On Feb. 20, a young woman named Mirian arrived at the Texas border carrying her 18-month-old son. They had fled their home in Honduras through a cloud of tear gas, she told border agents, and needed protection from the political violence there.
She had hoped she and her son would find refuge together. Instead, the agents ordered her to place her son in the back seat of a government vehicle, she said later in a sworn declaration to a federal court. They both cried as the boy was driven away.
For months, members of Congress have been demanding answers about how many families are being separated as they are processed at stations along the southwest border, in part because the Trump administration has in the past said it was considering taking children from their parents as a way to deter migrants from coming here.
Officials have repeatedly declined to provide data on how many families have been separated, but suggested that the number was relatively low.
But new data reviewed by The New York Times shows that more than 700 children have been taken from adults claiming to be their parents since October, including more than 100 children under the age of 4.
The data was prepared by the Office of Refugee Resettlement, a division of the Department of Health and Human Services that takes custody of children who have been removed from migrant parents. Senior officials at the Department of Homeland Security, which processes migrants at the border, initially denied that the numbers were so high. But after they were confirmed to The Times by three federal officials who work closely with these cases, a spokesman for the health and human services department on Friday acknowledged in a statement that there were “approximately 700.”
Homeland security officials said the agency does not separate families at the border for deterrence purposes. “As required by law, D.H.S. must protect the best interests of minor children crossing our borders, and occasionally this results in separating children from an adult they are traveling with if we cannot ascertain the parental relationship, or if we think the child is otherwise in danger,” a spokesman for the agency said in a statement.
But Trump administration officials have suggested publicly in the past that they were, indeed, considering a deterrence policy. Last year, John F. Kelly, President Trump’s chief of staff, floated the idea while he was serving as homeland security secretary.
If approved, the plan would have closed detention facilities that are designed to house families and replaced them with separate shelters for adults and children. The White House supported the move and convened a group of officials from several federal agencies to consider its merits. But the Department of Homeland Security has said the policy was never adopted.
Children removed from their families are taken to shelters run by nongovernmental organizations. There, workers seek to identify a relative or guardian in the United States who can take over the child’s care. But if no such adult is available, the children can languish in custody indefinitely. Operators of these facilities say they are often unable to locate the parents of separated children because the children arrive without proper records.
A woman was reunited with her 7-year-old daughter in Chicago in March after they had been separated for four months in immigration detention. Credit Hope Hall/Aclu
Once a child has entered the shelter system, there is no firm process to determine whether they have been separated from someone who was legitimately their parent, or for reuniting parents and children who had been mistakenly separated, said a Border Patrol official, who was not authorized to discuss the agency’s policies publicly.
“The idea of punishing parents who are trying to save their children’s lives, and punishing children for being brought to safety by their parents by separating them, is fundamentally cruel and un-American,” said Michelle Brané, director of the Migrant Rights and Justice program at the Women’s Refugee Commission, an advocacy group that conducts interviews and monitoring at immigration detention centers, including those that house children. “It really to me is just a horrific ‘Sophie’s Choice’ for a mom.”
Mirian has pinballed across Texas, held at various times in three other detention centers. She is part of a lawsuit filed by the American Civil Liberties Union on behalf of many immigrant parents seeking to prohibit family separations at the border.
Her son’s name, along with Mirian’s surname, are being withheld for their safety. But in a declaration she filed in that case, she said she was never told why her son was being taken away from her. Since February, the only word she has received about him has come from a case manager at the facility in San Antonio where he is being held. Her son asked about her and “cried all the time” in the days after he arrived at the facility, the case worker said, adding that the boy had developed an ear infection and a cough.
“I had no idea that I would be separated from my child for seeking help,” Mirian said in her sworn statement. “I am so anxious to be reunited with him.”
Protecting children at the border is complicated because there have, indeed, been instances of fraud. Tens of thousands of migrants arrive there every year, and those with children in tow are often released into the United States more quickly than adults who come alone, because of restrictions on the amount of time that minors can be held in custody. Some migrants have admitted they brought their children not only to remove them from danger in such places as Central America and Africa, but because they believed it would cause the authorities to release them from custody sooner.
Others have admitted to posing falsely with children who are not their own, and Border Patrol officials say that such instances of fraud are increasing.
As the debate carries on, pressure from the White House to enact a separation policy has continued. In conversations this month with Kirstjen Nielsen, the homeland security secretary, Mr. Trump has repeatedly expressed frustration that the agency has not been aggressive enough in policing the border, according to a person at the White House who is familiar with the discussions.
Officials presented Mr. Trump with a list of proposals, including the plan to routinely separate immigrant adults from their children. The president urged Ms. Nielsen to move forward with the policies, the person said.
But even groups that support stricter immigration policies have stopped short of endorsing a family separation policy. Jessica M. Vaughan, the director of policy studies for the Center for Immigration Studies, one such group, said that family separation should only be used as a “last resort.”
However, she said that some migrants were using children as “human shields” in order to get out of immigration custody faster.
“It makes no sense at all for the government to just accept these attempts at fraud,” Ms. Vaughan said. “If it appears that the child is being used in this way, it is in the best interest of the child to be kept separately from the parent, for the parent to be prosecuted, because it’s a crime and it’s one that has to be deterred and prosecuted.”
Ron Nixon and Michael D. Shear contributed reporting.
(c) 2018 The New York Times