Is America’s New Immigration Policy in Violation Of Human Rights?

From protests to civil rights complaints, there have been countless national efforts to combat Trump’s new immigration policy. The new strategy in place separates families at the border in order to discourage other migrants from seeking America for asylum. On May 7th, Attorney General Jeff Sessions put it rather simply “I have put in place a “zero tolerance” policy for illegal entry on our Southwest border.  If you cross this border unlawfully, then we will prosecute you. It’s that simple…If you are smuggling a child, then we will prosecute you and that child will be separated from you as required by law.” Yet this policy is not exactly simple in practice. There is great controversy whether it is humane and even healthy to separate a minor from their parents, especially at a very young age. There are a number of implications that come from taking a child away from their parents, trauma being one of them. Now, with hundreds of families separated and children “lost”, it is clear that America is not only facing disputes over immigration legislation but rather a battle for human rights.

The new policy that enforces the separation of families became official this past May, although this strategy has been used in practice over the past few months. Families are no longer considered a whole unit once they cross the border. Every family member is treated as an individual, subject to consequence. As adults and parents are sent to holding cells and detention centers to await their hearings and charges, the children are sent elsewhere. Usually the children, who are too young to join their parents in jail, are held in alternate detention centers, foster care, or human services facilities. “It’s like, babies being ripped out of their mothers’ arms — literally ripped out of their mothers’ arms. It’s horrifying” said Morales Rocketto, a representative from the National Domestic Workers Alliance.

Separation of migrant families at the borders has become so prevalent that many children are even considered “lost” in the system.  It is common that parents are not reunited with their children for months at a time. Many parents still have not seen their children, and with little rights to information and contact, they have no way of knowing where they are. Efren Olivares, a Texas civil rights lawyer has been working with numerous families to find their children. Referencing one of the missing children he stated “Maybe he will be in the system today or maybe tomorrow, or maybe he was entered incorrectly … or … the nightmare scenario would be he is missing.” Filing an official complaint, on behalf of the Inter-American Commission on Human Rights, Olivares and multiple migrant families accused the United States of Human Rights Violations.

This practice was implemented in order to discourage families from coming to America and crossing the border illegally. “If you don’t want your child to be separated, then don’t bring them across the border illegally,” threatened Attorney General Jeff Sessions, one of the minds behind this controversial practice. In reality, most migrants that are coming to the U.S. have very little options. They are fleeing from places of violence, terror, and poverty, looking for an escape and seeking refuge. This inhumane “zero-tolerance” policy does not only mistreat children -denying them human rights and care- but uses them as political playing pieces. While depriving these migrant children of often the little stability they still have, their mothers and fathers, this practice ignores their humanity, mental health, and rights. Actress and Producer Olga Segura, who is also a latino rights activist stated “I cannot imagine at the age of 6, or 10, or 12, or any age, the separation from my dad and my mom”. Migrant children’s needs are being compromised by our government in order to make a political statement about immigration.  These children are not being seen by our government as “children” but rather literal “deterrents” to illegal immigration. Olivares, the Texan civil rights lawyer, pointed out just how cruel and unusual this new immigration practice is “No developed democracy in the world separates children and parents just because they came into the country”.

Featured Image via Flickr/Gage Skidmore