This is the Trump administration's reasoning for separating families at the border
- The Trump administration is currently under fire for its "zero tolerance" policy that's seen thousands of migrant children separated from their parents at the US-Mexico border - and its inconsistent justifications for this practice have not helped matters.
- The policy is a product of the Trump administration's hardline stance on illegal border crossings.
- This is the administration's reasoning for implementing the policy and following existing federal laws and guidelines for children who arrive at the border.
President Donald Trump made cracking down on immigration and securing American borders a hallmark of his presidential campaign.
His administration has enacted dozens of policies and executive orders to try and curb immigrants from entering the US illegally. Some of the protocol have also attempted to decrease legal immigration.
The latest Trump administration decision to come under fire is the "zero tolerance" policy that's seen thousands of migrant children separated from their parents at the US-Mexico border. Officials' inconsistent justifications for this practice have only added ammunition to the criticism.
Trump has repeatedly blamed Democrats for what's happening, while his Homeland Security chief Kirstjen Nielsen at one point claimed the policy doesn't exist at all, saying it was instead based on existing immigration law.
Amid this back and forth, it can be difficult to discern the true reasoning behind separating families at the border. Here's the administration's justification for it.
'If you don't want your child to be separated, then don't bring them across the border illegally'
"If you cross the border unlawfully - even a first offense - then we're going to prosecute you," Sessions said in a speech announcing the zero-tolerance policy.
He continued: "If you smuggle an illegal alien across the border, then we'll prosecute you for smuggling. If you're smuggling a child, then we're going to prosecute you, and that child will be separated from you, probably, as required by law. If you don't want your child to be separated, then don't bring them across the border illegally. It's not our fault that somebody does that."
In short, the Trump administration has moved to prosecute every adult who's caught crossing the border illegally. Children can't be prosecuted by the Justice Department or placed in a federal jail, but their parents or guardians can.
Previous administrations would often simply deport people who tried to enter the US illegally instead of criminally prosecuting them, resulting in far fewer migrants being detained overall.
Furthermore, Trump officials have accused "human smugglers" of pretending to be asylum seekers.
Nielsen said during the White House press briefing on Monday that there's been a "314% increase in adults showing up with kids that are not a family unit."
In a speech on Tuesday, Trump said, "Smugglers know how the [immigration] system works. They game the system ... it's so easy for them. They're smart. They didn't go to the Wharton School of Finance but you know what, they're really smart."
Trump claimed child smugglers exploit "loopholes" in current immigration law to "gain illegal entry into the United States."
But some have accused the Trump administration of embellishing this issue and have taken particular issue with Nielsen citing the 314% increase in fraudulent cases at the border.
In fiscal 2017 (October 2016 through September 30), there were 46 cases of "individuals using minors to pose as fake family units," according to Homeland Security numbers the Washington Post obtained. In the first five months of fiscal 2018 (October through February), the number of cases jumped to 191.
This is a roughly 315% increase, but context is important. Those 191 cases were among the 31,102 total family units that were apprehended at the border. This means alleged child smuggling accounted for approximately 0.6% of all the families apprehended between October and February.
By the numbers, many more children arrive at the border alone. The government calls them "unaccompanied minors." The latest figures from the US Health and Human Services Department, the agency responsible for housing migrant kids, showed that roughly 10,000 children were in government custody at the end of May, including both unaccompanied minors and children who were separated from their families.
'The message is that no one is exempt from immigration law'
Some administration officials have said the separation policy is designed to deter people from illegally entering the US.
"I hope that we don't have to separate any more children from any more adults," Sessions said on June 7. "But there's only one way to ensure that is the case: it's for people to stop smuggling children illegally. Stop crossing the border illegally with your children. Apply to enter lawfully. Wait your turn."
White House senior policy adviser Stephen Miller echoed this claim in an interview with The New York Times.
"No nation can have the policy that whole classes of people are immune from immigration law or enforcement," he said. "It was a simple decision by the administration to have a zero tolerance policy for illegal entry, period. The message is that no one is exempt from immigration law."
But evidence suggests prosecutions may not be an effective deterrent for illegal border crossings, and some are accusing Trump of holding children hostage as his administration enforces this policy.
Critics of the separation policy contend it's inhumane, traumatizing to children, and doesn't take into account the fact many people attempting to come into the US were fleeing gang violence in Central America and hoped to gain asylum. But the Trump administration has taken a hardline stance on asylum, arguing too many migrants are gaming the system.
Trump also seems to view the detainment of minors as leverage for gaining funding for the wall he's long desired to build along the US-Mexico border. Officials, including Nielsen during the White House press briefing on Monday, took issue with the characterization that children are being used as a bargaining chip, and pushed lawmakers to pass comprehensive immigration reform.
What makes this a Trump administration policy
The Trump administration has made several false claims in defense of the separation policy.
White House Press Secretary Sarah Sanders, for example, recently claimed "it's the law, and that's what the law states." But this is inaccurate. There is no specific law requiring the separation of families at the border.
What they're often referring to is the 2008 Trafficking Victims Protection Reauthorization Act, and the 1997 Flores settlement.
The TVPRA exempts unaccompanied minors who arrive at the US-Mexico border from "prompt return to their home country," unless those countries are Canada or Mexico. The Trump administration has pushed for its repeal, arguing the law incentivizes the human-smuggling trade.
The Trump administration has argued that the Flores settlement means children must be separated from their parents, since they cannot be held in custody alongside their parents who are facing criminal prosecution and deportation for crossing the border illegally.
Republican Sens. John McCain of Arizona and Lindsey Graham of South Carolina have both said the White House could choose to stop separating families at any time.
At the end of the day, the sharp increase in family separations is happening because of the Trump administration's "zero tolerance" approach to immigration and illegal border crossings.
According to Department of Homeland Security numbers, roughly 2,000 migrant children have been separated from their parents in a recent six week period. Some have been placed in a former Walmart in Brownsville, Texas, and others are being housed in a "tent city" in Tornillo, Texas.
Overall, at least 2,700 families have reportedly been separated at the border since October 2017.