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That question, included in a document given to immigrants who are arrested and separated from their children at the US-Mexico border, is at the heart of the Trump administration's new policy toward immigrant families.
originally posted by: SlapMonkey
...
- The Homeland Security Act of 2002 requires exactly what is happening at the moment (and that is a LAW passed by Congress, not a "policy") (see this and this post for links to laws)
- The conditions of these housing facilities are lightyears beyond the conditions where these people left, negating the claims of "inhumane treatment" that we keep seeing
I'm happy to discuss any and all of these with you if you want to argue against them, but please bring evidence and not opinion.
Obama did not seperate kids from their parents.
Ummm...yes, he did. But Obama didn't do it, the law necessitated it, and contrary to popular belief at the time, the POTUS cannot just pick and choose which laws that he will and will not enforce. (see this post for evidence that Obama did just that, and that it is because it's what the law prescribes.
I'm not hear to argue any points on this issue I simply cannot find the answers
"We are enforcing the laws passed by Congress," she said, calling on Congress to reform immigration laws.
There is no federal law mandating children and parents be separated at the border; a policy resulting in that outcome was enacted in May 2018.
originally posted by: Southern Guardian
a reply to: toysforadults
Another source. Credit to howtonhawky from another thread in finding this.
There is no federal law mandating children and parents be separated at the border; a policy resulting in that outcome was enacted in May 2018.
www.snopes.com...
There are no laws that mandate children be seperated from parents at the border.... but again there's no law forbidding it either. It's left open to the DHS and enforcement officers by the looks of it..
originally posted by: howtonhawky
www.abovetopsecret.com...
pretty good link in this op that outlines some of the confusion
Can unaccompanied children be detained?
Yes, but special laws govern the custody of children based on child welfare standards that take the “best interests” of the child into account. Unaccompanied children must be transferred by DHS to the custody of HHS within 72 hours of apprehension, under the Homeland Security Act of 2002 and TVPRA of 2008. HHS’s Office of Refugee Resettlement (ORR) then manages custody and care of the children until they can be released to family members or other individuals or organizations while their court proceedings go forward.
Under the TVPRA of 2008, HHS is required to “promptly place” each child in its custody “in the least restrictive setting that is in the best interests of the child.” As such, children in ORR care are generally housed through a network of state-licensed, ORR-funded care providers, who are tasked with providing educational, health, and case management services to the children.
Under international law, children “should in principle not be detained at all,” according to UNHCR. Detention, if used, should only be a “measure of last resort” for the “shortest appropriate period of time,” with an overall “ethic of care.” Detention has “well-documented” negative effects on children’s mental and physical development, including severe harm such as anxiety, depression, or long-term cognitive damage, especially when it is indefinite in nature.
Children who arrive with a parent may be detained by DHS in family detention centers, described below.
Can unaccompanied children be released from custody?
Yes. ORR seeks to reunify children with family members or release them to other individual or organizational sponsors whenever possible, on the grounds that children’s best interests are served by living in a family setting. ORR also is required to ensure that individuals taking custody of the children are able to provide for their well-being. Federal regulations, following a court settlement in the case Flores v. Reno, outline the following preferences for sponsors: (1) a parent; (2) a legal guardian; (3) an adult relative; (4) an adult individual or entity designated by the child’s parent or legal guardian; (5) a licensed program willing to accept legal custody; or (6) an adult or entity approved by ORR. The sponsor must agree to ensure that the child attends immigration court.
As of May 2014, ORR reported that the average length of stay in its facilities was approximately 35 days and that about 85 percent of the children served are released while their deportation proceedings are in progress.
originally posted by: Southern Guardian
a reply to: toysforadults
Another source. Credit to howtonhawky from another thread in finding this.
There is no federal law mandating children and parents be separated at the border; a policy resulting in that outcome was enacted in May 2018.
www.snopes.com...
There are no laws that mandate children be seperated from parents at the border.... but again there's no law forbidding it either. It's left open to the DHS and enforcement officers by the looks of it..