Saturday, January 16, 2021
The Trump administration's family separation policy will long be remembered for Trump administration's immigration excesses. Elizabeth Dye on Above the Law reports the latest on the policy:
"[T]he Justice Department’s Inspector General released a scathing report on the family separation policy officially in place between April 6 and June 7, 2018. Prior to that, U.S. Attorneys had endeavored not to arrest adults crossing the border with minors, and there was no preparation for an abrupt policy shift that would necessitate taking thousands of children into government custody.
`DOJ leadership, and the [Office of Attorney General (OAG)] in particular, did not effectively coordinate with the Southwest border USAOs, the USMS, HHS, or the federal courts prior to DHS implementing the new practice of referring family unit adults for criminal prosecution as part of the zero tolerance policy. We further found that the OAG’s expectations for how the family separation process would work significantly underestimated its complexities and demonstrated a deficient understanding of the legal requirements related to the care and custody of separated children. We concluded that the Department’s single-minded focus on increasing immigration prosecutions came at the expense of careful and appropriate consideration of the impact of family unit prosecutions and child separations.'"