Please ensure Javascript is enabled for purposes of website accessibility
AP Exclusive: DOJ Rescinds ‘Zero Tolerance’ Immigration Rule
gvw_ap_news
By Associated Press
Published 4 years ago on
January 27, 2021

Share

WASHINGTON — The Justice Department on Tuesday rescinded a Trump-era memo that established a “zero tolerance” enforcement policy for migrants crossing the U.S.-Mexico border illegally, which resulted in thousands of family separations.

Acting Attorney General Monty Wilkinson issued the new memo to federal prosecutors across the nation, saying the department would return to its longstanding previous policy and instructing prosecutors to act on the merits of individual cases.

“Consistent with this longstanding principle of making individualized assessments in criminal cases, I am rescinding — effective immediately — the policy directive,” Wilkinson wrote.

Wilkinson said the department’s principles have “long emphasized that decisions about bringing criminal charges should involve not only a determination that a federal offense has been committed and that the admissible evidence will probably be sufficient to obtain and sustain a conviction, but should also take into account other individualized factors, including personal circumstances and criminal history, the seriousness of the offense, and the probable sentence or other consequences that would result from a conviction.”

The “zero tolerance” policy meant that any adult caught crossing the border illegally would be prosecuted for illegal entry. Because children cannot be jailed with their family members, families were separated and children were taken into custody by Health and Human Services, which manages unaccompanied children at the border.

While the rescinding of “zero tolerance” is in part symbolic, it undoes the Trump administration’s massively unpopular policy responsible for the separation of more than 5,500 children from their parents at the U.S-Mexico border. Most families have not been prosecuted under zero tolerance since 2018, when the separations were halted, though separations have continued on a smaller scale. Practically, the ending of the policy will affect mostly single men who have entered the country illegally.

“While policies may change, our mission always remains the same: to seek justice under the law,” Wilkinson wrote in the memo, which was obtained by The Associated Press.

The Policy Was a Disaster; There Was No System Created to Reunite Children With Their Families

President Joe Biden has issued an executive order to undo some of Trump’s restrictive policies, but the previous administration has so altered the immigration landscape that it will take quite a while to untangle all the major changes. Some of the parents separated from their children were deported. Advocates for the families have called on Biden to allow those families to reunite in the United States.

Then-Attorney General Jeff Sessions, along with Trump and other top leaders in his administration, were bent on curbing immigration. The “zero tolerance” policy was one of several increasingly restrictive policies aimed at discouraging migrants from coming to the Southern border. Trump’s administration also vastly reduced the number of refugees allowed into the U.S. and all but halted asylum at the border, through a combination of executive orders and regulation changes.

The policy was a disaster; there was no system created to reunite children with their families. A report from the Justice Department’s inspector general, released earlier this month, found that the policy led to a $227 million funding shortfall. Children suffered lasting emotional damage from the separations, and the policy was criticized as grossly inhumane by world leaders.

The policy began April 6, 2018, under an executive order that was issued without warning to other federal agencies that would have to manage the policy, including the U.S. Marshals Service and Health and Human Services. It was halted June 20, 2018. A federal judge ordered the families to be reunited.

The watchdog report also found that Sessions and other top officials knew the children would be separated under the policy and encouraged it. Justice officials ignored concerns from staff about the rollout and did not bother to set up a system to track families in order to reunite them. Some children are still separated.

RELATED TOPICS:

DON'T MISS

‘Once in a Lifetime’ Snow Hits Parts of the US South

DON'T MISS

Trump Temporarily Halts Leasing and Permitting for Wind Energy Projects

DON'T MISS

Fresno Man Who Dealt Deadly Fentanyl Pill Gets 80-Month Prison Term

DON'T MISS

What’s Next for EVs as Trump Moves to Revoke Biden-Era Incentives?

DON'T MISS

US Throws out Policies Limiting Arrests of Migrants at Sensitive Locations like Schools, Churches

DON'T MISS

Visalia Police Find Man Shot Near Shopping Center. Tips Sought.

DON'T MISS

Convicted Jan. 6 Rioter Benjamin Martin Still Going to Prison

DON'T MISS

Is Lawsuit on Planned Reedley Job Center a ‘Shakedown’?

DON'T MISS

Much of the Damage from the LA Fires Could Have Been Averted

DON'T MISS

CA Sued the Tar Out of Trump the First Time Around. How Did It Do?

UP NEXT

Israel’s Top General Resigns over Oct. 7 Failures, Adding to Pressure on Netanyahu

UP NEXT

Musk’s Straight-Arm Gesture Embraced by Right-Wing Extremists

UP NEXT

Facing Setbacks and Desertions at the Front, Ukraine Detains Commanders

UP NEXT

Palestinians Confront a Landscape of Destruction in Gaza’s ‘Ghost Towns’

UP NEXT

Trump’s Executive Orders: Reversing Biden’s Policies

UP NEXT

Canada Relieved Trump Doesn’t Impose Tariffs on the Major US Trading Partner on First Day

UP NEXT

Ceasefire: Hamas Returns 3 Israeli Hostages, Israel Frees 90 Palestinian Prisoners

UP NEXT

Trump Returns to Power After Unprecedented Comeback, Emboldened to Reshape US

UP NEXT

Trump to Release Records on the Assassinations of the Kennedys and Martin Luther King

UP NEXT

Walmart Breaks into Luxury Resale Market, Will Offer Chanel, Fendi, Prada, Other Brands

What’s Next for EVs as Trump Moves to Revoke Biden-Era Incentives?

47 minutes ago

US Throws out Policies Limiting Arrests of Migrants at Sensitive Locations like Schools, Churches

52 minutes ago

Visalia Police Find Man Shot Near Shopping Center. Tips Sought.

1 hour ago

Convicted Jan. 6 Rioter Benjamin Martin Still Going to Prison

2 hours ago

Is Lawsuit on Planned Reedley Job Center a ‘Shakedown’?

2 hours ago

Much of the Damage from the LA Fires Could Have Been Averted

4 hours ago

CA Sued the Tar Out of Trump the First Time Around. How Did It Do?

4 hours ago

Israel’s Top General Resigns over Oct. 7 Failures, Adding to Pressure on Netanyahu

4 hours ago

Musk’s Straight-Arm Gesture Embraced by Right-Wing Extremists

5 hours ago

A Heavy Favorite Emerges in the Race to Lead the Democratic Party

5 hours ago

‘Once in a Lifetime’ Snow Hits Parts of the US South

A winter storm sweeping through the U.S. South on Tuesday was dumping snow at levels millions of residents haven’t seen before. Moistu...

13 minutes ago

People walk past the 1900 Storm memorial sculpture on Seawall Blvd. during an icy winter storm on Tuesday, Jan. 21, 2025 in Galveston, Texas. (Brett Coomer/Houston Chronicle via AP)
13 minutes ago

‘Once in a Lifetime’ Snow Hits Parts of the US South

The five turbines of Block Island Wind Farm operate, Dec. 7, 2023, off the coast of Block Island, R.I., during a tour organized by Orsted. (AP File)
41 minutes ago

Trump Temporarily Halts Leasing and Permitting for Wind Energy Projects

Photo of Mexican Oxy, fentanyl laced blue pills
41 minutes ago

Fresno Man Who Dealt Deadly Fentanyl Pill Gets 80-Month Prison Term

President Donald Trump talks about the Endurance all-electric pickup truck, made in Lordstown, Ohio, at the White House, Sept. 28, 2020, in Washington. (AP File)
47 minutes ago

What’s Next for EVs as Trump Moves to Revoke Biden-Era Incentives?

A Border Patrol truck rides along the border wall in Sunland Park, N.M., Tuesday, Jan. 21, 2025. (AP/Andres Leighton)
52 minutes ago

US Throws out Policies Limiting Arrests of Migrants at Sensitive Locations like Schools, Churches

Police are investigating after a man was found shot near a Visalia shopping center and transported to Kaweah Health.
1 hour ago

Visalia Police Find Man Shot Near Shopping Center. Tips Sought.

2 hours ago

Convicted Jan. 6 Rioter Benjamin Martin Still Going to Prison

2 hours ago

Is Lawsuit on Planned Reedley Job Center a ‘Shakedown’?

Help continue the work that gets you the news that matters most.

Search

Send this to a friend