Zero Tolerance Policy: Family Separation as a Deterrent Tool
The “Zero Tolerance” immigration policy implemented in 2018 under the Trump administration not only separated families at the border but also manipulated the legal framework to classify accompanied children as “unaccompanied,” facilitating their disappearance within a bureaucratic maze. By criminally prosecuting parents for illegal crossing, minors were left technically “without guardians,” enabling their transfer to federal centers without clear reunification plans.
A report from the Department of Homeland Security (DHS) reveals that between 2019 and 2023, 32,000 unaccompanied migrant minors “disappeared” after being released to family members or sponsors, with authorities unable to track their whereabouts. This number reflects systemic failures, but also a deliberate strategy: using institutional chaos to deter migration through family trauma.
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The Legal Void that Normalizes Loss
1. Forced Separation as a Control Mechanism:
Under “Zero Tolerance,” families were divided at the border under the pretext of processing adults. Children, classified as “unaccompanied,” were transferred to the Office of Refugee Resettlement (ORR), where a lack of coherent records made their later location impossible. A documented case in 2018 shows how a Honduran mother was deported without information about her 6-year-old son, labeled as “unaccompanied.”
2. Fragmented Systems, Invisible Minors:
The DHS admitted that ICE failed to issue 291,000 notices to appear for minors between 2019 and 2023, making it impossible for them to attend immigration hearings. Without updated addresses or lawyers (only 56% had representation in 2023), thousands became vulnerable to trafficking and labor exploitation.
3. Unverified Sponsors:
The ORR placed children with family members or sponsors without verifying criminal backgrounds or safety conditions. In 2023, an audit revealed that ICE lacked the authority to intervene even when abuses were reported, as in a case where a man maintained “inappropriate relationships” with a minor in custody.
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Exploitation and Trauma: The Human Cost
– Trafficking and Forced Labor:
DHS Inspector General Joseph Cuffari warned that minors absent from court face “increased risk of trafficking or exploitation.” While not all 32,000 are in danger, organizations and media have documented cases of teenagers forced to work on farms or sexually exploited after losing track.
– Irreversible Psychological Damage:
Testimonies collected by Physicians for Human Rights reveal that children separated from their parents developed chronic anxiety and attachment disorders. Janne, a 7-year-old Guatemalan girl, was separated from her father in 2018 and spent weeks in a foster home in Michigan without understanding the language, a pattern repeated in thousands of cases.
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Institutional Complicity
– Designed Failures, Not Accidents:
An Office of Inspector General (OIG) report noted that ICE did not coordinate with other agencies to update addresses or monitor minors. The Trump administration inherited agents who “obstructed migratory rights,” while Biden prioritized quick releases without addressing the gaps.
– Legacy of Impunity:
Although the Biden administration revoked “Zero Tolerance” in 2021, over 1,000 children remained separated in 2024. Moreover, the federal government rejected a 2023 compensation of $1 billion to affected families, prioritizing policies over reparations.
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Conclusion: A Calculated Harm
The disappearance of 32,000 migrant minors is not a logistical mistake, but the result of a system that normalizes cruelty as policy. While Congress debates funding to automate records, advocates like Shaina Aber from Acacia insist: “This isn’t about lost paperwork, but about lives deliberately broken.”