[Pnews] Family Separations at Border Constitute Torture, New Report Claims
Prisoner News
ppnews at freedomarchives.org
Tue Feb 25 15:35:58 EST 2020
https://theintercept.com/2020/02/25/family-separations-border-torture-report/
Family Separations at Border Constitute Torture, New Report Claims
John Washington - February 25, 2020
------------------------------------------------------------------------
_The separation of_ families by U.S. immigration officials at the
U.S.-Mexico border amounts to torture, according to a group of medical
and human rights experts that performed psychological evaluations of
asylum-seekers. Their report for Physicians for Human Rights, a
U.S.-based nonprofit that investigates human rights violations around
the world, found that the policy of family separation — which officially
ended in the summer of 2018 but continues today
<https://theintercept.com/2019/12/09/family-separation-policy-lawsuit/>
— “constitutes cruel, inhuman, and degrading treatment.” In other words:
torture.
As far as we know, as of last December, over 5,500 children had been
forcibly separated from their parents under a policy first implemented
in 2017 and drastically expanded in 2018
<https://theintercept.com/2018/06/19/children-separated-from-parents-family-separation-immigration/>
as part of the Trump administration’s so-called zero tolerance crackdown
on the border. In their investigation, “You Will Never See Your Child
Again: The Persistent Psychological Effects of Family Separation
<https://phr.org/our-work/resources/you-will-never-see-your-child-again-the-persistent-psychological-effects-of-family-separation/>,”
PHR evaluated 17 adults and nine children from Central America who had
been separated between 60 and 69 days. All of the parents reported
already having suffered trauma in their home countries, and feared that
their children would be harmed or killed if they remained or returned.
And so, in search of protection, they fled.
Instead of finding safety or refuge in the United States, however, they
were met with new abuses, and further trauma. Children were “forcibly
removed from [parents’] arms” or simply “disappeared” while their
parents were taken to court. Some of the parents were then taunted and
mocked by U.S. immigration officials when they asked after their
children. The subsequent shock, terror, and grief was not only expected,
but intentional — designed to push parents into giving up their asylum
cases
<https://theintercept.com/2018/09/25/family-separation-border-crossings-zero-tolerance>.
“U.S. officials intentionally carried out actions causing severe
pain and suffering, in order to punish, coerce, and intimidate
Central American asylum seekers to give up their asylum claims.”
“U.S. officials intentionally carried out actions,” the report explains,
“causing severe pain and suffering, in order to punish, coerce, and
intimidate Central American asylum seekers to give up their asylum
claims.” That intentionality is a key factor that the report leans on to
make the argument that the abuse meets the legal standard for torture.
A mother from El Salvador recalled the “nightmare” when officers woke
her at 2 a.m. and interrogated her in front of her daughter. “They told
her she had broken the law and hence she would be arrested. They
handcuffed her in front of her daughter and then proceeded to take her
daughter to another room.”
Another mother from El Salvador recounted asking a U.S. official why her
daughter was being taken away from her. The official reportedly
responded that her daughter “was going to be adopted by an American
family and that [she] would be deported and that she would never see her
daughter again,” according to the report. Another mother whose daughter
was taken from her was told she should “learn to deal with it.”
PHR clinicians chronicled that all those they interviewed exhibited
symptoms and behaviors consistent with trauma: confusion, constant
worry, crying a lot, having difficulty sleeping and eating, nightmares,
depression, overwhelming anxiety, panic, and despair. Parents described
feeling “pure agony” and being “incredibly despondent.” One mother
reported that she felt she was in a “black hole.”
Children, too, exhibited regression in age-appropriate behaviors,
including excessive crying, refusing to eat, nightmares and other
sleeping difficulties, loss of developmental milestones, as well as
clinging to parents and feeling scared following reunification. All but
two of the children and two of the adults who were evaluated showed
signs of suffering post-traumatic stress disorder.
The consequences of torture, especially the torture of children, are
severe and long-lasting. Children who have undergone torture “have
higher rates of chronic medical conditions such as cardiovascular
disease, cancer, and premature death,” the report notes. “In addition,
there is an increased risk of psychiatric disorders such as anxiety,
depression, and psychosis, and of detrimental coping behaviors such as
smoking and the use of alcohol or drugs.”
The consequences have “a domino effect,” especially in children, said
Dr. Ranit Mishori, a senior medical adviser for PHR, influencing overall
“health, mental health, cognition, behavior.” Such trauma in children
can actually physically alter the structure of the brain, as well as
DNA, Mishori explained. She cited evidence of children who had been
separated suffering severe regression even more than a year after they
had been reunited with their family.
The doctor cited evidence of children who had been separated
suffering severe regression even more than a year after they had
been reunited with their family.
Hundreds of the children who were separated were preverbal, and the
report concluded that the U.S. government taking them from their parents
amounted to “endangering children’s very right to their names and
identities, a serious violation of children’s rights.” The United States
is the only member of the United Nations that is not party to the
Convention on the Rights of the Child, signed in New York in 1989.
For the purposes of the report, PHR followed the Istanbul Protocol: the
United Nations guidelines for assessing and documenting torture. The
official U.N. definition of torture is an act that causes severe
physical or mental suffering, done intentionally, for the purpose of
coercion, punishment, intimidation, or for a discriminatory reason, by a
state official or with state consent or acquiescence. The decision to
label this particular set of cruelties as torture was “not something we
took lightly,” Mishori told The Intercept. The organization consulted
with United Nations experts on torture and carefully considered the
legal definition.
“Part of calling this torture,” Mishori said, “is about accountability.”
PHR is calling for reparations for the people who were harmed,
specifically in the form of mental health treatment. People who were
deported likely received no specialized attention at all. Those who
remain in the U.S. may have gotten help from nonprofits or
government-sponsored programs, but a recent Washington Post
investigation
<https://www.washingtonpost.com/graphics/2020/national/immigration-therapy-reports-ice/>
revealed that some therapists working in immigrant detention centers
share information about their clients with Immigrations and Customs
Enforcement, or ICE, which can then use details against them in their
cases. PHR isn’t calling for an international court to take up the case,
at least not yet, but they do want an “internal reckoning,” Mishori
said, especially for those who designed and implemented the policy.
PHR also concluded that the policy of family separation constitutes
enforced disappearance, “which occurs when state agents conceal the fate
or whereabouts of a person who is deprived of liberty.” A recent article
from Reveal <https://www.revealnews.org/article/the-disappeared/>,
giving disturbing substance to PHR’s claim, detailed the story of a
10-year-old girl who was separated from her family and then disappeared
into the shelter system for six years, during which her family had no
idea where she was.
In all of the cases examined in the PHR report, there was at least one
period where parents had no idea where their children were, were unable
to contact them, and “had no assurance of, or timeline for, eventual
contact or reunification.”
One of the recommendations in the report is simply to stop family
separations. The government has been ordered to do just that: Trump
signed an executive order on June 20, 2018, and a federal judge issued a
nationwide injunction on the policy six days later. Yet loopholes were
left in place to allow the practice to continue
<https://theintercept.com/2019/12/09/family-separation-policy-lawsuit/>
in certain situations, and at least 1,142 children have been separated
since the official end to the policy. That is, according to PHR, another
1,142 children tortured by the U.S. government.
--
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