[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.
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