It may take federal officials two years to identify what could be thousands of immigrant children who were separated from their families at the southern United States border, the government said in court documents filed on Friday.
A federal judge had asked for a plan to identify these children and their families after a report from government inspectors in January revealed that the Trump administration most likely separated thousands more children from their parents than was previously believed.
.. To identify these families, the government said it would apply a statistical analysis to about 47,000 children who were referred to the Office of Refugee Resettlement and subsequently discharged, according to the court filing. From there, the government said it would manually review the case records of the children who appeared to have the highest probability of being part of the separated families.
Officials estimated that the process would take at least one year and potentially two. In explaining the reason for such an arduous process, the government said United States Customs and Border Protection did not collect specific data on migrant family separations before April 2018.
Lawyers representing the Office of Refugee Resettlement did not immediately respond to requests for comment on Saturday.
In a court filing for the government, Jonathan White, a commander with the United States Public Health Service Commissioned Corps, wrote that identifying this group of children presented new challenges because they were already discharged from the Office of Refugee Resettlement, meaning the government “lacks access” to them.
The statistical analysis was required because manually reviewing the cases of nearly 50,000 children would “overwhelm” the office’s resources, he wrote.
Kirstjen Nielsen is the latest one out of the president’s spiraling cabinet who expressed his cruelty but wouldn’t go as far as he wanted.
There’s no reason to mourn Kirstjen Nielsen’s departure from the Department of Homeland Security. She was an immigration hard-liner working aggressively to carry out President Trump’s restrictionist agenda. She spearheaded efforts to crack down on migrants and asylum seekers. She requested military assistance at the border. She limited the number of people who can legally present for asylum at ports of entry. And she vastly increased the number of immigrants in detention.
She also carried out the president’s “zero tolerance” policy, resulting in the separation of thousands of families at our border with Mexico. Many parents are still searching for their children.
But there were limits to Nielsen’s embrace of Trump’s immigration policies. She pushed back on his demands to break the law to stop migrants from entering the country, according to The Times, and repeatedly reminded the president of “the limitations imposed on her department by federal laws, court settlements and international obligations.”
In almost any other administration, this would be unremarkable. It simply means Nielsen took her job and its legal obligations seriously — what we would expect from any civil servant. But Trump is unusual among modern presidents for his routine elevation of people who lack that basic sense of public ethics. If regular pressure to break the law was part of Nielsen’s decision to leave the administration, then her departure illustrates how any belief in the public good, no matter how slight, is incompatible with working for this president, even if you share his views.
This was evident from previous resignations and firings. Rex Tillerson, Trump’s first secretary of state, seemed to share the president’s skepticism of the department, carrying out an agenda meant to shrink its influence. But when Trump wanted to break the law — which, Tillerson said in an interview after leaving the administration, was “often” — Tillerson would push back, unwilling to completely subordinate himself to the president’s will. “I would have to say to him, ‘Mr. President, I understand what you want to do, but you can’t do it that way. It violates the law.’”
The president’s first attorney general, Jeff Sessions, faced similar pressures after he recused himself from any investigations related to the prospect of Russian interference with the 2016 presidential election. Sessions took that step after The Washington Post revealed his meetings with the Russian ambassador, Sergey Kislyak, during the campaign — the kind of contact he had denied during his confirmation hearing before the Senate Judiciary Committee.
Trump was furious, which grew into rage after the deputy attorney general, Rod Rosenstein, appointed Robert Mueller special counsel. Trump reportedly berated Sessions in the Oval Office — which the attorney general called his “most humiliating experience in decades of public life” — and complained that the recusal was “unfair.”
Trump wanted Sessions to derail the Russia investigation and protect him from scrutiny, essentially making himself above the law. And he spent much of 2018 pressuring the attorney general to do just that, either attacking him in public or cajoling him in private. Sessions, who shared Trump’s politics but not his complete contempt for the rule of law, wouldn’t budge.
The overall pattern is clear. Trump wants to act with impunity, breaking the law if he needs or even just wants to. His appointees, who share his goals but not his methods, resist. He scolds and attacks them until they resign, replacing them with loyalists who may actually bend to his will.
Rex Tillerson was replaced by Mike Pompeo, then serving as director of the C.I.A. Unlike Tillerson, who attempted to contain Trump’s worst instincts, Pompeo has been willing to say or do nearly anything to stay in Trump’s favor. It’s why he would echo the president’s widely criticized flattery of Kim Jong-un and the North Korean government.
Trump says that Kevin McAleenan, until now the commissioner of Customs and Border Protection, will take over for Nielsen as acting secretary of Homeland Security. Like Nielsen, McAleenan backs the president’s harsh border policies. He defended border patrol agents after they used tear gas on hundreds of migrants, including women and children, who tried to enter the United States near Tijuana, Mexico. Some attorneys say it’s unclear if Trump can elevate McAleenan, since the laws regarding succession point to under secretary for management Claire Grady as next-in-line as acting director.
Behind the flailing lies a potential disaster for immigration hawks.
Across the decade that preceded Donald Trump’s election, American politicians of both parties consistently tried to pass big, sweeping immigration bills that would legalize most of the country’s illegal population and increase immigration overall. These bills failed because of populist opposition, at first bipartisan (the resistance of a certain socialist senator from Vermont helped doom the 2007 effort) but increasingly simply conservative, and over time the conservative opposition developed a well-founded suspicion of Republican elites, whose plans on immigration always seemed to require ignoring their own base.
This sense of betrayal was fertile ground for Trump, who used bigotry and bluster to sell himself to immigration hawks as a Republican who wouldn’t, indeed couldn’t, sell them out. You could trust him more than the Bushes and Rubios because he was willing to be disreputable, willing to give the finger to elite opinion, willing to play not only the tough guy but the bad guy. And you had to trust him, some hawks argued, because the Democrats had been radicalized on the issue and the hour was late; it was either Trump or a Californian future, in which waves of immigration transformed the entire United States into a one-party, Democratic-governed state.
But the irony was that the populist resistance had already itself been reasonably effective in achieving some of the goals that Trump promised to pursue. Over the years when bipartisan elites were seeking the grail of “comprehensive” reform, they tried to appease skeptics with various forms of border-security spending, and this spending really did gradually harden the United States-Mexico border and make it much more difficult to simply slip across. Combine this with economic and demographic change in Latin America, and by the time Trump took office, border crossings had fallen by two-thirds since the presidency of George W. Bush.
In this sense Trump was a lagging, not a leading, indicator. He represented the political triumph of an attitude that had already changed policy, albeit in piecemeal and only half-intentionally, and partially sealed the porous borders of 15 years before. And his chief proposal, the famous wall, would have been a (literal) extension of the existing border-security project rather than a radical addition.
This reality created an interesting opening, especially in Trump’s first year, for a different kind of comprehensive deal, between restrictionists feeling a little more secure in their position and immigration advocates feeling chastened by populist backlash. And there was even some evidence that the White House might be groping in this direction — toward reforms that would seek stability more than radical change, tilting the entire system away from low-skilled immigration and toward recruitment, and compromising between restrictionists and enthusiasts by trying to keep the overall immigration rate about the same.
But that possibility has evaporated because of the second irony of immigration in the Trump era. Having inherited a border situation that was somewhat better than his rhetoric of crisis suggested, Trump has now been handed an actual crisis — a wave of Central American families claiming asylum, which has returned monthly crossings to their highest levels in a decade and overwhelmed the system for handling new arrivals.
There is a sense in which this crisis vindicates immigration hawks, who warned from the late-Obama era onward that the immigration decline wasn’t necessarily permanent, that there could easily be another wave, that United States policy — particularly the Obama precedent of a tacit amnesty for child migrants — created specific incentives for families and children to come north.
But those same hawks ended up electing a president whose signature immigration policy, more walls to deter border-crossers, has proved largely ineffective in dealing with an immigration crisis created by people surrendering to Border Patrol officers and asking for asylum.
The flailing also absolves the Democratic Party, currently torn between radicalism and evasion on immigration, from actually having to propose a coherent alternative to the White House’s approach.
If this sort of crisis were happening on President Hillary Clinton’s watch, it would create all kinds of political problems for the Democrats; as it stands, they can point at the man who once boasted of Washington that “I alone can fix it” and say, well, why don’t you?
There is still some political peril here for liberals, who may be inclined to confuse the public’s distaste for Trump with a consensus for an open door (though that Vermont socialist is still willing to swat down calls for open borders). But the greater peril by far is for conservative immigration skeptics, for whom the Trump presidency is at risk of turning into a policy disaster.
The attempts to increase deportation have been real enough, but they will be evanescent should Trump lose in 2020. The attempt to legislate sustained legal-immigration cuts has conspicuously failed. Someone in the administration is making deals behind the scenes to increase visas for low-skilled guest workers — one of the policies that hawks resisted for years in “comprehensive” bills. And the longer the current border crisis goes on, the more this White House’s most important legacy may be offering evidence that even Donald Trump, even Donald Trump, can’t really stop illegal immigration when enough people get the idea to bring their kids and come.
should Trump lose in 2020. The attempt to legislate sustained legal-immigration cuts has conspicuously failed. Someone in the administration is making deals behind the scenes to increase visas for low-skilled guest workers — one of the policies that hawks resisted for years in “comprehensive” bills. And the longer the current border crisis goes on, the more this White House’s most important legacy may be offering evidence that even Donald Trump, even Donald Trump, can’t really stop illegal immigration when enough people get the idea to bring their kids and come.
For every conservative faction, supporting Trump was a gamble — do you reach for short-term victory, even though his incompetence and unfitness might cost you in the long run?
The danger for immigration hawks is that the long run has already arrived.
The new Democratic majority in Congress maps out its investigations of the Trump administration.
To avert an investigative free-for-all, Democrats decided early on that they needed to prioritize their inquiries within a basic narrative framework: How is misbehavior X endangering the health and safety of our democracy or of the American people?
Issues ranking high on Democrats’ inquiry list include the administration’s
- response to Hurricane Maria in Puerto Rico; its decisions
- not to defend the pre-existing conditions provision of Obamacare and to undermine the program by starving it of funds; its policy of
- separating migrant families at the southern border; and its
- rollback of environmental protections. Other prime lines of inquiry are
- whether former Interior Secretary Ryan Zinke stood to benefit personally from decisions he made in office,
- whether Commerce Secretary Wilbur Ross lied to Congress about his efforts to add a question about citizenship to the new census — and
- pretty much every decision made so far by Education Secretary Betsy DeVos. Such potential maladministration may not be as buzzy as, say, exploring
- whether Mr. Trump paid hush money to former mistresses or
- underpaid his taxes by a few hundred million dollars. But it does concretely influence the health and well-being of the public.
This is not to say Mr. Trump will get a pass on his personal behavior, simply that Democrats will try to keep the focus on the bigger picture. For instance, Mr. Trump’s continued refusal to release his tax returns is part of his family’s sketchy financial dealings, which raise serious questions about everything from emoluments violations to inappropriate dealings with foreign interests. The crucial question isn’t whether the president has violated the law but whether he has been selling out the nation for personal gain.