Legally Kidnapped

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Saturday, October 20, 2018

The Torture of Forcibly Separating Children from their Parents

As discussed in my prior post, President Donald Trump’s family separation policy has come under legal assault from a number of civil society organizations, 17 U.S. states, and the District of Columbia. Some of these lawsuits challenging family separations date back to earlier administrations, (e.g., Flores, see our backgrounder), but new lawsuits have proliferated since Trump’s promulgation of the “zero tolerance” policy, which intends to ramp up criminal prosecution of those crossing the border without prior authorization. At the same time, the Trump administration is considering a return to the practice of separating children from their parents, but this time under the guise of giving parents an excruciating Sophie’s choice: Keep your children in detention with you for months, or even years, or hand them over to U.S. authorities.

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