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family detention
'Concentration Camps': Border Czar Says Trump to Detain Migrant Families
"Decent people all over the world will hate this country... and they should," said one critic.
Dec 26, 2024
Adding to alarm over U.S. President-elect Donald Trump's immigration plans, his "border czar" toldThe Washington Post in an interview published Thursday that the administration plans to return to detaining migrant families with children.
Tom Homan, who served as acting director of U.S. Immigration and Customs Enforcement during Trump's first term, said that ICE "will look to hold parents with children in 'soft-sided' tent structures similar to those used by U.S. border officials to handle immigration surges," the Post summarized. "The government will not hesitate to deport parents who are in the country illegally, even if they have young U.S.-born children, he added, leaving it to those families to decide whether to exit together or be split up."
Since Trump beat Democratic Vice President Kamala Harris last month, migrant rights advocates have reiterated concerns about the Republican's first-term policies—such as forced separation of families—and his 2024 campaign pledges, from mass deportations to attempting to end birthright citizenship, despite the guarantees of the 14th Amendment to the U.S. Constitution.
Homan—who oversaw the so-called "zero tolerance" policy that separated thousands of migrant kids from their parents—said: "Here's the issue... You knew you were in the country illegally and chose to have a child. So you put your family in that position."
Incoming "border czar" Tom Homan on shipping U.S.-born children out of the country with their undocumented parents: “You knew you were in the country illegally and chose to have a child.” "Chose"? That's an odd word choice. The right wants to force women to give birth, not give them a choice.
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— Mark Jacob ( @markjacob.bsky.social) December 26, 2024 at 9:30 AM
Harris and President Joe Biden have come under fire for various immigration policies, but their administration did stop family detention—and when it was reported last year that the White House was weighing a revival of the practice, 383 groups urged the president to keep the pledge he made when he took office "to pursue just, compassionate, and humane immigration policies."
Under Biden, the government ended mass worksite immigration raids and—eventually—the "Remain in Mexico" policy that stopped asylum-seekers from entering the United States. Homan told the Post that the next Trump administration should bring them back.
Less than a month before Trump's inauguration, Biden is now facing pressure to "use the power of the pen to protect those seeking sanctuary from the coming deportation machine that will crush the human rights of our immigrant neighbors and those who have dreams of finding refuge here," as Amnesty International USA executive director Paul O'Brien put it earlier this month.
The Post reported that "of all the border hard-liners in the incoming administration, Homan is perhaps the most cognizant of the limits of the government's ability to deliver on promises of mass deportation—and the potential for a political backlash."
Those hard-liners include dog-killing Republican South Dakota Gov. Kristi Noem, Trump's pick to lead the Department of Homeland Security; family separation architect Stephen Miller, the president-elect's homeland security adviser and deputy chief of staff for policy; and Caleb Vitello, the next acting ICE director whom Miller previously
tried to install at the Office of Refugee Resettlement.
"We're going to need to construct family facilities," Homan told the newspaper. However, he also said: "We need to show the American people we can do this and not be inhumane about it... We can't lose the faith of the American people."
Critics of the next administration have suggested that—although Trump won the Electoral College and the popular vote last month—pursuing the GOP immigration policies, including "concentration camps" for migrant families, will anger the public.
Maximum cruelty is the goal https://www.washingtonpost.com/immigration/2024/12/26/immigration-border-tom-homan-trump/
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— Ric Steinberger (@ricst.bsky.social) December 26, 2024 at 9:29 AM
"Decent people all over the world will hate this country... and they should," media columnist and Brooklyn College professor Eric Alterman said on social media in response to the Post's reporting.
Author and New York University adjunct associate professor Helio Fred Garcia said: "Trump's next border czar previews performative cruelty. In the first term it included kidnapping of children from their parents and returning the parents to their home countries, with no record of which kids came from which parents. A crime against humanity."
Lee Gelernt, an ACLU attorney who has argued many major immigration cases, told the Post that "the incoming administration has refused to acknowledge the horrific damage it did to families and little children the first time around and seems determined to once again target families for gratuitous suffering."
"The public may have voted in the abstract for mass deportations," he added, referring to the November election, "but I don't think they voted for more family separation or unnecessary cruelty to children."
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Nearly 400 Rights Groups Demand Biden Permanently End Family Detention
"No version of family detention, whether referred to as a detention facility, short-term processing center, emergency family staging center, or by any other name, is acceptable," the groups said.
Mar 15, 2023
Nearly 400 immigration justice and other advocacy groups on Wednesday added their voices to the call for President Joe Biden to reject family detention, amid reports that the White House is considering a revival of the practice that was used by the Trump and Obama administrations—despite the fact that it subjected thousands of families to numerous abuses and trauma.
The ACLU, Bend the Arc, and the National Immigration Law Center were among 383 groups that sent a letter to Biden Wednesday morning, calling on the president to keep the pledge he made when he took office in 2021 "to end family detention and to pursue just, compassionate, and humane immigration policies."
Despite that promise, as Common Dreams reported last week, multiple media outlets have reported that the administration is considering once against detaining families in facilities that have been used under the Biden administration to detain single adults.
The groups warned that even short-term detention for families with children is "unacceptable."
"Reinstating a policy of detaining families in Immigration and Customs Enforcement (ICE) or Customs and Border Protection (CBP) custody, even for short periods of time, would be a horrifying reversal of your past policies and commitments," reads the letter. "No version of family detention, whether referred to as a detention facility, short-term processing center, emergency family staging center, or by any other name, is acceptable."
"Due process and access to counsel concerns will be magnified if the administration's recently promulgated asylum ban rule goes into effect, heightening the evidentiary standard for families to access the ability to seek protection."
The American Academy of Pediatrics (AAP) and the Department of Homeland Security's own medical experts have found that detention for any length of time, with or without parents or guardians, is harmful to children. The latter group, who served as whistleblowers when the Trump administration detained thousands of families and children, released a report in 2019 that detailed medical neglect which resulted in four deaths.
A 2017 report by AAP found that family detention centers provided "delayed medical care, inadequate education services, and limited mental health services," and that children who have been detained, even for short periods of time, "may experience developmental delay and poor psychological adjustment, potentially affecting functioning in school."
In 2016, the United Nations human rights office warned that the detention of children "can be devastating for a child and is not a legitimate response under international human rights law."
The letter sent Wednesday also noted that family detention robs families of due process, with "limited access to counsel at these facilities, making it nearly impossible to pursue protection claims under U.S. immigration law."
"These due process and access to counsel concerns will be magnified if the administration's recently promulgated asylum ban rule goes into effect, heightening the evidentiary standard for families to access the ability to seek protection," said the groups, referring to a proposed rule that would render certain undocumented immigrants ineligible for asylum.
"We urge you to reverse course on the proposed asylum ban rule, and are horrified that the punitive policy could be coupled with family detention," they continued. "This will essentially mean that these facilities will become deportation factories as families scramble to defend their asylum eligibility while trying to protect their children from the agony of detention."
The letter was sent as officials within the Biden administration are reportedly expressing concerns about the return of family detention. According to Greg Sargent at The Washington Post, ICE officials have "consistently" told the White House that "they don't want to get into the business of detaining children or families" again due to concerns about "safety, cost, and harm."
"We've seen family detentions before," a source from the agency told Sargent, "and it's been not pretty."
Biden appears motivated to introduce a crackdown on immigration to avoid criticism from the Republican Party, but as Sargent noted, "Republicans will attack him for creating no new consequences for border crossings even as we are seeing an escalation in them."
"But such attacks should be harder to mount if even ICE officials aren't on board with family detentions," he added. "And there's no reason for the administration to let fear of GOP attacks dictate anything. Instead, Biden should hew to the values that led him to criticize the practice in the first place and forcefully defend that decision."
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'Absolutely Shameful': Biden Reportedly Weighing Revival of Migrant Family Detentions
"I've got one word for them: unacceptable," responded one immigration attorney.
Mar 07, 2023
Multiple news outlets reported late Monday that the Biden administration is considering restarting migrant family detentions that were used extensively by previous administrations in an attempt to crack down on border crossings.
While "no final decision has been made," according toThe New York Times, "the move would be a stark reversal for President Biden, who came into office promising to adopt a more compassionate approach to the border after the harsh policies of his predecessor, former President Donald J. Trump."
Immigrant rights advocates were quick to warn Biden against following through with any plan to revive migrant family detentions, which the administration had largely shut down.
"I've got one word for them: unacceptable," wrote Aaron Reichlin-Melnick, policy director at the American Immigration Council.
"The thing about family detention is not only that it's cruel and inhumane," Reichlin-Melnick added, "but also that it was a money pit and absolutely useless as a 'deterrent.'"
Bob Libal, an immigration justice advocate and consultant with Human Rights Watch, said it is "absolutely shameful that this is even being considered again."
Both the Obama and Trump administrations made expansive use of family detention, with the latter attempting to rescind limits on how long children can be held in migrant detention facilities—an effort that was ultimately blocked in federal court.
On the campaign trail, Biden condemned the practice of family detention—as well as the separation of migrant families—as morally bankrupt, writing in a Twitter post: "Children should be released from ICE detention with their parents immediately. This is pretty simple, and I can't believe I have to say it: Families belong together."
But with the 2024 election looming, the Biden administration has moved to reinstate immigration policies that it previously denounced as cruel—including a Trump-era asylum ban—as it prepares for the May expiration of Title 42, another Trump administration policy that Biden has used to rapidly deport migrants.
\u201cNO NO NO NO NO NO. \n\n\u201cThe administration will continue to prioritize safe, orderly and humane processing of migrants,\u201d Luis Miranda, a department spokesman, said in a statement.\u201d\n\nFAMILY DETENTION IS INHERENTLY INHUMANE. BABY JAILS ARE INHUMANE. https://t.co/FajlFvBGKj\u201d— Valeria Gomez (@Valeria Gomez) 1678151345
Reutersreported Monday that in addition to restarting family detentions, the Biden administration is "weighing reviving immigration arrests of migrant families within the United States who have been ordered deported."
"It's all on the table," an unnamed official told the outlet.
In the place of family detentions, the Biden administration has used ankle bracelets and other methods—decried as "digital prisons" by rights groups—to track migrant families as they move through the court system.
But as the Detention Watch Network has observed, the Biden administration did not immediately end its contracts with facilities that were previously used to hold migrant families.
"Instead, following cues from the Obama administration, it converted the contract with Berks County to detain adult women and shifted its usage of the Dilley facility to detain single adults," the organization noted.
Citing one unnamed official, CNNreported Monday that the Biden administration is "looking at multiple options for how to handle migrant families at the southern border, not all of them involving family detention."
"Another source familiar with the deliberations added that among the options discussed are some that wouldn't involve detaining families in ICE facilities," CNN added. "This source said that family detentions would be limited to a small number of days—an attempt to set the policy apart from the Trump administration's handling of family detentions."
But it's not likely that rights groups and advocates would accept such an alternative.
"I was part of a legal team that sued to get access to the first family detention center that President Obama opened (in Artesia, N.M.)," Karen Tumlin, a civil rights litigator, recounted Monday. "Talking to families and kids detained at Artesia was one of the lowest points of my legal career. I can see the cribs lining the hallway now, families and babies crammed into tiny rooms."
"A family detention policy is a policy of adding trauma to trauma," Tumlin added. "It is painful to see this as a rumored proposal from the Biden administration."
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