Should Victims of the Family Separation Policy Be Granted Legal Resident Status & a Path to Citizenship? (H.R. 883)

What is H.R. 883?

(Updated April 8, 2020)

This bill, the Families Belong Together Act, would seek to redress the harms committed against victims of last year’s family separation policy by giving them a path to legal status and eventual U.S. citizenship. Specifically, it would grant all affected children and their parents or legal guardians currently outside the U.S. the opportunity to return to live in the U.S. and the ability to adjust their status to Lawful Permanent Resident (LPR) status. It’d also provide all affected children and their parents or legal guardians who haven’t committed serious criminal offenses a path to citizenship. Finally, it’d increase funding for federal programs to educate eligible children and their parents on their legal rights and help facilitate their access to counsel.

Argument in favor

Last summer’s family separation policy was cruel and inhumane. Granting the victims of that policy legal residency in the U.S., along with a path to citizenship, is the least the U.S. can do to try to make amends.

Argument opposed

The people detained under the family separation policy were unauthorized immigrants — they shouldn’t be given legal status and a pathway to citizenship simply because they were apprehended and separated.

Impact

Families separated under the family separation policy; and immigration law.

Cost of H.R. 883

A CBO cost estimate is unavailable.

Additional Info

In-Depth: Rep. Joaquin Castro (D-TX) introduced this bill to put the victims of the Trump administration’s “zero tolerance” policy on a path to legal status and eventual U.S. citizenship:

“The Trump Administration’s zero-tolerance immigration policy sparked a humanitarian crisis that led to the separation of migrant children from their families. Given the latest report from the U.S. Department of Health and Human Services’ Office of the Inspector General that said thousands more were separated than previously know, we must hold this Administration accountable for rectifying this tragedy that will inevitably leave a dark stain on America’s history. While the trauma of this policy will leave a lasting impact on those affected, the Families Belong Together Act seeks to bring a modicum of justice by helping parents and children achieve lawful permanent resident status and authorizing money to help educate them on their legal rights as they enter the immigration process. We must prioritize the respect and dignity of those fleeing to our borders from violence and oppression, and this legislation is a first step towards doing just that.”

Sen. Richard Blumenthal (D-CT), the sponsor of the Senate version of this bill, called this bill the first step towards righting the wrong of family separation:

“This bicameral bill would provide the victims of the Trump Administration’s barbaric family separation policy with legal status and a path to citizenship to ensure that they receive treatment for the trauma they experienced and the opportunity to rebuild their families in safety. This bill is a necessary first step towards righting the wrong of family separation, but it is not the last step. I will continue to demand that every Administration official responsible for this cruel policy and its cover-up is held accountable. We must never again forget the simple and enduring truth that families belong together.”

This bill has six cosponsors, all of whom are Democrats. The Senate version of this bill, sponsored by Sen. Richard Blumenthal (D-CT), has no cosponsors.

This bill has the support of the National Immigrant Justice Center, Moms Rising, the Asian Pacific Institute on Gender-Based Violence, Fair Immigration Reform Movement, and Kids in Need of Defense (KIND).

Of Note: Over 2,500 children were separated from their families at the southern border in summer 2018. However, a recent Office of the Health and Human Services (HHS) Inspector General report found that the Trump administration separated thousands more children from their families than was previously known, and reported that just how many families and children were affected is “unknown.”

Media:

• Sponsoring Rep. Joaquin Castro (D-TX) Press Release
  
• NewsOK
  
• Daily Kos (Context)