Beyond ‘zero tolerance,’ an abundance of questions
President Donald Trump signed an executive order Wednesday designed to keep the families of undocumented immigrants together while Republican congressional leaders try to come up with an immigration plan to douse a political firestorm surrounding the contentious “zero tolerance” policy. ❚ Trump said the order should ease the controversy until Congress can act. A compromise bill crafted by House Speaker Paul Ryan, R-Wis., has a chance of passing this week and could bring a halt to the separations of children from their parents at the border. ❚ Trump said zero tolerance will continue. It was not immediately clear how that policy would work while keeping families together and obeying court rulings that require the release of children. Here’s a closer look:
Question: What is the “zero tolerance” policy?
Answer: In April, Attorney General Jeff Sessions announced a “zero-tolerance policy” requiring arrest of all immigrants who tried to enter the country along the Mexican border without going through legal border crossings. Before that, adults who crossed the border illegally by themselves often faced arrest, but those who brought a child with them would not be prosecuted. Sessions says the practice of bringing children became a form of “immunity” he wanted to end. “We cannot and will not encourage people to bring children by giving them blanket immunity from our laws,” the attorney general said.
Q: Why were kids separated from their parents?
A: Adults arrested for illegally crossing the border are sent to federal court under the custody of the U.S. Marshals Service and then placed in a detention center, according to Homeland Security. Under terms of the Flores Consent Decree and subsequent court rulings, children taken into custody when their parents are arrested must be released. They have been transferred to the U.S. Department of Health and Human Services for placement in a juvenile facility or foster care if no U.S. relative can be found.
Q: What is the Flores Consent Decree?
A: Federal law does not require family separation at the border. The Flores Consent Decree has become a factor in the debate. In 1985, two organizations filed a class-action lawsuit challenging procedures for detention, treatment and release of children of undocumented immigrants. The settlement and subsequent court actions require the release of children without unnecessary delay. If the parent is considered a threat to the child or faces criminal proceedings – required under zero tolerance – the government must release the child to relatives or into the “least restrictive” accommodations possible within 20 days. In most cases, relatives are not available in the USA, so children are placed in temporary shelters operated by Health and Human Services.
Q: Is crossing the border a felony or misdemeanor?
A: Most adult immigrants accused of illegally crossing into the USA are charged with illegal entry, a federal misdemeanor that can result in fines and up to six months in prison.
Q: What’s a “tender age” shelter?
A: Trump administration officials have sent babies and other children separated from their parents at the U.S.-Mexican border to at least three “tender age” shelters in South Texas. Steven Wagner, an official with Health and Human Services, told the Associated Press the “specialized facilities” are devoted to providing care to children with special needs and “tender age” children under 13. He said the facilities provide well-trained clinicians and meet state licensing standards for child welfare agencies.
Q: Where can people donate?
A: RAICES is the largest immigration legal services nonprofit group in Texas focusing on immigrant children, families and refugees. The group accepts donations for its family reunification and bond fund. Silicon Valley couple Charlotte and Dave Willner’s Facebook fundraiser for RAICES raised more than $10 million from more than 220,000 people. The Texas Civil Rights Project collects donations for its legal fight on behalf of five families.