The Trump administration is holding children hostage. They can call it \u201cfamily separation.\u201d They can say that it\u2019s meant as a \u201cdeterrent\u201d to illegal border crossings. But, bottom line, this is a hostage situation.<\/p>\n
It\u2019s ironic\u2014but not funny–that ICE agents and border patrol agents are yanking young children from the protective arms of their parents, many of whom are coming to the U.S. seeking asylum to protect their children from the harsh policies of other governments. They thought they were bringing their families to safety. Instead, they and their children are treated like criminals. Their only crime is trying to find a better life for their families.<\/p>\n
These deplorable actions, under the guise of \u201czero tolerance\u201d initiated by the Trump administration, can\u2019t help but trigger flashbacks to the brutal policies of regimes that the United States has condemned in the past:\u00a0 The Iran hostage crisis in 1979, for example. The worst image of all, of course, is the one that nobody wants to talk about: the concentration camps of Nazi Germany. I\u2019m not saying that it\u2019s a perfect parallel or the moral equivalent. But, seeing footage of children at our Southern border being pulled from their parents makes me shudder and conjures up images of \u201cSophie\u2019s Choice.\u201d<\/a><\/p>\n This new, cruel American policy is certainly wrong from a moral standpoint. Anyone with a shred of common sense\u2014or with young children or grandchildren of their own\u2014would recognize the pain that family separation would cause for parents and the emotional upheaval and damage it can cause for the children, for whom this is unfair, gratuitous punishment for crimes not committed. [They\u2019d recognize it if they bothered to think about it, that is. But thinking about the human consequences is not something that Donald Trump or, apparently, his political advisers and policymakers do.]<\/p>\n Indeed, it appears that Trump and Sessions put in place \u201czero tolerance\u201d not to meet a real problem, but as an expression of Trump\u2019s own xenophobia and as a promise-kept to the white supremacists and America-firsters of his political base. [That political ploy may or may not be working: One of Trump\u2019s staunchest media supporters\u2014right-wing Conservative pundit Hugh Hewitt\u2014recently questioned the necessity of such inhumane treatment in an interview with Attorney General Jeff Sessions<\/a>.]<\/p>\n It\u2019s worth noting, too, that the United Nations human rights office \u00a0has issued a statement\u00a0demanding the United States<\/a>\u00a0\u201cimmediately halt\u201d the policy of separating children from their families when they cross the border without proper immigration documentation.” A spokesperson for the U.N. High Commissioner for Human Rights, Ravina Shamdasani, said there is \u201cnothing normal about detaining children,\u201d and charged that \u201cborder control appears to take precedence over child protection and care in the U.S.,\u201d according to the Associated Press.<\/a> \u201cThe use of immigration detention and family separation as a deterrent runs counter to human rights standards and principles,\u201d Shamdasani said during a press briefing in Geneva, Switzerland. \u201cThe child\u2019s best interest should always come first.\u201d<\/p>\n [The U.N. High Commission For Human Rights usually issues these kinds of statements to countries that are brutalizing their citizens, engaging in torture and\/or violating areas of human rights guaranteed by the Universal Declaration of Human Rights, a founding document of the United Nations. That is now the company the U.S. is keeping, as a result of Trump\/Sessions’ family-separation policy.]<\/p>\n The moral depravity of family separation is clear. But what about its legality? I\u2019m not a lawyer, but I\u2019m wondering if family separation could be construed as a criminal act. To me, what is happening sounds a lot like kidnapping\u2014you might even call it institutional kidnapping. The online Legal Dictionary<\/a> \u00a0defines kidnapping as:<\/p>\n \u2026the crime of unlawfully seizing and carrying away a person by force or fraud, or seizing and detaining a person against his or her will with an intent to carry that person away at a later time.<\/p><\/blockquote>\n And what about false imprisonment? According to Wikipedia:<\/p>\n False imprisonment occurs when a person is restricted in their personal movement within any area without justification or consent. Actual physical restraint is not necessary for false imprisonment to occur. False imprisonment is a common-law felony and a tort. It applies to private as well as governmental detention.<\/p><\/blockquote>\n