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Original Date Announced
April 6, 2018Attorney General Sessions issues a memo establishing a new "zero tolerance policy" for illegal entry along the Southwest border. Under the policy, US Attorneys Offices will prosecute all offenses under 8 U.S.C. section 1325(a) referred to DOJ by DHS. [ID #324]
DOJ Memorandum for Federal Prosecutors Along the Southern Border: Zero-Tolerance for Offenses Under 8 U.S.C. §1325(a)Effective Date
April 6, 2018Subsequent Trump and Court Action(s)
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June 15, 2018
DHS Fact Sheet: Zero Tolerance Immigration Prosecutions - Families
Zero-tolerance continues to lead to significant prosecutions of individuals crossing the border.
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June 18, 2018
DHS "Myths vs. Facts"
"In recent days, we have seen reporters, Members of Congress, and other groups mislead the public on the Department of Homeland Security’s (DHS) zero-tolerance policy. Federal law enforcement officers have sworn duties to enforce the laws that Congress passes. Repeating intentionally untrue and unsubstantiated statements about DHS agents, officers, and procedures is irresponsible and deeply disrespectful to the men and women who risk their lives every day to secure our border and enforce our laws."
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July 18, 2018
The Tri-Department Plan for Stage II of Family Reunification
DHS, HHS and DOJ release joint plan for reunifying 2,551 children and their parents who were separated pursuant to the Zero Tolerance policy, as well as children and parents separated at the border for other reasons, as ordered by Judge Sabraw in Ms. L. v. ICE (S.D. Cal. 3:18-cv-00428). The plan requires background checks, parentage confirmation, and child safety assessments to reunite these families. [ID #82]
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March 28, 2019
Trump Administration Curtailment of Zero Tolerance
On March 28, 2019, the Trump administration announced a decision to curtail a key component of its "zero tolerance" immigration policy. Along a busy stretch of West Texas, ICE and CBP will no longer charge first-time illegal border crossers with a crime. The change does not affect any other enforcement area.
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June 2, 2021
2021.06.02 Initial Progress Report: Interagency Task Force on the Reunification of Families
Data from the June 2, 2021, Initial Progress Report from the Biden administration's Interagency Task Force on the Reunification of Families shows that the Trump administration's CBP used family separation and zero tolerance policies earlier than previously believed, specifically in Yuma, Arizona.
View Document
Biden Administration Action: Revoked/Replaced
January 26, 20212021.01.26 Rescinding the Zero-Tolerance Policy for Offenses Under 8 U.S.C. § 1325(a)
This Biden administration policy revokes the Trump-era policy identified in this entry.
On Jan. 26, 2021, Acting Attorney General Monty Wilkinson issued a memo rescinding the zero tolerance policy.
View DocumentCurrent Status
Not in effectMost Recent Action
January 26, 2021 Action: Revoked/Replaced 2021.01.26 Rescinding the Zero-Tolerance Policy for Offenses Under 8 U.S.C. § 1325(a)January 26, 2021Acted on by Biden Administration
Original Trump Policy Status
Status: Final/ActualTrump Administration Action: Agency DirectiveSubject Matter: BorderAssociated or Derivative Policies
Pre Trump-Era Policies
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May 15, 2015
Since 2005, Operation Streamline sought to facilitate prosecution of individuals who had crossed the border without authorization.
DHS OIG - Operation Streamline: Measuring Its Effect on Illegal Border Crossing -
January 11, 2016
The Family Case Management Program, implemented on January, 21, 2016, was an alternative to detention initiative that referred families with children to qualified case managers and promoted participant compliance with their immigration obligations.
Fact Sheet: Stakeholder Referrals to the ICE/ERO Family Case Management Program
Documents
Trump-Era Policy Documents
Biden Administration Policy Documents
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Biden Administration Action
Original Source:
Rescinding the Zero Tolerance Policy
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Commentary
New York Times: Trump Administration ramps up 'zero tolerance' policy
Go to articleCNBC: Tougher enforcement policy will separate more families
Go to articleNew York Times: 'Zero Tolerance' surprised federal agencies
The Department of Homeland Security, which apprehends border crossers, and the Department of Health and Human Services, which cares for separated migrant children, were both caught off guard when Attorney General Jeff Sessions announced plans to criminally prosecute anyone who crossed the border illegally, the [GAO] report said. Report at https://www.gao.gov/products/GAO-19-163.
Go to articleThe Trump administration used an early, unreported program to separate migrant families along a remote stretch of the border
As reported by the Washington Post: "In May 2017, Border Patrol agents in Yuma, Ariz., began implementing a program known as the Criminal Consequence Initiative, which allowed for the prosecution of first-time border crossers, including parents who entered the United States with their children and were separated from them.
From July 1 to Dec. 31, 2017, 234 families were separated in Yuma, according to newly released data from the Department of Homeland Security, almost exactly the same number as were separated in a now well known pilot program in El Paso that year. Because the Yuma program began in May, and the existing data on family separations begins only in July, the number of separations there was likely higher than 234, a prospect the Biden administration is now investigating."
Go to articleThe Secret History Of Family Separation
Go to article