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Department of Homeland Security formally bans separations for illicit border crossings.

June 6, 2021

On Friday, the Department of Homeland Security officials formally prohibited separating children from parents who are caught illegally crossing the United States border. This measure comes as part of an effort by the Biden administration to revert the effects of Trump’s “zero tolerance” policy. Customs and Border Protection Acting Commissioner Troy Miller issued a memo to the heads of Border Patrol and CBP’s Office of Field Operations prohibiting the separation of children from their parents or guardians for convictions on illegal entry to the U.S., and prohibiting the referral of parents for prosecution solely on the grounds of illegal entry to the country. Miller’s memo added an exception on national security grounds, allowing CBP and Border Patrol agents to refer illegal entry for prosecution with approval of higher-ranking officials and local counsel.

Immigration Law, Consultation