Running head: ANALYSIS OF S.

3036

Analysis of S. 3036 Keep Families Together Act

Candea Farr

Briar Cliff University

ANALYSIS OF S. 3036 2

Outline

I. Historical background of the policy

a. Problems that led to the original creation of the policy

i. President Trump’s ‘zero tolerance’ policy

ii. This policy referred all illegal border crossings for federal criminal

prosecution

iii. Children were separated from parents when parents were sent to jail

b. Importance of the problems historically

i. From April 19th to May 31st of 2018, close to 2,000 children were

separated from their parents at the border

ii. Number of family units apprehended have increased in 2018

c. Original management of the problems

i. In 2014 President Obama added detention centers to keep families

together

ii. In 2005 President Bush exempted families from prosecution

d. Legislative history of the policy

i. Introduced by Dianne Feinstein in the Senate on June 7th, 2018

ii. Referred to the Committee on the Judiciary

II. Description of the problems that necessitated the policy

a. The parameters of the problem

i. 11 million undocumented immigrants currently living in the U.S.

b. Nature, scope and magnitude of the problem

i. ‘Zero tolerance’ policy created separation of families

ANALYSIS OF S. 3036 3

ii. Children labeled ‘unaccompanied minors’

iii. Language barriers create additional problems

c. Populations affected by the policy

i. 50% of illegal immigrants from Mexico; 50% from Central

American countries

ii. Numbers of families crossing the border on the rise

iii. Policy impacts families with children; minors under the age of 18

d. Causes of the problem

i. Migrants fleeing to the U.S. escaping poverty and violence

ii. Primarily from Honduras, El Salvador and Guatemala

III. Description of the policy

a. How the policy is expected to work:

i. Bill prohibits removal of children under the age of 18 at U.S.

borders

ii. Children may only be removed if an authorized official finds

evidence of abuse or neglect, or evidence of trafficking

iii. Bill sets forth presumptions in favor of family unity and parental

rights, and that detention is not in the best interests of families and

children

iv. Limits criminal prosecution for asylum seekers

v. Increases child welfare training

vi. Adds procedures for separated families

b. Resources or opportunities the policy will provide

ANALYSIS OF S. 3036 4

i. The protection of children and families while a decision is made

regarding immigration status

c. Who is covered by the bill

i. Minors under the age of 18

ii. Minors with no permanent immigration status

d. How the policy is implemented

i. Children assessed by the Department of Health and Human

Services

ii. Families kept together while they wait for status hearings

iii. Hearings should be expedited

e. Expected short term and long term goals

i. Best interests of children and families preserved

ii. Less trauma on the part of all parties involved

f. Administrative auspices

i. Federal bill

ii. Implemented primarily by the Department of Health and Human

Services, the Department of Homeland Security, and the

Department of Justice

g. Funding mechanisms for the policy

i. Immigrants are held at cost to the federal government while they

wait for status hearings

ii. Children are housed, fed, and educated at cost to state and federal

government programs
ANALYSIS OF S. 3036 5

h. Agencies or organizations with overall responsibility

i. Department of Homeland Security

ii. Department of Justice

iii. Department of Health and Human Services

i. Formal or informal criteria to determine effectiveness

i. Annual child welfare training

ii. Policies and procedures for families to locate each other, in

English and Spanish

iii. Weekly reports for parents separated from their children

iv. Reports regarding the separation of families every six months

j. Expected duration of policy: none specified

k. Knowledge base or scientific grounding for policy

i. Trauma informed training established by experts

ii. Consultation with child welfare experts ensures that best interests

of children are protected

IV. Policy Analysis

a. Indications that the policy is legal

i. No law requiring separation of children from parents

ii. Bill will follow process to become a law

b. Indications that the policy is just and democratic

i. Developed in consultation with child welfare experts

ii. Widespread support among Democrats, with Republicans developing a

similar bill
ANALYSIS OF S. 3036 6

c. Indications that the policy will contribute to greater social equality

i. Children are among the most vulnerable members of society

ii. Policy allows families to remain together while awaiting status hearings

iii. Policy fair to both parents and children, and protects best interests of

children

d. Indications that the policy will positively affect the redistribution of income,

resources, rights, entitlements, rewards, opportunities and status of people

i. Protects parental rights

ii. Protects and respects family bonds

iii. Provides opportunity for families to stay together and to be treated fairly

e. Indications that the policy will contribute to a better quality of life for the target

population

i. The high cost of separation, emotionally and psychologically, will be

avoided

ii. Policy will ensure that families stay together

f. This policy will not adversely affect the target group

g. Indications that the policy will contribute to positive social relations between the

target population and the overall society

i. Americans are very divided in their feelings and understanding about

illegal immigrants

ii. Most Americans have been upset by the policy of the separation of

families
ANALYSIS OF S. 3036 7

h. Indications that the goals of the policy are consistent with the values of

professional social work

i. Service: helping people in need and addressing social problems

ii. Social justice: challenging social injustice

iii. Dignity and worth: respecting dignity and worth of each person

iv. Importance of human relationships

v. Commitment to clients

vi. Self-determination: Promote clients’ rights to self-determination

viii. Cultural awareness and social diversity

i. Indications that the policy is politically feasible

i. Supported widely by Democrats

ii. Republicans recognize the need to do something and have come up

with their own bill

iii. This is the political climate to get this bill passed

i. Indications that the policy is economically feasible

i. There is a much higher cost to separating migrant families rather

than keeping them together

ii. Holding children away from their parents costs $775 per night,

while holding families together costs $298

iii. The policy of separating families could cost taxpayers as much as

$327 million per year

j. Indications that the policy is administratively feasible

i. Administrations are already in place to enforce policy

ANALYSIS OF S. 3036 8

ii. Requires child welfare training to ensure safety and best interests

of children

k. Indications that the policy is effective

i. Child welfare training must be completed annually

ii. Policies and procedures must be developed in Spanish and English

to allow families to locate each other in event of a separation

iii. In case of separation, weekly reports and regular communication

must be provided to parents

iv. Regular reports regarding the separation of families every six

months

l. Indications that the policy is efficient

i. Regular reports must be submitted

ii. Less expensive to keep families together than separate them

m. Indications of alternative competing policies

i. Keep Families together and Enforce the Law Act: proposed by

Republicans

ii. Would keep families together but potentially lengthen detention

time

Historical Background of Policy

ANALYSIS OF S. 3036 9

In early 2018 President Trump and Attorney General Jeff Sessions announced a new

“zero tolerance” policy. This policy referred all illegal immigrant border crossings for federal

criminal prosecution to deter illegal border crossings (Rhodan, 2018). Since criminal defendants

do not have a legal right to have their children with them in jail, this meant that children and

parents picked up for crossing the border illegally would be separated after the arrest (Lind,

2018).

From April 19th to May 31st 2018, close to 2,000 children were separated from their

parents at the United States border (Rhodan, 2018). The number of family units apprehended

attempting a border crossing has increased since 2013. In 2018, the number increased to as much

as 107, 212 people (The Annenberg Public Policy Center, 2018). Previous presidents also had

issues with families crossing the border illegally, but typically they were not separated. In 2005,

President Bush began Operation Streamline, which prosecuted illegal immigrants, but he

exempted families with children (Chiquillo, 2018). In 2014, President Obama faced a surge of

illegal immigration from Central America as mothers and children streamed across the border,

fleeing widespread gang violence in their home countries (Chiquillo, 2018). President Obama

added more family detention centers in an attempt to keep families together.

The “zero tolerance” policy which led to family separation at the border, caused a major

political backlash, with Democrats and many Republicans pulling their support (Allen, 2018). In

response to Trump’s policy Dianne Feinstein, Senator from California, introduced S. 3036 Keep

Families Together Act in the Senate on June 7th, 2018 (The Library of Congress, 2018). The bill

has been read twice and referred to the Committee on the Judiciary (The Library of Congress,

2018).

Description of the Problems that Necessitated the Policy

ANALYSIS OF S. 3036 10

Thousands of illegal migrants pass through the United States southern border daily so

that the number of undocumented immigrants living in the U.S. has risen to approximately 11

million (Hayes, 2018). Approximately 50 percent of illegal immigrants are from Mexico with the

remaining 50 percent coming from Central American countries such as Guatemala, Honduras

and El Salvador (Leutert, 2018). Migrants fleeing from these Central American countries do so

in an attempt to escape desperate poverty, gangs, drug cartels, and violence found in their home

countries. Honduras in particular has one of the highest murder rates in the world, and faces

issues with drug wars and corruption, as well as gang violence (BBC News, 2018).

Under President Trump’s “zero tolerance” policy, the U.S. government began separating

families seeking asylum at the border who had crossed over illegally. Children in these situations

were labeled as ‘unaccompanied minors’ and placed into government custody (Lind, 2018).

Between October 1st, 2017, and May 31st, 2018, at least 2,700 children were separated from their

families, with an average of 45 children taken from their parents each day (Lind, 2018). The

family separation process provoked a great deal of anger and confusion. In addition, some

federal defenders have claimed that border agents were commonly lying to parents about why

and how long they were going to be separated from their children. The language barrier only

contributed to the problem (Stringer, 2018).

Description of the Policy

S. 3036 Keep Families Together Act prohibits the removal of a child under the age of 18

with no permanent immigration status from a parent or legal guardian at or near the port of entry

or within 100 miles of the United States border (The Library of Congress, 2018). Legal grounds

for removal of children under this act include when 1) an authorized state court has determined

that it is in the child’s best interests to be removed because of abuse or neglect, or 2) there is a
ANALYSIS OF S. 3036 11

finding that the child is a trafficking victim or at significant risk of becoming a victim (The

Library of Congress, 2018). The act clearly states that “an agency may not remove a child from

the parents or legal guardian solely for the policy goals of deterring migration to the United

States or of promoting immigration law compliance” (The Library of Congress, 2018, para. 2).

The act also states that it is (1) in favor of family and sibling unity and parental rights, and (2)

that detention is not in the best interests of families and children (The Library of Congress, 2018,

para. 3). This act requires the Government Accountability Office to conduct a study on the

prosecution of asylum seekers and seeks to limit criminal prosecution for those needing asylum.

The bill also calls for increased child welfare training, as well as adding specific procedures for

separated families (U.S. House Committee on the Judiciary, 2018).

S. 3036 Keep Families Together Act protects children under the age of 18 and provides

the opportunity for them to stay with parents or legal guardians while a decision is being made

regarding their family’s immigration status (Stringer, 2018). Children are to be assessed after

crossing the border by the Department of Health and Human Services and families are to stay

together while they await status hearings. S. 3036 Keep Families Together Act is a federal bill, so

that the majority of the responsibility to implement the act rests on the Department of Homeland

Security, the Department of Justice, and the Department of Health and Human Services (The

Library of Congress, 2018).

In addition to the requirements outlined above, this bill requires that border officers and

agents complete child welfare training annually in order to increase the effectiveness of the

policy overall. Port Directors and Chief Border Agents must complete an additional 90 minutes

of child welfare training in order to make good decisions on family separations when necessary

(U.S. House Committee on the Judiciary, 2019). The Department of Health and Human Services
ANALYSIS OF S. 3036 12

is required to implement policies and procedures that allow families to locate each other in the

event of a separation, written in both Spanish and English. In cases of separation, the Department

of Health and Human Services must provide weekly reports from children to their parents, and

allow for regular communication. This policy also requires a report regarding the separation of

families every six months (U.S. House Committee on the Judiciary, 2019).

The policy S. 3036 Keep Families Together Act rests on the understanding of the trauma

that is caused when families are separated (Law, 2018). The American Academy of Pediatrics

(AAP) has confirmed that long and unexpected separations such as the ones occurring at the

border cause great harm.

Policy Analysis

S. 3036 Keep Families Together Act must survive a rigorous legal process to become law,

with many checks and balances in place in order to ensure the legality of its provisions (Karger

& Stoesz, 2018, p. 168). Since there is no law requiring that children be removed or separated

from parents simply because the parents are seeking safety or a better life in the United States,

this proposal is within legal parameters as well (NAACP, 2018).

Children are among the most vulnerable members of society and so need protection and

care. This legislation was developed in careful consultation with child welfare experts, including

the American Academy of Pediatrics, to ensure that the government upholds its commitment to

act in the best interest of children (NAACP, 2018). This bill promotes the best interests of

children by avoiding the trauma caused by separating minors from their parents and siblings (The

Library of Congress, 2018). Research has shown that long or unexpected separations of children

from parents can cause anxiety and depression, as well as post-traumatic stress disorder for both

children and parents (Stringer, 2018). Separations can also cause dysregulation of children,
ANALYSIS OF S. 3036 13

attachment problems and self-harming behaviors. Institutional environments have also been

shown to cause irreversible changes in the brains of young children, evidencing in issues such as

poor executive function, impaired working memory, inhibition control and cognitive flexibility

(Stringer, 2018). S. 3036 Keep Families Together Act provides for both just and equal treatment

of families, offering them a better short term and long term quality of life (NAACP, 2018).

S. 3036 Keep Families Together Act protects parental rights and safeguards the bond

between parents and children, as well as siblings (The Library of Congress, 2018). It offers the

opportunity of shelter and safety while awaiting status hearings and provides fair treatment for

those seeking asylum and a better life in the United States (Gramlich, 2019). Research shows

that Americans are very divided in their understanding and feelings about illegal immigrants.

While some Americans view immigrants as intruders, in reality, most immigrants are coming to

the United States in an attempt to escape crime and poverty in their home countries and to

provide a better life for their families (Hayes, 2018).

S. 3036 Keep Families Together Act is consistent with the values of social work, as

expressed by the NASW Code of Ethics (National Association of Social Workers, 2017). It

correlates well with service, helping people in need and addressing social problems, as well as

challenging the social injustice of separating children from parents (principle 1, Service,

principle 2, Social Justice, NASW, 2017). This act also reflects the core belief that each person

has inherent dignity and worth and deserves to be treated with respect and equality (principle 3,

Dignity and Worth of the Person, NASW, 2017). Keep Families Together Act acknowledges the

importance and value of human relationships since it protects and nurtures the valuable bonds

within the family unit (principle 4, Importance of Human Relationships, NASW, 2017). The act

promotes clients’ rights to self-determination, as well as respecting and practicing cultural

ANALYSIS OF S. 3036 14

awareness and understanding of social diversity and how it affects thinking and behavior

(standard 1.02, Self-Determination, standard 1.05, Cultural Awareness and Social Diversity,

NASW, 2017).

S. 3036 Keep Families Together Act is politically feasible because all parties

recognize the need to keep families together (Fox, 2018). There is a general understanding that

family separation is unfair, unwise, and causes trauma to everyone involved. As most

Republicans and Democrats disagree with the policy of family separation this is the right

political climate to get a bill passed to end this practice (Fox, 2018). Additionally, the Keep

Families Together Act is also economically feasible because there is actually a much higher cost

to separating migrant families than keeping them together (Sathish, 2018). For example, ‘tent

cities’ for separated children are much more expensive than keeping families in a detention

center together (Atkin, 2018). Holding children away from their parent costs as much as $775

per night, while holding families together costs $298 per night (Sathish, 2018). The policy of

separating families could cost taxpayers as much as $327 million per year (Gruberg, Podkul, &

Wolgin, 2018).

Finally, S. 3036 Keep Families Together Act is administratively feasible because the

necessary administration is already in place at the border to handle the process. In addition, it is

actually more efficient and simpler to keep parents in charge of their children (The Library of

Congress, 2018). The policy will prove effective because specific reports are required to update

the process and annual child welfare training is required to ensure that the best interests of

children are protected (The Library of Congress, 2018). The Republicans have proposed an

alternative policy called Keep Families Together and Enforce the Law Act, which would keep
ANALYSIS OF S. 3036 15

families together but potentially lengthen the time families spend in detention (GovTrack.us,

2018).

After careful analysis of S. 3036 Keep Families Together Act, it appears to adhere well to

the Karger and Stoesz policy criteria, which judges a policy based on how well it aligns itself

with the values of professional social work (Karger & Stoesz, 2018). The policy acknowledges

the trauma that children face when they are separated from their parents and siblings. It also

underscores the need for border agents to receive training about trauma, which shows an

understanding that children are vulnerable and in need of care and protection. This policy, above

all else, preserves the bond between family member and respects the value of those relationships,

reflecting at its heart the core values and ethical standards of the NASW Code of Ethics (National

Association of Social Workers, 2017). S. 3036 Keep Families Together Act is a bill that I fully

support and will continue to follow.

ANALYSIS OF S. 3036 16

References

Allen, J. (2018, June 21). Why Trump was forced to back down on family separation policy.

Retrieved from https://www.nbcnews.com/politics/white-house/why-trump-was-forced-

back-down-family-separation-policy-n885146

The Annenberg Public Policy Center. (2019, January 10). Illegal Immigration Statistics –

FactCheck.org. Retrieved from https://www.factcheck.org/2018/06/illegal-immigration-

statistics/

Atkin, E. (2018). Trump's Policy of Breaking Up Migrant Families Is Costing Taxpayers a

Fortune. Retrieved from https://newrepublic.com/minutes/149220/mind-boggling-cost-

breaking-migrant-families

BBC News. (2018, November 26). What is the migrant caravan heading to US? Retrieved from

https://www.bbc.com/news/world-latin-america-45951782

Chiquillo, J. (2018, June 18). How Trump's zero-tolerance policy differs from the ways Bush and

Obama treated immigrant families. Retrieved from

https://www.dallasnews.com/news/immigration/2018/06/18/trumps-zero-tolerance-

policy-differs-ways-bush-obama-treated-immigrant-families

Fox, L. (2018, June 19). Senate Republicans did not want another immigration fight. Now they

might not have a choice. Retrieved from https://edition.cnn.com/2018/06/18/politics/senate-

republicans-family-separation/index.html

GovTrack.us. (2018, June 26). Keep Families Together and Enforce the Law Act would end

family separation at the border ? but? Retrieved from https://govtrackinsider.com/keep-

families-together-and-enforce-the-law-act-would-end-family-separation-at-the-border-but-4b122399d2b1
ANALYSIS OF S. 3036 17

Gramlich, J. (2019, January 16). How Americans see illegal immigration, the border wall and

political compromise. Retrieved from http://www.pewresearch.org/fact-

tank/2019/01/16/how-americans-see-illegal-immigration-the-border-wall-and-political-

compromise/

Gruberg, S., Podkul, J., & Wolgin, P. (2017, April 3). Separating Mothers from their Children at

the Border Is Wrong and Costly - Center for American Progress. Retrieved from

https://www.americanprogress.org/issues/immigration/news/2017/03/13/427970/separati

ng-mothers-children-border-wrong-costly/

Hayes, C. (2018, June 25). Thousands of immigrants pass through the southern border. Why are

they fleeing their home countries? Retrieved from

https://www.usatoday.com/story/news/2018/06/25/immigrant-family-separation-why-flee-home-

countries/729013002/

Karger, H. J., & Stoesz, D. (2018). American Social Welfare Policy: A Pluralist Approach.

Boston, MA: Allyn and Bacon.

Law, T. (2018, December 27). Children in Border Patrol Custody Are Still at Risk Despite New

Guidelines, Pediatricians Say. Retrieved from http://time.com/5489204/migrant-children-

guidelines-health/

Leutert, S. (2018, June 27). Who's Really Crossing the U.S. Border, and Why They're Coming.

Retrieved from https://www.lawfareblog.com/whos-really-crossing-us-border-and-why-

theyre-coming

The Library of Congress. (2018, June 7). S.3036 - 115th Congress (2017-2018): Keep Families

Together Act. Retrieved from https://www.congress.gov/bill/115th-congress/senate-

bill/3036?q=%7B%22search%22%3A%5B%22keep+families+together+act%22%5D%7
ANALYSIS OF S. 3036 18

Lind, D. (2018, August 14). The Trump administration's separation of families at the border,

explained. Retrieved from https://www.vox.com/2018/6/11/17443198/children-

immigrant-families-separated-parents

NAACP. (2018, June 18). NAACP | Urgent: Tell Congress to Pass the Keep Families Together

Act Now! Retrieved from https://www.naacp.org/latest/need-keep-families-together/

National Association of Social Workers (NASW). (approved 1996, revised 2017). Code

of ethics of the National Association of Social Workers. Washington, DC: NASW.

Retrieved from http://www.socialworkers.org/pubs/code/default.asp.

The National Academies Press. (2019). FISCAL EFFECTS | Local Fiscal Effects of Illegal

Immigration: Report of a Workshop | The National Academies Press. Retrieved from

https://www.nap.edu/read/5516/chapter/4

Nilsen, E. (2018, June 19). The Democratic Senate bill that would stop family separations,

explained. Retrieved from https://www.vox.com/policy-and-

politics/2018/6/19/17478656/keep-families-together-act-dianne-feinstein-senate-

democrats-republicans-family-separation

Rhodan, M. (2018, June 18). Here Are the Facts About President Trump's Family Separation

Policy. Retrieved from http://time.com/5314769/family-separation-policy-donald-trump/

Sathish, M. (2018, June 20). Separating Migrant Kids From Families Isn't Just Devastating ? It

Also Costs A Ton. Retrieved from https://www.bustle.com/p/the-cost-of-separating-migrant-

families-vs-keeping-them-together-is-extraordinary-9509039

Stringer, H. (2018, September). Psychologists Respond to a Mental Health Crisis at the Border.
ANALYSIS OF S. 3036 19

Retrieved from https://www.apa.org/news/apa/2018/border-family-separation

U.S. House Committee on the Judiciary. (2018). Fact Sheet: Keep Families Together Act.

Retrieved from

https://judiciary.house.gov/sites/democrats.judiciary.house.gov/files/Fact%20Sheet%20

Keep%20families%20together%20act.pdf

U.S. House Committee on the Judiciary. (2019, January 14). Nadler Introduces Keep Families

Together Act and Sends Letters to DHS, DOJ, and HHS Demanding Answers Regarding

Family Separation Policy. Retrieved from https://judiciary.house.gov/news/press-releases/nadler-

introduces-keep-families-together-act-and-sends-letters-dhs-doj-and-hhs

Valeii, K. (2018, August 28). What Viral Reunification Videos Reveal About the Trauma of

Separated Immigrant Children. Retrieved from https://psmag.com/social-justice/what-

viral-reunification-videos-reveal-about-the-trauma-of-separated-immigrant-children