Over recent weeks, the Trump Administration’s zero tolerance policy towards people crossing the border illegally has been making the news, especially in regard to the separation of parents from their children when they are caught crossing the border. Parents are being arrested and their children are being placed into the custody of the Department of Health and Human Services, which then tries to place them in homes, either the homes of relatives legally living in the US, or in foster care.
The parents are then held in detention centers until their plea hearings. They then face a choice: they can plead guilty to the misdemeanor charge of illegal entry, which often results in being sentenced to “time served,” allowing them to be reunited with their children, or they can plead not guilty, which will result in them being kept in custody, away from their children, until their trial. Most of these parents are choosing to plead guilty, so that they can get back to their children sooner.
It is an open question as to whether this guilty plea will hinder the parents’ ability to obtain asylum, though the Justice Department claims it will not. A single misdemeanor isn’t normally considered a particularly serious crime, and thus grounds for refusing asylum, but that is at the judge’s discretion. And a criminal record of any kind can impede the immigration process, even apart from the asylum hearing.
So, here is the question: What is the purpose of charging these parents with illegal entry and separating them from their children? This might affect their ability to apply for asylum and be granted legal residence here in the US, but as stated before, the Justice Department is claiming that it will not. So why are we putting them through this at taxpayer expense?
First, let’s take the Justice Department at their word. Attorney General Jeff Sessions has claimed that the intense crackdown on people crossing the border without proper documentation is intended to act as a deterrent to people crossing the border. And, while he claims that the separation of families was not the goal of the policy, he clearly considers it to simply act as a further deterrent to families crossing the border.
Here is the question, though: what kind of deterrent is the possibility of prosecution in the US to people fleeing extreme poverty and gang violence?
Mexico, which is the country of birth for nearly half of all current undocumented residents of the US, had over 20,000 people displaced from their homes due to violence last year alone.
And Central American immigrants, who account for the majority of new undocumented people crossing the southern US border, are also fleeing horrific conditions.
Guatemala, which is the country of birth for more undocumented immigrants in the US than any other country except Mexico, has been hard-hit by poverty, especially in rural communities inhabited by indigenous Guatemalans. For many of these desperate poor people, the only choices are join one of the gangs extorting money from others, try to scrape together payments to the extortion gangs, driving them further into poverty, face the possibility of kidnapping if they don’t pay the extortion gangs, or flee.
After Guatemala, El Salvador is the country of birth for the next largest group of undocumented in the US. El Salvador has a homicide rate 15 times that of the US. And when the gangs there extort money, it is under threat of death for the person being extorted and their family, not kidnapping. Nearly 1 in 4 Salvadorans were the victim of a crime in 2016, According to a study by Central American University. And about 40% of Salvadorans are actively trying to leave the country.
The country of birth for the next largest group of undocumented is Honduras. Over 60% of Hondurans live in poverty, and about 20% of Hondurans live in extreme poverty, at less than $1.90 a day. And, while Honduras is not as violent as El Salvador, it still has a homicide rate of nearly 9 times that of the US.
This is where the people crossing the border are coming from. Will facing the possibility of being arrested if they are caught crossing deter them? I think not. Will the prospect of facing separation from their children stop them from trying to get their children away from the poverty and violence in their home countries? No.
Now, Sessions has said that people who think that they have a legitimate asylum claim should present themselves at ports of entry. So it could be simply that he is trying to deter people from not following proper procedure for seeking asylum. Except Customs and Border Patrol has actively been preventing prospective asylum seekers from applying for asylum at ports of entry, either by turning them away and telling them to come back later, or sometimes by even actively preventing asylum seekers from crossing into the US.
So, again we ask, why are we separating hundreds of parents from their children, prosecuting them for misdemeanor illegal entry, then sentencing to time served?
If it is to deter people from coming to this country at all, it is not going to be very effective, thus serving to be cruelty without purpose.
I think it is more likely that it is an attempt to reduce the number of asylum seekers the US takes in. If the US can get more of the people seeking asylum to do so at ports of entry, then either force them to wait a long time to be processed, or bar them entry into the US altogether, than they can better control the number of asylum seekers granted asylum. And if this process does not result in more people going to ports of entry to seek asylum, then the Justice Department could call for the misdemeanor charges to count against asylum seekers, even if they don’t result in an immediate denial of asylum.
So, the Justice Department and the current administration are cruelly tearing apart families in order to exert control over how many asylum seekers we have to take. This is unconscionable. Our country is not being overrun with asylum seekers. We are not facing a pressing need to reduce how many we take in. Yet our country is doing all of this in its attempt to work around international law pertaining to accepting asylum seekers.
It is clear that the parents are distraught about being separated from their children. But what about the children? They start by being held at border stations. The Department of Health and Human Services has such a backlog in processing their cases that over half of the 550 children currently held at border stations have been there longer than the 72 hour maximum allowed by law. After their stay at these places, they are transferred to holding facilities run by HHS. It is taking an average of 45 days to place the children with sponsors.
We don’t know the conditions in these holding facilities. Senator Jeff Merkley (D-Or) was denied entry into one of these places when he attempted to visit one. Jeff Sessions admitted that he had not visited any of these facilities. So the whole process is happening with little to no transparency.
This cruel process needs to end. Now. These people, fleeing violence and extreme poverty, are coming to the Land of the Free, only to have their families ripped apart. We are trying to bar entry to everyone we can, even those who need it most.
I am ashamed of my country.