Ranking Member Nadler Gives Notice to Acting AG Whitaker, HHS Secretary Azar, & DHS Secretary Nielsen Demanding Answers on Family Separation Policies
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Today, Congressman Jerrold Nadler (D-NY), Ranking Member of the House Judiciary Committee, sent a letter to acting Attorney General Matthew Whitaker, Health and Human Services (HHS) Secretary Alex Azar, and Department of Homeland Security (DHS) Secretary Kirstjen Nielsen notifying them that the Committee will be conducting long-overdue oversight concerning the Administration's family separation and migrant detention policy, and of his expectation that their respective departments will respond to the backlog of unanswered questions and requests that Members have made. The Administration has been inconsistent in public statements on these issues, and multiple reports indicate that White House advisors refused to consult with government officials during the formulation, implementation, and execution of the "zero tolerance" policy. Ranking Member Nadler has indicated that in the next Congress, the House Judiciary Committee will examine the Administration's immigration and detention policies, the status of separated children and parents, and the longstanding damage these policies may have had on families detained by the U.S. government. November 20, 2018 The Honorable Matthew Whitaker The Honorable Kirstjen M. Nielsen The Honorable Alex M. Azar II Dear Acting Attorney General Whitaker, Secretary Nielsen, and Secretary Azar: As you are no doubt aware, Members of the House Judiciary Committee have written repeatedly to the Trump Administration to request briefings, information, and document preservation on matters related to family separation, migrant detention, and related policies on the border. To date, we have received little or no substantive response to any of these requests. In addition, your agencies have been-at best-inconsistent in your public statements on these issues. As we have cited in previous letters, Secretary Nielsen publicly stated there was no policy of family separation,[1] despite an executive order reversing this allegedly non-existent policy three days later. Multiple reports indicate that White House advisors refused to consult with career government officials in the relevant agencies during the formulation, implementation, and execution of the policy.[2] We are increasingly worried about the well-being and safety of the children in your facilities. The courts have found that the "government has no system in place to keep track of, provide effective communication with, and promptly produce alien children."[3] The DHS Office of Inspector General confirmed this in a September 2018 report, noting that "DHS was not fully prepared" to implement the Administration's policy; that "DHS also struggled to identify, track and reunite families;" and that DHS provided inconsistent information to migrants, resulting in parents being unable to communicate with their children.[4] The Administration has also prevented Members of Congress, the media, advocates, legal assistance providers, and public health providers from accessing your holding facilities. The total number of children still held by the government remains unclear.[5] I have read disturbing reports about forced drugging,[6] physical and sexual abuse, and psychological trauma.[7] Instead of providing a clear plan for family reunification, as each of you has promised, the Administration appears to have dedicated its resources towards transporting children from one facility to another in the dead of night.[8] In the next Congress, this Committee will examine the Administration's immigration and detention policies and the longstanding damage these policies may have had on families and children in your custody. To this end, I ask that you provide a complete response to each of the letters on these subjects sent to you by some or all of the Members of the House Judiciary Committee, including each of the following:
I ask that you respond to these outstanding requests no later than December 31, 2018. Thank you for your prompt consideration of these matters. Sincerely, _____ Rep. Jerrold Nadler cc: The Hon. Bob Goodlatte, Chairman, House Committee on the Judiciary [1] Sec. Kirstjen M. Nielsen, Dep't. of Homeland Security (@SecNielsen), Twitter, Jun 17, 2018, 5:52 PM. [2] Eliana Johnson, Stephen Miller roiling nation with back-channel immigration meetings, Politico, June 26, 2018. [3] Laura Jarrett, Federal judge orders reunification of parents and children, end to most family separations at border, CNN, July 27, 2018. [4] Dept. of Homeland Security, Office of Inspector General, Special Review: Initial Observations Regarding Family Separation Issues Under the Zero Tolerance Policy, OIG-18-84 (Sept. 27, 2018.) [5] Caitlin Dickerson, Migrant children moved under cover of darkness to a Texas tent city, N.Y. Times, Sept. 30, 2018; Angela Chapin, Migrant children describe tent city as 'punishment' experts say, Huff. Post, Oct. 2, 2018 ("[t]hat since the tent city is considered an emergency facility, it's not held to the same child welfare standards as the government-run shelters and groups homes for migrant children."). [6] James Lartey, No more psychotropic drugs to migrant children without consent, US judge rules, The Guardian, Aug. 1, 2018. [7] See e.g., Blake Ellis, Melanie Hicken, and Bob Ortega, Handcuffs, assaults, and drugs called 'vitamins': Children allege grave abuse at migrant detention facilities, CNN, June 21, 2018; Kate Linthicum and David Montero, El Salvador says three migrant children separated from their families were sexually abused at U.S. shelters, LA Times, Aug. 31, 2018, and Michael E. Miller, Immigrant kids held in shelters: 'They told us to behave, or we'd be there forever., Wash. Post, July 15, 2018. [8] Caitlin Dickerson, Migrant Children Moved Under Cover of Darkness to a Texas Tent City, N.Y. Times, Sept. 30, 2018. |
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