The government achieved family separation through a novel application of two federal laws. First, it prosecuted parents for “improper entry,” a minor federal charge. Second, it used parents’ brief transfer from CBP to the US Marshals Service while they appeared in court to treat their children as unaccompanied. CBP then applied a different law to transfer the children to the Office of Refugee Resettlement, the US Department of Health and Human Services agency responsible for unaccompanied children.
A June 2018 court order halted the government’s effort to systematically separate every family that entered the United States without authorization. But the court order allowed separations on other grounds, and the government continued to separate hundreds of children through the end of 2019.
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Behind the scenes, officials’ exchanges left no doubt that forcible family separation was the desired outcome of the policy rather than a byproduct of routine law enforcement operations. “We need to take away children,” Attorney General Jeff Sessions told federal prosecutors in May 2018. The same month, when a senior US Immigration and Customs Enforcement official learned that parents were returning from court before CBP had transferred their children, he wrote to “confirm that the expectation is that we are NOT to reunite the families”; reunification “obviously undermines the entire effort.”
Senior officials who played a leading role in developing and implementing the policy include Thomas Homan,