Family Separation & Zero Tolerance Policy

April 6, 2018

The Attorney General announced a "zero tolerance" policy directing federal prosecutors to criminally prosecute all individuals apprehended crossing the border illegally. Because federal criminal detention facilities cannot house children, this policy necessarily resulted in the systematic separation of dependent children from their parents. Federal Judge Dana Boarruman later found in Ms. L v. ICE that the separation policy "shocks the conscience." Thousands of children were separated without adequate process to track or reunify them. The government conceded it could not locate hundreds of separated children, and many were subjected to traumatic conditions during separation. The policy raised severe constitutional concerns regarding due process, family integrity rights, and whether the government action constituted cruel and unusual punishment. Even supporters acknowledged the policy caused serious human rights violations without demonstrable legislative authorization.