Multiple components within the Department of Homeland Security, along with the Health of Human Service’s Office of Refugee Resettlement, played a role in the family separation process. For the most part, separations followed the pattern outlined below. Notably missing from the government’s process, however, are steps to reunify children with their parents prior to the adults’ removal from the United States.
Family
A family crosses the U.S.-Mexico border without permission. Most
separations occurred for individuals who did not cross at a port of
entry, but dozens of families were separated after crossing at ports
of entry as well.
U.S. Border Patrol staff apprehend the family.
U.S. Border Patrol staff ‘delete’ the family unit in their software,
resulting in data showing the child is unaccompanied and the adult is
a single adult.
Parent
U.S. Border Patrol refers the adult to the U.S. Attorney’s Office
for prosecution. The parent moves to the custody of the U.S.
Marshals Service.
The U.S. Attorney’s Office prosecutes the parent under federal
law. The parent is usually sentenced to a few days or to time
served.
After finishing the prison sentence, the parent is moved to ICE
custody and removed from the country under expedited removal
proceedings, without the right to see an immigration judge.
Child
The child is referred to custody of the Office of Refugee
Resettlement within HHS.
ICE issues a Notice to Appear to the child, initiating removal
proceedings in immigration courts under DOJ.
