Publication Date
4-2025
Document Type
Article
Abstract
Recent movements highlight a dual approach to resisting the horrific government policies of family separation and family detention. Capitalizing on xenophobic and racist hostilities, the policies created deep societal and political divides while igniting new levels of resistance in public protest and legal challenges. Although the Trump Administration’s targeting of migrant families was not a new strategy to deter migration to the U.S., the oppression of migrants through the Family Separation Policy has taken on a heightened level of moral depravity and unconstitutional infringement of due process rights, parental rights, and rights of children. For some traumatized families, these actions are the heart of the claims for civil relief. Moreover, the images and stories ignited public consciousness of the practice—though as is common, newer injustices and tragedies unfortunately minimize the ongoing assault on migrant families and children. As we endure a second Trump presidency, it is very likely that his administration will reinstate this depraved practice as a deterrent and punitive measure against migrant families and children. It is important that advocates prepare to challenge this reality.
Adding to my previous work about family detention and family separation, this Article examines the multi‑faceted advocacy against policies of family detention and family separation that target migrant families. Part I begins with the history of the detention of families and children and the family separation policies. Expounding on the history in contemporary times, this part shines a light on the first Trump Administration’s egregious actions, leading to the separation of children from their parents and caregivers. These policies directly resulted in migrant death and irreparable harm and trauma. This part then focuses on the effects of family separation under the Biden Administration, including the work of the Executive Family Reunification Task Force (Task Force), which was dedicated to investigating the separations, reuniting families, and strategizing so that separations do not occur again. Perhaps unsurprisingly, in 2025, the work continues to reunify separated families—albeit without the Task Force, which Trump disbanded in 2025.
Recommended Citation
Olivares, Mariela
(2025)
"The Migrant Family Separation Crisis: The Multifaceted Approach to End the Practice, Obtain Redress, and Prevent its Return,"
Mercer Law Review: Vol. 76:
No.
2, Article 8.
Available at:
https://digitalcommons.law.mercer.edu/jour_mlr/vol76/iss2/8