Connect with us

For The Culture

Get the FACTS: Trump’s Zero Tolerance Policy

LA Times

Published

on

by Michelle Martin

Have you heard that children were separated from their parents under Obama & Clinton? Then, you need a little Facts vs Myths lesson. Michelle Martin, PhD Cal State Fullerton summed up the most important FACTS:

There is so much misinformation out there about the Trump administration’s new “zero tolerance” policy that requires criminal prosecution, which then warrants the separating of parents and children at the border. Before responding to a post defending this policy, please do your research…As a professor at a local Cal State, I research and write about these issues, so here, I’ll make it easier for you:

Myth: This is not a new policy and was practiced under Obama and Clinton – FALSE.

The policy to separate parents and children is new and was instituted on 4/6/2018. It was the brainchild of John Kelly and Stephen Miller to serve as a deterrent for undocumented immigration, approved by Trump, and adopted by Sessions. Prior administrations detained migrant families, but didn’t have a practice of forcibly separating parents from their children unless the adults were deemed unfit. https://www.justice.gov/…/press-rele…/file/1049751/download…

Myth: This is not a new policy and was practiced under Obama and Clinton - FALSE. Click To Tweet

Myth: This is the only way to deter undocumented immigration – FALSE.

Annual trends show that arrests for undocumented entry are at a 46 year low, and undocumented crossings dropped in 2007, with a net loss (more people leaving than arriving). Deportations have increased steadily though (spiking in 1996 and more recently), because several laws that were passed since 1996 have made it legally more difficult to gain legal status for people already here, and thus increased their deportations (I address this later under the myth that it’s the Democrats’ fault). What we mostly have now are people crossing the border illegally because they’ve already been hired by a US company, or because they are seeking political asylum. Economic migrants come to this country because our country has kept the demand going. But again, many of these people impacted by Trump’s “zero tolerance” policy appear to be political asylum-seekers. https://www.npr.org/…/arrests-for-illegal-border-crossings-…

Myth: Most of the people coming across the border are just trying to take advantage of our country by taking our jobs – FALSE.

Most of the parents who have been impacted by Trump’s “zero tolerance” policy have presented themselves as political asylum-seekers at a U.S. port-of-entry, from El Salvador, Guatemala, and Honduras. Rather than processing their claims, they have been taken into custody on the spot and had their children ripped from their arms. The ACLU alleges that this practice violates the Asylum Act, and the UN asserts that it violates the UN Treaty on the State of Refugees, one of the few treaties the US has ratified. This is an illegal act on the part of the United States government, not to mention morally and ethically reprehensible. https://www.nytimes.com/…/meatpackers-profits-hinge-on-pool…

Myth: We’re a country that respects the Rule of Law, and if people break the law, this is what they get – FALSE.

We are a country that has an above-ground system of immigration and an underground system. Our government (under both parties) has always been aware that US companies recruit workers in the poorest parts of Mexico for cheap labor, and ICE (and its predecessor INS) has looked the other way because this underground economy benefits our country to the tune of billions of dollars annually. Thus, even though the majority of people crossing the border now are asylum-seekers, those who are economic migrants (migrant workers) likely have been recruited here to do jobs Americans will not do. https://www.upi.com/…/Donald-Trumps-wall-ign…/2621477498203/

Myth: The children have to be separated from their parents because their parents must be arrested and it would be cruel to put children in jail with their parents – FALSE.

First, in the case of economic migrants crossing the border illegally, criminal prosecution has not been the legal norm, and families have been kept together at all cost. Also, crossing the border without documentation is a typically a misdemeanor not requiring arrest, but rather a civil proceeding. Additionally, parents who have been detained have historically been detained with their children in ICE “family residential centers,” again, for civil processing. The Trump administration’s shift in policy is for political purposes only, not legal ones. See p. 18: https://www.aclu.org/…/ms-l-v-ice-plaintiffs-opposition-def…

Myth: We have rampant fraud in our asylum process the proof of which is the significant increase we have in the number of people applying for asylum. FALSE.

The increase in asylum seekers is a direct result of the increase in civil conflict and violence across the globe. While some people may believe that we shouldn’t allow any refugees into our country because “it’s not our problem,” neither our current asylum law, nor our ideological foundation as a country support such an isolationist approach. There is very little evidence to support Sessions’ claim that abuse of our asylum-seeking policies is rampant. Also, what Sessions failed to mention is that the majority of asylum seekers are from China, not South of the border. Here is a very fair and balanced assessment of his statements: http://www.politifact.com/…/jeff-sessions-claim-about-asyl…/

Myth: The Democrats caused this, “it’s their law.” FALSE.

Neither the Republicans nor the Democrats caused this, the Trump administration did (although the Republicans could fix this today, and have refused). I believe what this myth refers to is the passage of the Illegal Immigration Reform and Immigrant Responsibility Act, which were both passed under Clinton in 1996. These laws essentially made unauthorized entry into the US a crime (typically a misdemeanor for first-time offenders), but under both Republicans and Democrats, these cases were handled through civil deportation proceedings, not a criminal proceeding, which did not require separation. And again, even in cases where detainment was required, families were always kept together in family residential centers, unless the parents were deemed unfit (as mentioned above). Thus, Trump’s assertion that he hates this policy but has no choice but to separate the parents from their children, because the Democrats “gave us this law” is false and nothing more than propaganda designed to compel negotiation on bad policy. https://www.independent.co.uk/…/trump-democrats-us-border-m…

Myth: The parents and children will be reunited shortly, once the parents’ court cases are finalized. FALSE.

Criminal court is a vastly different beast than civil court proceedings. Also, the children are being processed as unaccompanied minors (“unaccompanied alien children”), which typically means they are sent into the custody of the Office of Refugee Resettlement (ORR), which is part of the Department of Health and Human Services (DHS). Under normal circumstances when a child enters the country without his or her parent, ORR attempts to locate a family member within a few weeks, and the child is then released to a family member, or if a family member cannot be located, the child is placed in a residential center (anywhere in the country), or in some cases, foster care. Prior to Trump’s new policy, ORR was operating at 95% capacity, and they simply cannot effectively manage the influx of 2000+ children, some as young as 4 months. Also, keep in mind, these are not unaccompanied minor children, they have parents. There is great legal ambiguity on how and even whether the parents will get their children back because we are in uncharted territory right now. According to the ACLU lawsuit (see below), there is currently no easy vehicle for reuniting parents with their children. Additionally, according to a May 2018 report, numerous cases of verbal, physical and sexual abuse were found to have occurred in these residential centers. https://www.aclu.org/…/aclu-obtains-documents-showing-wides…

Myth: This policy is legal. LIKELY FALSE.

The ACLU filed a lawsuit against the Trump administration on 5/6/18, and a recent court ruling denied the government’s motion to dismiss the suit. The judge deciding the case stated that the Trump Administration policy is “brutal, offensive, and fails to comport with traditional notions of fair play and decency.” The case is moving forward because it was deemed to have legal merit.https://www.bloomberg.com/…/aclu-suit-over-child-separation…

 

This post is also on Facebook as a public post: https://www.facebook.com/MIchelle.Martin15/posts/1852738241454566

Comments

comments

Advertisement
Click to comment

You must be logged in to post a comment Login

Leave a Reply

Entertainment

The Diversity JUMPED out: Savage x Fenty Fashion Show Gave us all the Inclusion we Needed

mm

Published

on

Last night Savage x Fenty by Rihanna ended New York Fashion Week with a bang! The lingerie brand had an array of women from different skin tones to body types. Rih wanted to show the world that ANYONE can wear Savage x Fenty and feel sexy. There were even pregnant models featured in the show. Yes, pregnant. Get into the models and event down below:

 

Rihanna is taking the fashion industry by storm. Let’s hope other fashion brands can follow suit.

Comments

comments

Continue Reading

For The Culture

Lawrence Makes His Way Back to Insecure and Leaves Us SHOOK

mm

Published

on

HBO
Prev1 of 3
Use your ← → (arrow) keys to browse

Lawrence must’ve had a seasonal positional at Best Buy because he is back but will he be in a full-time employee in Issa’s life?

Insecure delivered one of the most sickening episodes with “High-Like” episode 4, and not because they brought back breaking couch potato, Lawrence. It was the conversation about friendships and how things change. Dealing with real situations and how friends can all have something going on but also come to support one another. But for some of us seeing Lawrence made us wet and how us wondering why since we didn’t want to see him anymore.

The last 2 minutes as Issa walks in 7-Eleven after trying to assure Tiffany that things will be the same after she has her baby. Tiffany seems to be reluctant that it will be. Issa walks into the store to get some water and runs into Chad the Bluetooth wearing real estate agent. As she looked over to her left (in my Tweet voice) their goes Lawrence looking so good without a mustache OH MY! Issa’s looks as if she is excited and Chad’s mood is all of us!

Take a look at some of the reactions from Twitter as some said: “To hell with Lawrence!”

Prev1 of 3
Use your ← → (arrow) keys to browse

Comments

comments

Continue Reading

Entertainment

Black People Stay Winning! Tiffany Haddish & Katt Williams Win Emmys!

mm

Published

on

Tiffany Haddish made history last year for the being the first black female comedienne to host “Saturday Night Live.” Her performance garnered her a Creative Emmy for “best guest actress in a comedy.” During her SNL episode, Haddish addressed the hot button issue of sexual assault in Hollywood. It’s great that Haddish was able to bridge the gap between comedy and current events and get an Emmy for it! Haddish beat out Maya Rudolph, Jane Lynch, Tina Fey, and Wanda Sykes.

Another Emmy award winner we’re excited about is Katt Williams. The comedian won “best guest actor in a comedy” for his appearance on FX’s “Atlanta.” Katt Williams played Earn’s Uncle Willy and stole the show. This is great news because Williams career has gone through its ups and downs along with his personal life. With the Netflix special and this Emmy hopefully, this indicates that the “It’s Pimpin’ Pimpin'” comedian’s career is on an incline and we get to see him in more TV and film projects. Williams beat out Bryan Cranston, Donald Glover, Sterling K. Brown, Lin-Manuel Miranda, and Bill Hader for the award.

It’s great to see black talent that would be classified as “ghetto” or “ratchet” win Emmy awards. This goes to show that that respectability politics isn’t ruling anything over here. Black people are being their authentic selves and getting awards for it.

Are y’all here for the Emmy’s now that we’re getting awards or are they still late like always? Let us know in the comments.

Comments

comments

Continue Reading
Advertisement
Advertisement
Advertisement

Trending