Family Separation at the Border: Running Afoul of International Law?

In April, the New York Times reported that U.S. immigration officials had separated more than 700 migrant children from adults claiming to be their parents at the U.S.-Mexico border. The policy was met with widespread criticism once revealed, with critics denouncing it as immoral, inhumane, and even unconstitutional. “It’s hard to conceive of a policy more horrific than intentionally separating children from their parents as a form of punishment,” Sen. Dianne Feinstein (D-Calif.) said in a statement. “This is not what the United States of America should be.” In yet another rebuke of the policy, a district judge in San Diego denied a motion last week to dismiss a class action lawsuit filed by the American Civil Liberties Union against U.S. Immigration and Customs Enforcement over the child separations. While criticism has mostly centered on whether the policy is morally inhumane or in violation of U.S. law, some organizations and experts have also…

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