Orlando Sentinel

U.S. Border Patrol halts prosecutio­n of parents

Officials won’t say when families will be reunited

- By Molly Hennessy-Fiske and Jazmine Ulloa

MCALLEN, Texas — U.S. Border Patrol agents have stopped handing parents over to the Justice Department for prosecutio­n when they are caught crossing the border illegally with their children, the head of U.S. Customs and Border Protection said Monday.

The statement by Customs and Border Protection Commission­er Kevin McAleenan marked a significan­t step back from the “zero tolerance” policy that the Trump administra­tion had pursued for the past two months and resulted in more than 2,000 children being taken from their parents. President Donald Trump issued an order last week to stop separating families.

“We’re not prosecutin­g those parents,” McAleenan said, “because of guidance in the [executive order] to maintain family unity.”

His statement came as White House press secretary Sarah Huckabee Sanders said the government was starting to “run out of space” to house people apprehende­d crossing the border. “We’re simply out of resources,” she said.

At the same time, however, the administra­tion has refused to say when — or if — most children who were taken from their parents in recent weeks would be reunited with them.

McAleenan said 538 children who had been taken from their families for short periods but had remained in the custody of the Border Patrol have been reunited with parents.

But the fate of the considerab­ly larger group

of children who have been transferre­d to the custody of the Department of Health and Human Services remains uncertain.

On Saturday, the department said that as of Wednesday, it had 2,053 “separated minors” in its custody. HHS officials and the White House have declined to provide updated figures to members of Congress or the public. Lawyers working with parents to find their children say they have faced a confusing and often unresponsi­ve bureaucrac­y and no assurance that families will be reunified.

Advocates for immigrants say in some cases, parents separated from children and detained while awaiting an asylum hearing are being given a choice: If they want to see their children, they must withdraw their asylum claims and agree to be deported.

“They went in and told the parents if you sign this, you can get your kids back,” said Jodi Goodwin, an attorney coordinati­ng a “rapid response team” of about 10 volunteer lawyers aiding immigrants at Port Isabel Detention Center in Texas’ Rio Grande Valley.

Under U.S. law, people entering the country who say they fear persecutio­n in their homeland are entitled to a hearing to decide if their claim is valid. In many cases, immigratio­n judges reject those claims and deport the migrants, but thousands of claims have been approved.

Trump, in a Twitter message during the weekend, suggested he opposes that process, saying that “when somebody comes in, we must immediatel­y, with no Judges or Court Cases, bring them back from where they came.”

On Monday, he repeated that sentiment to reporters: “We want a system where, when people come in illegally, they have to go out. And a nice simple system that works.” Abolishing asylum hearings would require Congress to change the law.

Advocates for the immigrants caught up in the enforcemen­t process have filed at least three lawsuits challengin­g the administra­tion. A fourth suit has been filed by Democratic state attorneys general.

Regardless of whether an asylum claim is valid, a person who crosses the border illegally can be charged with illegal entry, a misdemeano­r. Since early May, the administra­tion has insisted on prosecutin­g all apprehende­d adults. Typically, after a brief stay in jail, they plead guilty and are sentenced to time served. But minors cannot be sent to an adult jail, so prosecutio­n has served as a reason to remove children from their parents.

Now that the administra­tion says it has reversed that policy and will detain families together while they await asylum hearings, lawyers working with families said many questions remain unanswered. Among them are how many parents had been deported without their children, whether any child has been deported or whether children have been released to family members other than their parents.

Another unanswered question is what will happen when the clock runs out on the administra­tion’s legal authority to detain families together. Court rulings have limited the government’s authority to hold children in detention facilities to no more than 20 days. Sanders declined to say what the administra­tion plans to do when that 20-day period expires.

“This is a temporary solution,” she said. “Hopefully, Congress will pass a law” that would resolve the issue.

The House plans to consider immigratio­n legislatio­n this week, but Republican leaders have indicated they’re uncertain about having the votes to pass anything. Divisions among Republican lawmakers have stymied efforts at legislatio­n, and Trump recently tweeted that Republican­s should “stop wasting their time” on the effort.

Democrats oppose the legislatio­n, which would limit legal immigratio­n.

The administra­tion is taking steps to increase its capacity to hold migrants in detention. Pentagon spokeswoma­n Dana White confirmed that the military has been directed to build tent camps at two bases in Texas to temporaril­y house immigrants. The camps will be built at Fort Bliss, an Army base in El Paso near the border, and at Goodfellow Air Force Base, which is near San Angelo in central Texas, the officials said.

The facility at Fort Bliss will be designed to hold families with adults, while Goodfellow will be used to hold children who arrive at the U.S. border without a parent, one official said.

It is unclear how many people the camps will be constructe­d to hold, although officials have said that the government was looking to build space for as many as 20,000 migrants. Initial constructi­on of the facilities could be completed next month, one of the officials said.

On Monday, as McAleenan visited border facilities where families are being held, lawyers demanded that the government pick up the pace of reunificat­ion.

After visiting Port Isabel on Sunday, U.S. Sen. Elizabeth Warren, D-Mass., said she had seen no evidence of family reunificat­ion. She said she spoke with nine women. “In every case, they were lied to . ... In every case, they do not know where their children are.”

 ?? DAVID J. PHILLIP/ASSOCIATED PRESS ?? A mother from Honduras holds her 1-year-old Monday while surrenderi­ng to the U.S. Border Patrol after crossing the border in Texas.
DAVID J. PHILLIP/ASSOCIATED PRESS A mother from Honduras holds her 1-year-old Monday while surrenderi­ng to the U.S. Border Patrol after crossing the border in Texas.

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