Critical Rights and Rule-of-Law Concern
The zero tolerance policy was the direct cause of mass family separations: parents were referred for criminal prosecution, children were taken to Office of Refugee Resettlement shelters, and the two systems — criminal justice and child welfare — did not have adequate mechanisms to track and reunite families. Senior administration officials including Chief of Staff John Kelly had discussed using family separation as a deterrent as early as 2017. Trump publicly and repeatedly denied a family separation policy existed while it was operating. A federal court ordered family reunification; the government struggled to comply, partly because adequate records had not been kept linking children to parents.