[Congressional Record Volume 164, Number 30 (Thursday, February 15, 2018)]
[Senate]
[Pages S1156-S1157]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                    FORCED SEPARATION AT THE BORDER

  Mr. LEAHY. Mr. President, the actions by the Trump administration 
regarding undocumented immigrants in this country have been ineffective 
and nothing short of heartless. Their priorities have abandoned long-
held practices such as the need to focus limited enforcement resources 
on those who actually present a public safety risk.
  These changes are being felt by families across the country. Last 
fall, Rosa Maria Hernandez, a 10-year-old girl with cerebral palsy who 
was taken to the hospital for urgent surgery was forcibly taken into 
custody by ICE when she was discharged, instead of being released into 
the care of her parents as recommended by her doctors. A few months 
ago, Jose Fuentes who was fleeing El Salvador with his 1-year-old son, 
Mateo, was detained at the border and transferred to a facility in San 
Diego while Mateo was held in Texas. These actions are appalling and 
run counter to the time honored values in this country. No child should 
be separated from their parents in this way. The effect of such a 
traumatic experience and disrupted attachments on children, adolescents 
and families is longlasting. The cost of these failed policies will not 
be fully realized for years to come.
  Under current policy, families are supposed to be kept intact while 
awaiting a decision on whether they will be deported and held in 
special family detention centers or released with a court date. The 
Trump administration's proposed policy change sends parents to adult 
detention facilities, while their children would be placed in shelters 
designed for juveniles or with a relative in the United States.
  Wendy Smith recently wrote an article in the Chronicle of Social 
Change on the Trump administration's proposed policy of separating 
immigrant children from parents entering the United States illegally, 
as a means of deterring immigrant families from coming to the United 
States. I ask unanimous consent that this January 29, 2018, article 
entitled ``Separating Families at the Border Will Multiply Child 
Trauma'' be printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

          [From the Chronicle of Social Change, Jan. 29, 2018]

      Separating Families at the Border Will Multiply Child Trauma

                            (By Wendy Smith)

       Parents do not uproot their children to make a long and 
     dangerous journey to an uncertain future in the U.S. unless 
     the circumstances in their home country are so threatening 
     that the risks of migration pale in comparison to more 
     certain risks at home. They leave their homes, other family 
     members, schools, churches and familiar communities because 
     they feel they must.
       In December 2017, the Trump Administration proposed a new 
     policy of separating immigrant children from parents entering 
     the U.S. illegally, as a means of discouraging or deterring 
     immigrant families from Central America and other countries 
     from coming to the U.S.
       Although the administration has already engaged in this 
     practice in some cases, this policy would alter the current 
     standard, which has attempted to keep families intact while 
     asylum issues are considered and addressed.
       As a former psychotherapist, I saw first-hand the long-
     lasting effects of traumatic experience and disrupted 
     attachments on children, adolescents and families. Having 
     taught courses in child development, I know that development 
     of the brain and the child are inextricably linked to 
     environmental opportunities and dangers, and to the 
     continuing presence of important relationships to mediate the 
     environment.
       Recovery from trauma and attachment loss is possible, but 
     requires enormous time, effort and care. This knowledge tells 
     me that a policy of separating families should sound an alarm 
     for us all.
       Advocates, immigration experts, academics and lawyers have 
     voiced concerns regarding the issues of constitutionality, 
     deterrence, negative effects and unanticipated consequences, 
     alongside the undermining of the core American value of 
     family unity.
       The United Nations Convention on the Rights of the Child--
     ratified by every country on the planet except Somalia, Sudan 
     and the United States--specifies that children, including 
     immigrant and refugee children, should be treated with 
     dignity and respect and should not be exposed to conditions 
     that may harm or traumatize them.
       Family unity and reunification is one of the primary stated 
     goals of the U.S. immigration system, found in many sections 
     of the Immigration and Nationality Act (INA) of 1952. It is 
     also a central theme of American identity. In Moore v. City 
     of East Cleveland, the Supreme Court held that ``the 
     Constitution protects the sanctity of the family precisely 
     because the institution of the family is deeply rooted in 
     this nation's history and tradition.''
       The constitution does not allow the government to detain 
     one asylum-seeking family for the sole purpose of deterring 
     that action on the part of other families. And finally, 
     through both United Nations conventions and protocols and 
     U.S. law, migrants have rights not to be returned where their 
     life or freedom would be threatened on the basis of race, 
     religion, nationality, social group or opinion. If these 
     factors exist, migrants can seek asylum if they can show 
     ``well-founded'' fear of persecution.
       The impact of such policies on children is severe. Stress 
     is defined as the result of events or circumstances in which 
     physical or psychological demands exceed our ability to cope. 
     A critical buffer to the detrimental effects of stress is a 
     protective relationship, such as with a parent who can 
     provide comfort and a sense of safety.
       Prolonged exposure to stress in the absence of a protective 
     relationship causes the human stress response system to 
     remain activated, preventing rest and recovery of the coping 
     system, and the child's ability to manage or regain the sense 
     of safety necessary to move forward in life is severely 
     compromised.
       Trauma, the most extreme form of toxic stress, is the 
     occurrence of events or situations in which one's physical or 
     psychological integrity is threatened (such as a

[[Page S1157]]

     natural disaster, an assault, or the violent or sudden loss 
     of a loved one).
       Leaving home, making a difficult journey, and arriving in a 
     new country are circumstances that profoundly affect 
     children. Separation from parents on the heels of these 
     overwhelming experiences can be terrifying, and may have 
     long-lasting effects.
       Trauma exposure and disrupted attachment can have similar 
     negative outcomes; when the two are combined, the negative 
     effects on children's development and functioning may be 
     compounded.
       Adversity early in life is associated with deficits in such 
     important functions as cognitive performance, executive 
     functions, and the processing of social and emotional 
     stimuli, among others. The nature and severity of deficits is 
     related to the nature of the trauma, the presence or absence 
     of protective relationships, and the age and vulnerability of 
     the child.
       A 2010 study that examined effects of immigration raids on 
     children ages 0-17--during the first six months after the 
     enforcement activities, and again after nine months--noted 
     problems with basic functions such as eating and sleeping, 
     constant crying, and widespread changes to behavior, school 
     performance, and developmental reversal, or loss of 
     developmental milestones that had been achieved prior to the 
     separation from parents. In other words, the sudden and 
     unexpected loss of parents not only impeded forward 
     development, but sent children backwards on the developmental 
     trajectory.
       Traumatized and suffering children, disrupted or delayed 
     development, long-term educational and behavioral problems--
     these are neither reasonable nor morally acceptable trade-
     offs for the unproven possibility that future families will 
     be persuaded not to enter our country illegally.
       The policy of separating families at the border must be 
     abandoned in favor of alternatives that are humane, 
     constitutional and supportive of family unity.

                          ____________________