- Joined
- May 11, 2016
- Messages
- 16,971
- Reaction score
- 11,167
This post is circulating social media. It is by Michelle Martin, PhD., Professor at Cal State Fullerton. It is worth reading (if you care about facts):
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 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, so here, I'll 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, 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: 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 sent into 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. 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. 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 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…
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 legally 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-…
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 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, so here, I'll 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, 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: 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 sent into 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. 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. 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 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…
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 legally 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-…