Biden Administration issues NEW immigration detention—meant to lessen Trump’s zero tolerance policy: family separation
Biden Administration issues NEW immigration detention—meant to lessen Trump’s zero tolerance policy: family separation
It’s like the news waterhose is on full blast but it’s important that you are aware of the new ICE directive because Trump’s child separation policy wasn’t just inhumane it was intentionally cruel.
Trump’s Zero Tolerance policy orphaned hundreds of unaccompanied minors…
Like many of you, back in 2017 the Trump Administration’s Zero Tolerance policy made my stomach turn. It wasn’t just a heinous policy but it was purposefully intended to be cruel. And the impact on those unaccompanied minors likely resulted in permanent trauma to countless children. See 2017 Trump-Era ICE policy. The cruelty of the Trump Administration has left an indelible stain on America. And it likely permanently damaged numerous unaccompanied minors. So let’s revisit just how ill thought out Trump’s policy was:
See May 2018 Statement of APA President Regarding the Traumatic Effects of Separating Immigrant Families
See May 2019 American Academy of Pediatrics (AAP) AAP Statement Opposing Separation of Children and Parents at the Border
See AAP’s January 2019 renews call for an end to family separation at the border
See DHS-OIG September 2018 Report: OIG-18-84 - Special Review -
November 2019 OIG-20-06 - Report: DHS Lacked Technology Needed to Successfully …
May 2020 DHS-OIG report: CBP Separated More Asylum-Seeking Families at Ports of Entry Than Reported and for Reasons Other Than Those Outlined in Public Statements
See 2019 HHS-OIG report: Separated Children Placed in Office of Refugee Resettlement Care
House Oversight The Trump Administration’s Child Separation Policy: …
In general I don’t think I need to regurgitate the countless twitter threads nor the unenumerated hours of research that I published on Twitter. Because at the onset (I’m talking March 2017) I was told flat out that I was wrong —that there wasn’t a DOJ Zero Tolerance policy. I was later told that I was wrong that the DHS wasn’t actively scrubbing their database. In each of the aforementioned issues, as more facts began to be reported, it turns out that certainly you now know who was right and who was wrong.
ProTip: I’ve been in DC for over three decades. I have friends and numerous POCs in various federal agencies. With respect to the DHS database issues, one of my life long friends is an actual social worker via HHS and they trusted me to tweet/blog the prerequisite facts. They contacted me months before the mainstream media ever started reporting on the lack of database integration. And yet I was told by the Blue-QANON that I was wrong. La sigh. Apologies I digressed for a moment.
The aforementioned April 2017 ICE directive was a direct response to the cruel family separation policy. There have been countless HHS, DHS OIG reports. There were multiple class action lawsuits filed. The reality is Donald Trump and his administration actually orphaned over 528 children. As of publication of this article a vast majority of those 528+ children are still orphaned.
MS. L V. ICE - AMENDED COMPLAINT via ACLU successfully fought for:
protected family visitation rights by requiring compliance with court mandated visitations, including virtual visitations.
neither the 2017 or 2018 directive required ICE officials to ask the parental status of detainees and nor did it include incapacitated adults.
required the Government to provide translators who specialized in the dialects and other primary languages spoken in the Northern Triangle
further required that ICE officials must respect and follow all family court proceedings to the best of their ability.
In August of 2018, the US District Court for the Southern District of California established the steering committee with one primary objective: “to assist in the identification and reunification of class members identified in Ms. L v. ICE.” -furthermore that steering committee tapped Justice in Motion, which later successfully located the “unreachable” parents of 187 unaccompanied minors. That insurmountable feat of locating nearly 187 parents was remarkable. Especially in light of how sloppy the Trump Administration rolled out the needlessly cruel child separation but was further frustrated by both DHS and HHS poor records management.
🌶 Spicy Sidebar🌶 I wish I was joking but I’m not, Stephen Miller did not even know that migrants from the Northern Triangle “Spanish was their 2nd or 3rd language” and DHS & DOJ repeatedly failed to have translators. Indeed there are many dialects and languages spoken in the Central America-Northern Triangle
After swift and bipartisan outrage, on June 20, 2018, President Trump issued an executive order announcing that the administration would cease with the child separation policy (whispers that policy never ceased,
“the policy of this Administration to maintain family unity, including by detaining families together where appropriate and consistent with law and available resources.”
Biden Administration NEW ICE policy;
The new ICE Directive appears to incorporate many of the same orders and procedures a Federal Judge adjudicated in the Ms L v ICE and it further mandates
requires ICE officials to ask every detainee or non-citizen they encounter what their parental status is.
Additionally it now requires that if a parent or guardian must be detained, that they are detained in a facility that is conducive to visitation if appropriate.
requires those who have been removed to personally finance their return and does not allocate government funds to assist.
requires extensive trainings for ICE officials at nearly all levels to properly enforce the newest guidelines. The New training will be developed for relevant ICE personnel on safeguarding the parental or guardianship rights of noncitizens they encounter while executing their duties.
on a case-by-case basis, for the return of a previously removed noncitizen via parole in instances where the noncitizen’s in-person participation at a hearing or hearings related to the termination of their parental rights or guardianship is required.
ICE Directive 11064.3, Parental Interest of Noncitizens Parents and Legal Guardians of Minor Children or Incapacitated Adults, seeks to ensure; when a parent or legal guardian is arrested or detained for a civil immigration proceeding that the noncitizen can
“…maintain visitation with their child or incapacitated adult for whom they serve as guardian, coordinate their care, and participate in any related court or child welfare proceedings”
the prior version of this policy applied to parents and legal guardians of minor children, the current policy also applies to the parents and legal guardians of incapacitated adults.
The policy goes into effect immediately and full implementation will be complete in the next several months.
The Acting ICE Director Tae D. Johnson issued the following statement regarding the ICE Directive 11064.3, Parental Interest of Noncitizens Parents and Legal Guardians of Minor Children or Incapacitated Adults…I would also recommend you take a moment and read the ICE twitter thread, embedded below…or you can read the ICE July 14, 2022 Press Release, found here
In the course of their duties, our officers and special agents will preserve family unity and the parental rights of noncitizen parents and legal guardians to the greatest extent possible…ICE will ensure that our civil immigration enforcement activities do not unnecessarily disrupt or infringe upon the parental or guardianship rights of noncitizen parents or legal guardians of minor children or incapacitated adults
And I just realized that my workday has almost wrapped up, but then again my day started just before 5:15AM yet somehow I managed to publish a follow up Steve Bannon article just after 3AM this morning (and nope Bannon’s 2nd request to delay his trial: DENIED). I’m also pretty sure that I typically accomplish more by 8AM than most people do all day. I suppose the fact that I tend mainline Red Bull might contribute to aforesaid productivity. Yet today I required a triple shot espresso at 3PM. Apparently I may have momentarily fallen asleep during a video conference call… so enjoy this sunset on the sound
Secret Service… delete all (maybe)
With respect to the recent news that the US Secret Service erased text messages from numerous devices for January 5th and 6th of 2021. As first reported by the Intercept;
Secret Service maintains that the text messages were lost as a result of a “device-replacement program,” the letter says the erasure took place shortly after oversight officials requested the agency’s electronic communications.
I’m pretty sure that the HSCJ6 and Senator Gary Peters are going to call absolute bullshit on this👇🏻 And I’ll repeat Anthony M. Ornato, currently serves as the Assistant Director of the United States Secret Service Office of Training and he should be put on (unpaid) leave pending the investigation of the deleted text messages. Because if it’s true that several agents manually deleted the text messages than the “it was unintentional because of device upgrades” seems utterly implausible…
..key evidence in the form of the Secret Service’s electronic communications may never see the light of day. The Department of Homeland Security — the Secret Service’s parent agency — is subject to oversight from the DHS Office of Inspector General, which had requested records of electronic communications from the Secret Service between January 5 and January 6, 2021, before being informed that they had been erased.
Because here’s something you need to know, the PRA isn’t optional and when there are multiple investigations (not the least of which the DOJ criminal investigation) then there’s something known as a “freeze order” which is akin to a preservation order. The potentiality that there are several members of the US Secret Service engaging in destruction of evidence, that’s not exactly an accolade you want.
It’s been 2+ hours since the Secret Service Spox tweeted this:
Because the absurdity of Guglielmi’s tweet speaks for itself and not in a good way. Is he really going to argue that the DHS-OIG letter is false or contains actual false information?
Because the second paragraph of the July 13, 2022 DHS-OIG letter to Congress…well it explicitly states two issues: the “DHS is not permitted to provide records to the DHS-OIG investigators” is hugely problematic. Equally problematic is the (potential) willful and knowingly destruction of aforementioned text messages. I’m not a super techie but it’s hard to imagine how the Secret Service would use the “device replacement program” would initiate a complete wipe of text messages. The fact that numerous Congressional Committees have wanted this extremely important information and it took nearly a year for the Secret Service to acknowledge the very information Congress (and possibly the DOJ) requested was “wiped”… it doesn’t make sense to me because “data portability” and “da cloud”
My point is even if a large enterprise (like the Secret Service) does a device upgrade rollout, there are back ups. Meaning based on the preliminary statement from the Secret Service, their explanation does not pass the sniff test nor does it comport with: The NARA Records Management Regulations, Policy, and Guidance;
So if the facts bare out that someone (or several agents) in the Secret Service intentionally deleted those text messages, I hope that person or persons are charged to the fullest extent of the law. Especially in light of the newest reporting from CNN: DC police officer in Trump Jan. 6 motorcade corroborates details of heated Secret Service exchange to committee
18 U.S.C. §1512 Tampering with a witness, victim, or an informant
Also with the insinuation that Trump “might have” engaged in potential witness tampering. Let’s look at 18 U.S.C. §1512, specifically (b) because I think a lot of laypeople may not actually understand the statute. Specifically the “attempts to do so” and those four words could in fact spell significant “things” for Trump. Again the statue is clear, so if you see disinformation or misinformation that “the witness didn’t take the call so there’s no tampering” please immediately direct those individuals to👇🏻
Pursuant to 18 U.S.C. §1512(b) any “attempt” at witness tampering… my educated guess is that is likely where Trump is in actual jeopardy. So to those saying “so what the person didn’t take the call” I regret to inform those uninformed Blue-QANON and MAGA-Republicans that apparently you do not know how to read the statute correctly:
(b) Whoever knowingly uses intimidation or physical force, threatens, or corruptly persuades another person, or attempts to do so, or engages in misleading conduct toward another person, with intent to-
(1) influence, delay, or prevent the testimony of any person in an official proceeding;
(2) cause or induce any person to-
(A) withhold testimony, or withhold a record, document, or other object, from an official proceeding;
(B) alter, destroy, mutilate, or conceal an object with intent to impair the object's integrity or availability for use in an official proceeding;
(C) evade legal process summoning that person to appear as a witness, or to produce a record, document, or other object, in an official proceeding; or
(D) be absent from an official proceeding to which such person has been summoned by legal process; or
NEW REPORT -you should read it-
LOST, NOT STOLEN: The Conservative Case that Trump Lost and Biden Won the 2020 Presidential Election…
You really do need to read the 72 page report, which was complied by: “eight prominent conservatives, including three former federal judges“…as the authors note, their comprehensive report carefully and meticulously examined the 64 federal lawsuits Trump filed. The judicial record was unanimous, Trump lost all 64 lawsuits. Trump & his QANON surrogates failed to offer a single scintilla of actual voter fraud, the 2020 election was rigged or stolen.
“every claim of fraud and miscount put forward by former President Trump and his advocates, and now put the results of those investigations before the American people, and especially before fellow conservatives who maybe uncertain about what and whom to believe.”…
Donald Trump and his supporters have failed to present evidence of fraud or inaccurate results significant enough to invalidate the results of the 2020 Presidential Election. We do not claim that election administration is perfect. Election fraud is a real thing; there are prosecutions in almost every election year, and no doubt some election fraud goes undetected. Nor do we disparage attempts to reduce fraud. States should continue to do what they can do to eliminate opportunities for election fraud and to punish it when it occurs. But there is absolutely no evidence of fraud in the 2020 Presidential Election on the magnitude necessary to shift the result in any state, let alone the nation as a whole. In fact, there was no fraud that changed the outcome in even a single precinct. It is wrong, and bad for our country, for people to propagate baseless claims that President Biden’s election was not legitimate
Be Well -a tired & snarky Filey
PS unclear if I’ll publish an article on July 15th —I might take a few days off because I’m running on fumes and self care is the best care.
Thank you Filey 💕💕 for all you do. You rock!!! Thanks for cutting through the BS spewed on twit sphere daily. I dint know when you sleep 💤 but am glad you put the truth out there. Make sure you take care of you & get some Vitamin Sea.
Thank you!