War Crime / Crime Against Humanity

Tender Age Shelters: Separating and Warehousing Infants and Toddlers

While the Zero Tolerance policy is documented elsewhere, the specific treatment of children under 5 — the 'tender age' population — constituted a distinct category of harm. Infants as young as a few months old were taken from parents and placed in facilities where they were cared for by strangers. Whistleblowers described children crying inconsolably. The American Academy of Pediatrics called the policy 'child abuse.' A federal court gave the government 30 days to reunify this group; the administration missed the deadline.

Overview

The Zero Tolerance family separation policy is documented separately. This entry addresses a specific and especially grave dimension of that policy: the separation of infants and young toddlers from their parents — children for whom separation from a primary caregiver at a critical developmental stage causes the most severe and lasting harm.

The administration did not exempt young children from the separation policy. There was no minimum age. Infants as young as a few months old were taken from their mothers or fathers and placed in facilities staffed by strangers.

The Tender Age Shelters

The Associated Press reported on June 18, 2018 — the same week Trump signed the executive order purportedly ending separations — that facilities in South Texas were holding babies and young children who had been separated from their parents. The shelters were not equipped or designed for infant care in the way a family or foster home would be. Staff described children who could not be comforted, who cried constantly, who could not understand where their parents were.

The ProPublica audio, released the same week, put sound to the images: migrant children at CBP facilities sobbing for their parents. A Salvadoran child crying "Papá" again and again. The audio became the most-shared piece of media coverage of the Zero Tolerance crisis.

The Medical Warning

The American Academy of Pediatrics — the nation's leading authority on children's health — was categorical. The policy was child abuse. Parent-child separation in early childhood disrupts the neurological and psychological development of children in ways that research shows are lasting. The earlier the separation and the longer its duration, the more severe the damage.

The administration continued the policy after receiving the AAP's warning. It was not an inadvertent harm — it was a foreseeable harm the administration chose to inflict.

Timeline

Sequence of events

  1. Zero Tolerance announced

    Attorney General Jeff Sessions announces Zero Tolerance — directing CBP to refer all illegal border crossers for criminal prosecution, which automatically triggers family separation because children cannot be held in adult detention facilities.

  2. AP reports on tender age shelters

    The Associated Press exclusively reports on 'tender age' shelters in South Texas holding babies and young children under 5 who have been separated from their parents. Staff at the facilities describe children who cannot be comforted and who cry for their parents constantly.

  3. ProPublica audio published

    ProPublica publishes audio from inside a CBP holding facility of migrant children crying for their parents. The audio, including a Salvadoran child crying 'Papá' repeatedly, becomes one of the defining documents of the Zero Tolerance crisis.

  4. Nielsen: 'not aware' of tender age shelters

    At a press briefing, DHS Secretary Nielsen says she is 'not aware' of tender age shelters — a statement immediately contradicted by the AP reporting and widely called false. Nielsen also says 'we don't have a policy of separating families at the border' — a claim contradicted by the Zero Tolerance announcement.

  5. Trump signs order ostensibly ending separation

    Under intense political pressure, Trump signs an executive order purporting to end family separation. The order does not address tender age children already separated.

  6. Court deadline: 103 children under 5 not yet reunified

    The court's 30-day deadline for reunifying children under 5 passes. The government reports it has reunified 57 of the 103 children in the under-5 group identified by the government, but disputes whether all 103 meet the court's criteria for reunification — a dispute the court largely rejects.

Sources

  1. AP Exclusive: US held migrant kids in 'tender age' shelters — The Associated Press
  2. U.S. Is Holding Migrant Babies in 'Tender Age' Shelters — The New York Times
  3. AAP Calls Family Separation 'Child Abuse' — American Academy of Pediatrics archived ✓
  4. Listen to Children Who've Just Been Separated From Their Parents at the Border — ProPublica

Verification

Publication provenance

Related records

Updated October 30, 2020 Deportation to Torture
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Updated October 2, 2020 Civil Rights
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