injunction to halt family separations, allowing exceptions only when necessary for child safety, and ordered the reunification of all children separated from their families who were still in government custody at that time The court mandated that the Administration must reunify all children under the age of five within two weeks and give an additional month to reunify older children with their parents, emphasizing the urgent need for family reunification efforts.
The Administration has identified 2,816 children covered by the court’s preliminary injunction, including more than 100 children under five and over 2,500 children between 5 to
The court mandated the reunification of children under five by July 11, 2018, and children aged 5 to 17 by July 26, 2018 Despite these deadlines, 711 children remained separated, including many whose parents had been deported prior to the court’s preliminary injunction.
As of July 11, 2019—more than a year after the court’s reunification order—30 of these separated children remain in ORR custody 41
Child Separations After Zero Tolerance (June 2018 to Present)
FINDINGS
Set forth below are preliminary findings based on a review of the records described above in Section I, including data on 2,648 children separated as of June 26, 2018, and included in the
Ms L lawsuit and additional ORR and CBP data on subsets of that group of children 48
Appendix B provides additional detail about this data.
The Trump Administration’s Child Separations Were More Harmful, Traumatic, and
Infants and Toddlers Taken Away From Parents Held for Months
A recent report to the Committee reveals that at least 18 infants and toddlers under two years old were separated from their parents, including nine under the age of one The accompanying chart details each child's age, gender, and country of origin, offering crucial insights into these separations This data, sourced from the Ms L class, specifically covers infants and toddlers separated as of June 2018, and has not been publicly disclosed before.
Separated Infants and Toddlers (from Ms L Class)
Romania Boy 4 months old Honduras Girl 13 months old Guatemala Boy 5 months old Honduras Girl 14 months old Honduras Boy 8 months old Guatemala Boy 14 months old
Mexico Boy 8 months old Honduras Boy 15 months old
Mexico Boy 8 months old Honduras Boy 17 months old
This article provides information about young children from various countries, including Honduras, Mexico, Romania, and Hungary It highlights the ages of children in months, such as a 9-month-old girl and a 17-month-old girl from Honduras, a 10-month-old boy from Mexico, an 18-month-old girl from Honduras, a 10-month-old boy from Romania, and a 23-month-old boy from Hungary The data emphasizes the developmental stages of children across different nations, showcasing a diverse range of ages and backgrounds.
The limited ORR records include data for seven infants and toddlers, highlighting that these children remained in government custody—and separated from their parents—for durations ranging from 20 days to six months This information underscores the extended periods of separation experienced by young children in custody, emphasizing the need for ongoing attention to their well-being and legal status.
This data encompasses all separated children classified under Ms L, excluding 149 children who were added in December 2018 The Administration has not yet provided data regarding these additional children. -**Sponsor**Struggling to rewrite your article while keeping its core meaning and SEO in mind? It can be tough! With [Article Generation](https://pollinations.ai/redirect-nexad/wfmSypX2?user_id=983577), you can instantly get 2,000-word SEO-optimized articles, ensuring your content is both meaningful and discoverable Imagine saving over $2,500 a month compared to hiring a writer! Let Article Generation be your content team without the hassle, making rewriting a breeze 😅
Records indicate that the youngest child separated from his parents was a four-month-old baby boy from Romania, who was separated from his 35-year-old father upon arrival in February 2018 The father was deported in early June, highlighting the issues surrounding family separations during immigration enforcement.
2018 from an ICE detention facility in south Texas
A baby from Honduras, just eight months old, arrived at the Texas border with his father in May 2018 He was separated from his father and held in an ORR facility in Arizona for nearly six months before being released for departure from the U.S in November Meanwhile, his father was transferred multiple times between ICE detention facilities near the border and in Texas before being deported in July During this period, the child spent almost half of his young life without his parents while in government custody, raising concerns about family reunification and treatment of migrant children under the Trump administration.
This 19-month-old toddler from Honduras arrived at the Texas border with his father in April 2018 He was separated from his father and placed in foster care in New York, where he stayed for five and a half months before being released to a sponsor in October 2018 Meanwhile, his father was detained in ICE facilities across Texas, New Jersey, and New York before being released in October It remains unclear whether the child and father have been reunited since then.
Agency records provided to the Committee sometimes lack sufficient detail to identify whether a child was released to a parent, relative, or non-relative sponsor References to “ORR custody” or “ORR facility” indicate that a child was housed in an ORR-run facility or foster care operated by an ORR grantee.
CBP Detained Separated Children Beyond Legal Limit
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Time Between Border Arrest and ORR Admission (for Subset of 862 Children in Ms L Class)
ORR Detained Separated Children Longer Than Previously Known
Records indicate that children of all ages experienced prolonged stays in ORR custody, with separated children remaining in care for an average of approximately 90 days In comparison, unaccompanied children overall spent an average of 60 days in ORR custody during the fiscal year.
2018 50 Some children, however, were held for far longer—some for more than a year and a half
Over half of the children in ORR custody were held between 46 and 75 days, while more than 50 children experienced longer detention periods of six months to a year Additionally, 21 children were detained for between one year and a year and a half, and five children remained in custody for over a year and a half For children still in custody, Committee staff determined detention durations based on ORR records' production dates.
The chart below shows a breakdown of time spent in custody, with the red line marking the FY18 average time of 60 days for all unaccompanied children in ORR custody
50 Office of Refugee Resettlement, Facts and Data (accessed June 27, 2019) (online at www.acf.hhs.gov/orr/about/ucs/facts-and-data).
ICE Detained Separated Children for Months After Reunifications
Despite being reunited with their parents, hundreds of children remained detained for weeks or months at ICE family detention centers in Dilley and Karnes, Texas Of the 2,648 separated children documented, approximately 385 were reunified with their families within ICE detention facilities The majority of these children were held for longer than the 20-day limit established by the Flores settlement, highlighting ongoing concerns about detention practices and legal compliance.
The average length of time that these families spent in ICE detention was approximately
58 days Many families remained in detention for several months, with approximately 75 families in detention for 3-4 months and approximately 30 families in detention for 4-5 months
Approximately 80% of the families reunited in ICE detention, totaling around 300 families, were ultimately released instead of being deported This raises important questions about the purpose and effectiveness of their initial detention and whether it was appropriate to detain them in the first place.
The chart below shows the amount of time each family spent in ICE detention The red line marks the 20-day limit for family detention under the Flores settlement
51 Of these children, 62 were held for 20 days or less, the limit under the terms of the Flores settlement
The Flores v Sessions case (No 2:85-CV-04544, 2017 WL 6060252, C.D Cal June 27, 2017) highlights "substantial noncompliance" with the Flores settlement, notably due to many detainees remaining in detention for over 20 days This case underscores ongoing concerns about adherence to detention standards established by the settlement Additionally, the Congressional Research Service provides detailed analysis of the Flores Settlement, emphasizing its critical role in shaping detention policies for minor children in immigration enforcement.
Alien Families Apprehended at the U.S Border: Frequently Asked Questions (Sept 17, 2018) (online at fas.org/sgp/crs/homesec/R45297.pdf)
Time in ORR Custody (For Subset of 1,063 Children in Ms L Class)
Administration Repeatedly Moved Separated Children
Many separated children experienced multiple relocations during custody, compounding their trauma Records indicate that over 400 children were transferred among various CBP facilities, sometimes with their parents and sometimes after separation Once in ORR custody, more than 80 children were moved between different ORR facilities, with some children transferred multiple times—nine children experienced two transfers, four children three transfers, and one child four transfers These repeated moves highlight the unstable and stressful conditions faced by separated children in detention.
A 16-year-old child from Honduras experienced a prolonged and complex journey through five different ORR facilities over more than eight months He was separated from his father at the border near Phoenix, Arizona, in June 2018, and subsequently placed in multiple facilities near the Texas border, staying for weeks or months at each location In November 2018, he was transferred to a Virginia facility for over two months before moving to California in February 2019, and was finally released to a sponsor in March 2019 Meanwhile, his father was detained in various ICE facilities in Arizona before being deported in July 2018, highlighting the separation and detention challenges faced by migrant families.
At least five children were transferred to various ICE family detention facilities, including Port Isabel, a facility that is not designated as a family detention center and was not designed to house children The Biden Administration initiated efforts to reunite separated families starting in June 2018, highlighting ongoing concerns about the placement and treatment of migrant children within detention systems.
21-30 days 31-60 days 61-90 days 91-120 days 121-154 days
Time in ICE Detention After Reunification
(Limit under Flores) claimed that “no children will be housed at the facility” and would not be housed “even for short periods.” 52 For example:
• Child 5: This child was nine years old when he arrived from Honduras in June
In 2018, a child was detained with his father, as documented by ICE records The child was initially held at Karnes Family Detention Center for two days before being transferred to Port Isabel, where he remained for nearly three weeks Ultimately, the child was reunited with his father in mid-August after his removal.
On July 15, 2018, 37 children were transported by van from ORR facilities to Port Isabel, where they were reunited with their families These children patiently waited at Port Isabel, highlighting the ongoing efforts to connect minors with their loved ones.
39 hours in these vans in the parking lot because the facility was not equipped to house them, and DHS failed to process them promptly for reunification 53
Administration Detained Separated Children in Notorious “Tent City”
Records indicate that at least ten children were held at Tornillo, the controversial emergency influx shelter near El Paso, which has now closed The Office of Refugee Resettlement (ORR) transferred these children to Tornillo in June, highlighting concerns about detention practices at the facility.
In 2018, shortly after the facility's opening, five children were released to a parent or sponsor in July, while the remaining five were transferred to other ORR facilities in July or August.
Tornillo gained notoriety as a “tent city” established to manage the surge of children in ORR custody resulting from the child separation policy A November 2018 HHS Inspector General audit revealed significant vulnerabilities at the facility, including failure to perform required background checks and an inadequate number of staff clinicians to provide sufficient mental health care for unaccompanied alien children (UAC) The report warned that these issues compromised the safety and well-being of the children housed at Tornillo.
“warrant ORR’s immediate attention because they could significantly compromise the safety and well-being of UAC.” 54
In January 2019, Kevin Dinnin, President and CEO of BCFS, refused to continue operating the Tornillo facility due to the Trump Administration's pressure to expand capacity amidst increasing delays in releasing children to sponsors He emphasized that "the children want to get to their families," highlighting concerns over prolonged detention and the need for efficient family reunification.
52 Port Isabel Detention Center, Where Immigrants Will Be Sent Before Reuniting with Children, Has Long
History of Problems, Texas Tribune (June 27, 2018) (online at www.texastribune.org/2018/06/27/port-isabel- detention-center-long-history-problems-immigrants-reunific/)
53 Botched Family Reunifications Left Migrant Children Waiting in Vans Overnight, NBC News (June 3,
2019) (online at www.nbcnews.com/politics/immigration/botched-family-reunifications-left-migrant-children- waiting-vans-overnight-n1013336)
In his memorandum, Inspector General Daniel R Levinson raises concerns regarding the Tornillo Influx Care Facility, specifically focusing on staff background checks and the adequacy of hiring procedures He emphasizes the importance of thorough background screening to ensure the safety and security of children in federal care The report highlights issues related to potential gaps in staff vetting processes and questions the facility’s compliance with established background check protocols Levinson's analysis calls for increased oversight and stricter enforcement of hiring standards to prevent any vulnerabilities within the influx care system This memorandum underscores the need for rigorous background investigations to maintain the integrity of child welfare facilities and safeguard vulnerable populations.
Clinicians on Staff (Nov 27, 2018) (online at https://oig.hhs.gov/oas/reports/region12/121920000.pdf)
Under any circumstance, I don’t think it’s right that a child be held in care longer than necessary to ensure their safe placement.” 55
Administration Has Not Been Candid About Its Purpose in Separating Children
The Committee's records reveal that the Trump Administration unnecessarily separated children, even based on their own rationale, and failed to track separated families These actions resulted in long delays in reunification efforts, with some families still separated today.
The Trump Administration stated that child separations under the zero-tolerance policy were necessary to criminally prosecute parents, asserting that these separations are comparable to standard procedures in criminal cases For instance, in June, the administration emphasized that such separations are an integral part of enforcing immigration laws and are similar to actions taken in other criminal prosecutions.
Crossing the Southwest border unlawfully leads to arrest by the Department of Homeland Security and prosecution by the Department of Justice However, children are not detained with their parents; instead, federal law mandates that unaccompanied minors be placed in the custody of the Department of Health and Human Services within 72 hours.
Many child separations under the claimed rationale were unnecessary, as data shows Some parents were not transferred to U.S Marshals or federal criminal custody but moved directly from CBP custody to ICE detention Others were briefly held by U.S Marshals before being returned to CBP custody within a day or two, only to be reunited with their children who had already been sent to ORR custody In some cases, these parents were subsequently detained by ICE and deported without their children, highlighting inefficiencies and questionable necessity in the separation process.
Some parents were in federal criminal custody for only a short time or not at all, as prosecutors declined to prosecute or only filed misdemeanor charges for illegal entry, resulting in time served upon immediate guilty pleas Despite this, their children were still forcibly removed and kept separated from them for weeks or months.
55 Head of Controversial Tent City Says the Trump Administration Pressured Him to Detain More Young
Migrants, VICE News (Jan 11, 2019) (online at news.vice.com/en_us/article/kzvmg3/head-of-controversial-tent- city-says-the-trump-administration-pressured-him-to-detain-more-young-migrants)
56 Sessions: Parents, Children Entering U.S Illegally Will be Separated, NBC News (May 7, 2018) (online at www.nbcnews.com/politics/justice-department/sessions-parents-children-entering-us-illegally-will-be-separated- n872081)
57 Department of Justice, Attorney General Sessions Addresses Recent Criticisms of Zero Tolerance by
Church Leaders (June 14, 2018) (www.justice.gov/opa/speech/attorney-general-sessions-addresses-recent- criticisms-zero-tolerance-church-leaders)
A 15-year-old boy from Guatemala arrived at the Arizona border with his father in May 2018 and was taken to an ORR facility in Phoenix on May 16 Meanwhile, his father was hospitalized on the same day, highlighting the challenging circumstances faced by migrant families at the U.S.-Mexico border.
On May 17, the father was briefly held by U.S Marshals before being returned to CBP custody at the same facility, while his son had already been transferred to ORR custody A week later, the father was moved to multiple ICE detention facilities in Arizona, and he was ultimately deported on July 3 without his son Meanwhile, the boy stayed in ORR custody for three months before being released to a sponsor in August.
A 13-year-old boy from Guatemala arrived at the Arizona border with his father on June 11, 2018, and they were taken to a Border Patrol facility While the father was briefly held by U.S Marshals and then returned to Border Patrol, the child was transferred to the Office of Refugee Resettlement (ORR) custody on the same day By June 15, he was admitted to the ORR Homestead facility in Florida, operated by a for-profit contractor The father was held in three different ICE detention facilities before being reunited with his son more than a month after their separation, highlighting the complexities and delays in immigrant family reunifications.
A Guatemalan girl, aged 12, arrived at the Arizona border with her father in May 2018 The next day, she was transferred from the Border Patrol to an ORR facility in Corpus Christi, Texas, while her father was sent into U.S Marshals custody He was later transferred to multiple ICE detention centers across Arizona, Georgia, and Texas, remaining separated from his daughter until July, two months after their initial detention. -**Sponsor**Need help making your article SEO-friendly and coherent? As a content creator, I know the struggle! Instead of rewriting it all yourself, check out [Article Generation](https://pollinations.ai/redirect-nexad/GVLznZCG?user_id=983577) It can instantly generate 2,000-word, SEO-optimized articles, saving you tons of time and money compared to hiring a writer It's like having a content team, minus the headache! You can focus on other important tasks while ensuring your content is top-notch and engaging.
In September 2018, a DHS Office of Inspector General report revealed that CBP officials occasionally refrained from re-custody of parents after court appearances, despite their children remaining in CBP custody, to avoid the additional paperwork involved.
In McAllen, Texas, many adults prosecuted under the Zero Tolerance Policy received time served and were swiftly returned to CBP custody CBP officers at the Central Processing Center indicated that if the individuals' children remained at the facility upon their return from court, the agency would cancel the transfer to HHS and facilitate family reunification However, officials later transitioned to transferring adults directly from court to ICE custody, bypassing the possibility of family reunification A senior official explained that this change was made to avoid the additional paperwork involved in readmitting the adults, complicating efforts to reunite families.
58 Department of Homeland Security, Office of Inspector General, Special Review—Initial Observations
Regarding Family Separation Issues Under the Zero Tolerance Policy (Sept 27, 2018) (online at www.oig.dhs.gov/sites/default/files/assets/2018-10/OIG-18-84-Sep18.pdf).
Children Separated Years Ago Are Still Not Reunited, Despite Court Order
CONCLUSION
The Committee’s investigation into the Trump Administration’s child separations has uncovered additional harm inflicted on children, challenging the Administration’s previous justification for the policy Despite DHS, HHS, and DOJ’s failure to provide a complete record, evidence shows that the separation was not legally mandated but was due to deliberate policy decisions This ongoing trauma confirms the devastating impact of family separations, highlighting the profound human cost of these government actions.
61 Settlement Reached in Family Separation Cases: More than 1,000 Rejected Asylum Seekers to Get
A recent Washington Post article from September 13, 2018, discusses a significant development in family separation cases, where over 1,000 rejected asylum seekers may be granted a second chance if the court approves a settlement The legal agreement aims to provide these parents an opportunity for reconsideration, offering hope for reuniting families affected by immigration policies This case highlights the potential for judicial intervention to rectify previous immigration decisions, emphasizing the importance of due process and fair treatment in the asylum process.
Separated from their Children and Deported Last Year Cross U.S Border to Request Asylum, Washington Post
(Mar 2, 2019) (online at www.washingtonpost.com/world/the_americas/29-parents-separated-from-their-children- and-deported-last-year-arrive-at-us-border-to-request-asylum/2019/03/02/38eaba7a-2e48-11e9-8781-
APPENDIX A Timeline of Trump Administration Child Separations
Below is a timeline of key events relating to the planning and implementation of mass separations of children from their parents at the southern border under President Trump
March 6, 2017: Secretary of Homeland Security John F Kelly stated in a televised interview that the Trump Administration may separate children from parents at the border as a deterrent measure 62
On April 11, 2017, Attorney General Jeff Sessions announced new priorities for federal immigration enforcement, issuing a policy memorandum titled “Renewed Commitment to Criminal Immigration Enforcement.” This directive emphasized prioritizing felony prosecutions for unauthorized entry and reentry, laying the groundwork for the later implementation of the “zero-tolerance” policy, which led to mass child separations and widespread family detention.
Between July and November 2017, the Administration implemented a pilot program in the El Paso border sector aimed at separating children from their parents upon arrival, in collaboration with federal prosecutors to significantly increase referrals of adults for unauthorized entry or re-entry A 2018 GAO report confirmed the existence of this initiative, noting that approximately 1,800 family individuals were processed, with 281 families separated under this program, highlighting its scope and impact.
December 2017: In a memorandum entitled, “Policy Options to Respond to Border Surge of
The Department of Justice (DOJ) and Department of Homeland Security (DHS) officials have discussed plans to increase prosecutions of parents who arrive with children and to separate these families upon arrival, as revealed in a leaked draft memo The memo claims that escalating prosecutions would generate media attention and serve as a significant deterrent to illegal immigration Currently, Customs and Border Protection (CBP) is implementing this policy on a limited basis in the El Paso sector, indicating steps toward stricter enforcement of immigration laws at the border.
DHS is contemplating the separation of undocumented children from their parents at the border, raising significant concerns about immigration policies According to CNN, this measure was under serious consideration as of March 7, 2017, reflecting the administration's approach to border security The potential policy shift has sparked widespread debate regarding its humanitarian impact and legal implications on immigrant families.
63 Department of Justice, Attorney General Jeff Sessions Announces the Department of Justice’s Renewed
Commitment to Criminal Immigration Enforcement (Apr 11, 2017) (online at www.justice.gov/opa/pr/attorney- general-jeff-sessions-announces-department-justice-s-renewed-commitment-criminal)
64 Trump Admin Ran ‘Pilot Program’ for Separating Migrant Families in 2017, NBC News (June 29,
2018) (online at www.nbcnews.com/storyline/immigration-border-crisis/trump-admin-ran-pilot-program-separating- migrant-families-2017-n887616)
65 Government Accountability Office, Unaccompanied Children: Agency Efforts to Reunify Children
Separated from Parents at the Border (Oct 24, 2018) (online at www.gao.gov/assets/700/694918.pdf)
In late 2017 or early 2018, the top immigration advisor to the Attorney General, Gene Hamilton, recalled receiving a memo from the Department of Homeland Security (DHS) that revealed discussions within the Trump administration about targeting migrant families The memo indicated plans to accelerate the deportation process for children and potentially increase enforcement actions against migrant families, raising concerns about the administration's approach to immigration enforcement and family separation policies.
Feb 26, 2018: The American Civil Liberties Union filed a lawsuit against the
Administration Ms L v ICE involved a mother from the Democratic Republic of Congo who was separated from her seven-year-old daughter at a port of entry, highlighting issues of family separation at immigration points This case later evolved into a class action lawsuit advocating for the rights of all children affected by familial separation policies.
On April 6, 2018, Attorney General Sessions announced the Trump Administration’s “zero-tolerance policy,” which instructed federal prosecutors at the southern border to prosecute all referrals of illegal entry under 8 U.S.C § 1325(a), emphasizing the enforcement of unauthorized entry laws This policy aimed to deter illegal immigration by ensuring that all suspected unauthorized border crossings are prosecuted to the fullest extent practicable.
On April 22, 2018, CBP Commissioner Kevin McAleenan, ICE Acting Director Thomas Homan, and USCIS Director L Francis Cissna submitted a memorandum to Secretary of Homeland Security Kirstjen Nielsen, requesting her decision to increase immigration violation prosecution referrals, signaling a strategic shift in immigration enforcement policies.
In late April and early May 2018, Secretary Nielsen approved a policy recommendation mandating the prosecution of all adults who make unauthorized border crossings, regardless of whether they arrive with a child This shift aimed to enforce stricter immigration enforcement and deter illegal entries at the border.
On May 7, 2018, Attorney General Sessions announced a new Department of Homeland Security (DHS) policy to refer all cases of unauthorized entry to the Department of Justice (DOJ) for prosecution He acknowledged that this policy would result in the separation of children from their parents, highlighting the significant impact of these immigration enforcement measures.
(Jan 17, 2019) (online at www.nbcnews.com/politics/immigration/trump-admin-weighed-targeting-migrant- families-speeding-deportation-children-n958811)
67 Committee on Oversight and Reform, Transcribed Interview with Gene Hamilton (May 30, 2019)
68 ACLU Sues ICE for Allegedly Separating ‘Hundreds’ of Migrant Families, National Public Radio (Mar
9, 2018) (online at www.npr.org/sections/thetwo-way/2018/03/09/592374637/aclu-sues-ice-for-allegedly- separating-hundreds-of-migrant-families)
The U.S Department of Justice, led by the Attorney General, announced a new zero-tolerance policy for criminal illegal entry on April 6, 2018 This policy emphasizes strict enforcement against individuals illegally entering the United States, aiming to deter unlawful immigration through heightened legal consequences The zero-tolerance approach signifies a significant shift in immigration enforcement, prioritizing criminal prosecution for illegal border crossings to uphold immigration laws and enhance national security.
70 The Secretary of Homeland Security Said There Was “No Policy of Separating Families.” A Memo
Proves There Was., Buzzfeed (Sept 27, 2018) (online at www.buzzfeednews.com/article/adolfoflores/immigratiom- homeland-security-family-separation-foia-dhs); Top Homeland Security Officials Urge Criminal Prosecution of
Parents crossing the border with children often face intensified immigration enforcement, with top homeland security officials advocating for increased criminal prosecution of such cases The Washington Post reports that these measures aim to deter unauthorized family arrivals and uphold immigration laws Understanding the complexities of family migration is crucial for comprehending the current policies impacting parents and children at the border.
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“If you don’t want your child separated, then don’t bring them across the border illegally.” 71
May-June 2018: The Trump Administration separated thousands of children from their parents under the zero tolerance policy