President Trump's plans to deter migrants could mean new 'voluntary' family separations
TUCSON, Arizona - The Trump administration, facing a surge in migrant families entering the United States, is moving swiftly to examine an array of new policies it hopes will deter Central Americans from journeying north.
Each of the policies, which range from a new form of the widely criticized practice of family separation to stricter requirements on asylum, would face significant legal and logistical challenges. But the White House is applying strong pressure on federal immigration authorities to come up with a solution to secure the southwest border.
The Border Patrol apprehended 16,658 people in family units in September - a record figure, according to unpublished government data obtained by The New York Times. The total number of families that entered the country in the 2018 fiscal year, which ended Sept. 30, exceeded 100,000 for the first time in recent history.
The surge is occurring even as the total number of border crossings, including individual adults and children traveling alone, remains well below the numbers seen in the late 1990s and early 2000s.
President Donald Trump’s frustration was aroused again this week with the news that a caravan of thousands of Central American asylum-seekers was headed toward the United States. He threatened on Twitter to call up the military and close the southern border if Mexico failed to halt the “onslaught” of migrants.
A series of intense closed-door meetings among officials from the Department of Homeland Security, the Justice Department, the White House and the State Department began not long after a public outcry forced Trump in June to stop separating migrant families in detention, often hundreds or thousands of miles apart, as a deterrent.
The architects of the family separation approach have been hard at work on alternatives, according to people briefed on the group’s efforts. Their goal is to announce a plan before the November elections that can withstand the legal challenges that crippled the administration’s previous attempts. The group’s charge from the White House is simple and explicit: Replace what the administration describes as “catch and release,” the practice of releasing immigrants from detention while they wait for court hearings.
The most talked-about alternative would be a variation of the family separation policy. Parents would be forced to choose between voluntarily relinquishing their children to foster care or remaining imprisoned together as a family. The latter option would require parents to waive their child’s right to be released from detention within 20 days.
The goal of this option, known as “binary choice,” would be to “maximize deterrence and consequences for families,” according to a person familiar with the agenda for one of the officials’ meetings.
Another idea on the table is to speed up the legal cases of migrant families and process them on a first-in, first-out basis, in hopes that word would get back to Central America that border crossers were being swiftly deported.
The working group is also considering strengthening the standard of proof on asylum cases, a standard that has already risen under Trump, to screen out more families during the first stage of the process, known as the “credible fear” interview. The final two ideas being discussed are extending the use of GPS ankle monitors and immediately arresting anyone who receives a deportation order to ensure that they leave the country.
Officials at the White House and the Department of Homeland Security declined to discuss the administration’s next plans for border enforcement. Katie Waldman, a Homeland Security spokeswoman, said in a statement that “absent congressional action, the department is examining all options to secure the border.”
With the elections less than three weeks away, Trump and conservative candidates are eager to rally voters around a new hard-line policy on immigration.
Trump attended a rally in Texas on Monday for Sen. Ted Cruz, R-Texas, who supports the administration’s immigration policies. He is facing a tough challenge from Beto O’Rourke, a Democratic congressman from El Paso, who has called for more compassionate border enforcement and has opposed Trump’s plan for a border wall.
“He will never be allowed to turn Texas into Venezuela!” Trump said about O’Rourke on Twitter on Friday.
In Arizona, a competitive state that is also ground zero for the recent surge, polls show that immigration is far and away the most important issue to most conservatives, while only a small minority of Democrats feel that way.
In a race that could help tip control of the Senate, Martha McSally, a Republican congresswoman, has cast herself as an immigration hawk in her race against Kyrsten Sinema, a Democratic congresswoman who has supported protections for young immigrants who were brought into the United States illegally as children.
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