THREAD. One thing I learned from @renato_mariotti’s excellent podcast with Anthony Enriquez of @CCharitiesUSA is that the detention of migrant children is inconsistent with the policy underpinnings of the separation policy itself (as conceived before Trump):
2. So as I understood Anthony’s explanation of our laws, for purposes of adjudicating asylum claims, families are supposed to be kept together. If they don’t meet the very high standard (a reasonable belief in persecution if they return), they are deported immediately — together.
3. By treating the people who are crossing as engaging in a criminal act, they trigger the separation: Because the parent(s) is arrested/jailed, the children are separated, under the theory *that it would be inappropriate to keep children in prison-like conditions* (and w adults)
4. The child detention facilities are supposed to be temporary — for only a few days until the children can be sent to separate state facilities where they are cared for on a long-term basis, under systems that are designed for them (and meant for foster children, etc.)
5. Previously, the system described above was utilized for legitimate “unaccompanied minors” — kids who came here with no adult. But bc of Trump’s criminalization of anyone crossing, he has massively backlogged the system, forcing these kids to stay in detention for far longer...
6. So you have two ironies here. The first is that (it seems), if these folks were actually processed NORMALLY, many (or most) of them would be deported, as family units, *faster* than they currently are. Trump’s policy appears to be delaying that outcome.
7. The second is, that by overflowing the system, you have children living in conditions that *the entire purpose of separating them from parents*with criminal charges is supposed to avoid* — keeping them in safer and more humane conditions than...ACTUAL PRISONS
8. In other words — and I know this will come as a shock to you — the family separation policy actually undercuts the explicit policy purpose of not letting these folks remain in the U.S., AND ends up treating children in the exact opposite way for which separation is intended.
9. Renato, let me know if I am misunderstanding the implication of Anthony’s explanations but these are the two things that jumped out at me
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