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Bonamici Leads 79 Members to Demand Agencies Quickly Comply with Injunction, Reunite Families Separated at Border

June 28, 2018

WASHINGTON, DC [06/28/18] – Today Congresswoman Suzanne Bonamici (OR-1) called on the Trump Administration to share its plan for reuniting families that were separated at the border as quickly as possible. Her action followed a ruling by a U.S. District Court that gave the government a maximum of 30 days to reunite children with their families.

"I am extremely concerned about the well-being of the thousands of children and infants who have been separated from their parents," said Congresswoman Suzanne Bonamici. "Now that a court has ruled that the government must quickly reunite families, we must make sure the Department of Justice, Department of Homeland Security, and Department of Health and Human Services have a clear plan to quickly return children to their parents, where they should have been all along. I will keep fighting until all of the children are reunited with their families."

Bonamici led 79 colleagues in calling on Attorney General Jeff Sessions, Secretary Kirstjen Nielsen, and Secretary Alex Azar to promptly explain how they will comply with the court order. The Members of Congress requested immediate details about the processes that will be implemented by the agencies to swiftly reunite children with their families. They also noted that "many of the families seeking protection at the U.S. border are fleeing horrific violence and have legitimate requests for asylum–a protection long enshrined in U.S. law."

The Congresswoman has been a powerful advocate for children and parents affected by the harmful zero-tolerance policy that was enforced at the border. Along with being an early leader in pressing HHS for answers about its role in separating families, Bonamici has visited several asylum-seeking men who are detained in a federal prison in Oregon, spoken out on the House floor, and called for the Trump Administration to end the family separation policy and reunite families.

The full text of the letter can be found below. In addition to Congresswoman Bonamici, Jerry Nadler, Zoe Lofgren, Vicente Gonzalez, Debbie Dingell, Alan Lowenthal, John Yarmuth, Salud O. Carbajal, Michelle Lujan Grisham, David Scott, Dan Kildee, Mike Thompson, A. Donald McEachin, Pramila Jayapal, Jacky Rosen, Colleen Hanabusa, Jamie Raskin, James P. McGovern, Cheri Bustos, Dwight Evans, Earl Blumenauer, Debbie Wasserman Schultz, Donald S. Beyer Jr., Scott H. Peters, Joaquin Castro, Bill Foster, Grace Meng, Beto O'Rourke, Seth Moulton, Ed Perlmutter, Katherine Clark, Mark Pocan, Darren Soto, John B. Larson, Anthony G. Brown, Mark Takano, Marc Veasey, Juan Vargas, Grace F. Napolitano, Adriano Espaillat, John K. Delaney, Norma J. Torres, Jared Polis, Yvette D. Clarke, G. K. Butterfield, Lucille Roybal-Allard, David E. Price, Diana DeGette, Rick Larsen, Peter A. DeFazio, Eleanor Holmes Norton, Danny K. Davis, Chellie Pingree, Sheila Jackson Lee, Terri A. Sewell, Gregory W. Meeks, Henry C. "Hank" Johnson, Jr., Karen Bass, David N. Cicilline, Gwen Moore, Keith Ellison, Adam Smith, Jerry McNerney, Barbara Lee, Nydia M. Velázquez, Carolyn B. Maloney, Doris Matsui, Albio Sires, Alcee L. Hastings, José E. Serrano, Richard M. Nolan, Steve Cohen, Luis V. Gutiérrez, Gregorio Kilili Camacho Sablan, Judy Chu, John Garamendi, Frederica S. Wilson, Dina Titus, Eddie Bernice Johnson, and Gene Green joined the letter.

June 28, 2018

The Honorable Jeff Sessions

Attorney General of the United States

U.S. Department of Justice

Robert F. Kennedy Department of Justice Building

Constitution Avenue NW

Washington, DC 20530

The Honorable Alex M. Azar, II

Secretary

U.S. Department of Health and Human Services

330 C Street SW

Washington, DC 20416

The Honorable Kirstjen Nielsen

Secretary

U.S. Department of Homeland Security

300 7th Street SW

Washington, DC 20024

Dear Attorney General Sessions, Secretary Nielsen, and Secretary Azar:

We write to request an explanation of the immediate steps you are taking to comply with the U.S. District Court's preliminary injunction in Ms. L et al v U.S. Immigration and Customs Enforcement et al. In its decision, the court found that the allegations in the lawsuit "sufficiently describe government conduct that arbitrarily tears at the sacred bond between parent and child" and "are sufficient to show the government conduct at issue "shocks the conscience" and violates Plaintiffs' constitutional right to family integrity.[1]

Many of the families seeking protection at the U.S. border are fleeing horrific violence and have legitimate requests for asylum–a protection long enshrined in U.S. law. As the court also stated, "we are a country of laws, and of compassion. We have plainly stated our intent to treat refugees with an ordered process, and benevolence, by codifying principles of asylum."[2]

Separating families as a punishment for seeking a safe future for themselves and their children through lawfully-established channels is abhorrent and can lead to permanent harm to the health and well-being of these children. A 2016 report from a DHS Advisory Committee on Family Residential Centers recognized this, concluding it is never in the best interest of a child to be detained because of immigration status.[3]

Under the court's injunction, the government has, at most, 30 days to reunite families separated as a result the ‘zero tolerance' policy that criminalizes victims of violence, endangers child welfare. Please respond immediately with a description of the processes that will be implemented to comply with the injunction, including specific answers to the following questions:

  1. Will additional resources or staff be allocated to meet the court order for family reunification? If not, will you be able to comply with the court's order within the prescribed time?
  2. Has the government assigned specific units or teams to coordinate the various federal agencies involved in the reunification effort to make sure government complies as soon as possible? If so, please describe.
  3. What system is in place to track children in the government's custody?
  4. What information is provided to parents to keep them apprised of their children's whereabouts?
  5. The ruling stipulates that children under 5 should be reunited with their parents within 14 days. How will the government prioritize reuniting these particularly vulnerable children with their parents?
  6. How is the government addressing the needs of preverbal or nonverbal children and how is the government aiding their reunification with parents?
  7. As directed by the injunction, is the government giving detained parents the opportunity to speak to their children on the phone within 10 days?
  8. Will all reunited families be kept in family detention until their immigration claims have been resolved? How will this comport with the Flores Agreement?

We thank you for your immediate attention to these questions and look forward to your prompt and detailed response.

Sincerely,

Congresswoman Suzanne Bonamici


[1]Ms. L v. ICE Order Granting Plaintiffs' Motion for Classwide Preliminary Injunction (June 26, 2018) available at: https://www.aclu.org/legal-document/ms-l-v-ice-order-granting-plaintiffs-motion-classwide-preliminary-injunction

[2] Ibid.

[3] Report of the DHS Advisor Committee on Family Residential Centers, Dept. of Homeland Security (Sept. 30, 2016) available at: https://www.ice.gov/sites/default/files/documents/Report/2016/ACFRC-sc-16093.pdf

Issues:Civil Rights