DHS has a policy to separate families at the border.  

Fact: 

  • Familial Relationship – If there is reason to question the claimed familial relationship between an adult and child, it is not appropriate to detain adults and children together.
  • Human Trafficking and Smuggling – If there is reason to suspect the purported parent or legal guardian of human trafficking or smuggling, DHS detains the adult in an appropriate, secure detection facility, separate from the minor.  DHS continues to see instances and intelligence reports indicating minors are trafficked by unrelated adults, posing as a “family” in an effort to avoid detention.
  • Safety Risk – If there is reason to suspect the purported parent or legal guardian poses a safety risk to the child (e.g. suspected child abuse), it is not appropriate to maintain the adult and child together.
  • Criminal Prosecution – If an adult is referred for criminal prosecution, the adult will be transferred to U.S. Marshals Service custody and any children will be classified as an unaccompanied alien child and transferred to the Department of Health and Human Services custody.
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