The Marshall Project

What You Should Know About Family Separations

Yes, it’s Trump policy. No, it’s not the law.

Are the recent separations of at least 2,000 children from their parents at the Mexican border the result of a Trump administration policy?

Yes.

On May 7, Attorney General Jeff Sessions announced “important new enforcement policies” of “zero tolerance” at the border. The Department of Homeland Security, or DHS, which is in charge of border enforcement, began to refer any immigrant caught crossing without legal documents to the Department of Justice, to be prosecuted for a crime in federal court. As part of the new policy, parents who were criminally prosecuted were separated from their children.

“We are here to send a message to the world: we are not going to let this country be overwhelmed,” Sessions said, explaining the new approach. “If you cross this border unlawfully, then we will prosecute you. It’s that simple.”

So, illegal border crossers were not prosecuted previously?

Before the zero tolerance policy, most

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