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      The Trump officials who took children from their parents should be prosecuted | Austin Sarat and Dennis Aftergut

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      The Trump officials who took children from their parents should be prosecutedAustin Sarat and Dennis AftergutThe border policy violated international law – and prosecuting those responsible may be the best way to prevent it from happening again In the Trump administration’s four years of undermining America’s image of decency, perhaps no policy did so as effectively, or as viciously, as his family separation policy – which separated 5,000 children, some as young as four months old, from their mothers and fathers.The theory behind the policy was that inflicting excruciating pain on thousands of parents and children separated at the border would deter migration to the US. It was another example of the Trump administration’s calculated cruelty.We now know something about why officials throughout the government went along with the family separation policy. They “were under orders from Trump”, Kevin McAleenan, the Department of Homeland Security’s commissioner of Customs and Border Protection, told Caitlin Dickerson of the Atlantic. McAleenan was “just following directions”, as Dickerson puts it. Those directions came from Stephen Miller, Trump’s fiercely anti-immigrant enforcer.Just following orders. We’ve heard that before from perpetrators of great wrongs.Whatever their reasons, the actions government officials took in pursuit of the family separation policy demand a response. Doing justice for the victims of the policy demands accountability for those who designed and implemented it. And deterring such conduct in the future is only possible if there are consequences for engaging in it.International law offers a framework for accomplishing those goals and for seeing the family separation policy for what it was: a crime against humanity.But before exploring that framework, let’s examine what we know about why government officials would go along with Trump and Miller’s calculated cruelty.In 1963, the Yale psychologist Stanley Milgram offered the best-known answer. Milgram enlisted subjects in a “learning experiment”. Their job was to apply what they thought were increasing levels of electrical shock to “learners” whenever they gave incorrect answers.Unknown to subjects, the “learners” were Milgram’s collaborators. They intentionally gave wrong answers and feigned excruciating pain as the voltage seemingly increased to severe shock. Under the direction of a “research administrator”, who became increasingly firm when subjects hesitated to apply more pain, two-thirds of them ended up administering the maximum dose of “electricity”.As Milgram put it: “The extreme willingness of adults to go to almost any lengths on the command of an authority constitutes the chief finding of the study.”Evil, it turned out, was as banal as Hannah Arendt, the famed political theorist, described it in her celebrated chronicle, Eichmann in Jerusalem. This is the evil done by those without whose complicity Trump’s family separation policy could not have been carried out.Eichmann’s 1961 conviction, and those at Nuremberg, established the principle that individuals who claimed to be “just following orders” are as culpable for crimes they commit as those who give the orders.And the 1998 “Rome statute” created a forum that can provide accountability for the people who designed and implemented the family separation policy – the international criminal court.The Rome statute authorized the ICC to prosecute individuals who commit crimes against humanity, including “inhumane acts … [that] intentionally caus[e] great suffering, or serious injury to body or to mental or physical health.”There is no question that systematic actions separating parents from children meet that definition.While the United States is one of only seven countries not to have ratified the Rome Statute, this fact should offer little solace to those who violate its principles. Here is why.First, under the “principle of complementarity”, the ICC may exercise its jurisdiction when a country is either unwilling or unable to investigate and prosecute crimes within its territory.Applying the complementarity doctrine, in 2011 the ICC initiated prosecution of Libya’s one-time dictator Muammar Gaddafi, though his country never ratified the Rome statute.Second, the Nuremberg principles that the United States wrote before the trials began justify prosecuting crimes against humanity in the complete absence of any agreement by an accused violators’ country. That Germany did not ratify those principles was no barrier to prosecution of Nazi officials at Nuremberg.Third, the US has signed other international agreements incorporating protections against crimes such as the ones implicated by Trump’s policy to separate families. For example, in 1992, President George HW Bush signed the International Covenant on Civil and Political Rights (ICCPR), which Congress had ratified, making it the law of the land.Article 24 of the ICCPR provides that “[e]very child shall have, without any discrimination as to race, … national or social origin … the right to such measures of protection as are required by his status as a minor.” As the UN high commissioner for human rights emphasized in a 2010 report, “the principal normative standards of child protection are equally applicable to migrant children and children implicated in the process of migration.”Another relevant treaty under which American officials could be charged is the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, ratified by the US in 1988. It defines “torture” as “any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted … for such purposes as … punishing him for an act he or a third person has committed … when such pain or suffering is inflicted … at the instigation of a public official.”While the Biden administration has made considerable progress reuniting families, it has not moved quickly enough to completely end the policy. It is up to the public to ensure that result and to demand that Trump administration officials answer for making crimes against humanity a centerpiece of US immigration policy.There is more than enough binding law and precedent for bringing charges against those officials. They should have their day in court, where they can offer their legal defenses and explain to the world why they did what they did.Prosecutors at The Hague should bring before the bar of justice Trump officials who instituted the policy of separating children from their mothers and fathers. Humanity and history require it.
      Austin Sarat is a professor of jurisprudence and political science at Amherst College and the author of Lethal Injection and the False Promise of Humane Execution
      Dennis Aftergut, a former federal prosecutor, is of counsel to Lawyers Defending American Democracy
      TopicsUS politicsOpinionDonald TrumpTrump administrationMigrationLaw (US)United NationscommentReuse this content More

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      'A man without morals': Chicago mayor chides Texas governor for expelling migrants – video

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      Chicago’s mayor, Lori Lightfoot, criticised Texas’s governor, Greg Abbott, accusing him of cruelty and racism for expelling dozens of migrants from Texas by bus. ‘With these continued political stunts, Governor Abbott has confirmed, what unfortunately many of us had already known – that he is a man without any morals, humanity or shame,’ said Lightfoot at a press conference on Thursday. Seventy-nine Venezuelans arrived at Chicago’s Union Station late on Wednesday, officials said. ‘Last night, we showed our mettle, the best of who we are,’ Lightfoot continued, praising the city’s effort to welcome the new arrivals.

      ‘They are human beings’: Chicago mayor welcomes migrants bussed by Texas More

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      ‘They are human beings’: Chicago mayor welcomes migrants bussed by Texas

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      ‘They are human beings’: Chicago mayor welcomes migrants bussed by TexasLori Lightfoot offers ‘open arms’ as Governor Greg Abbott escalates political stunt of sending asylum seekers to Democratic-led cities01:37The mayor of Chicago, Lori Lightfoot, has vowed to welcome immigrants bussed to the city from the Mexican border, as the hard-right governor of Texas opened a third front in his confrontation with the Biden administration and Democratic sanctuary cities.Lightfoot delivered a defiant speech on Thursday in which she accused Governor Greg Abbott of cruelty and racism, and pledged to respond to the Texan’s controversial scheme by greeting the released migrants with open arms.Pentagon rejects DC request for national guard help with migrants bussed to cityRead moreChicago received its first busloads of 79 migrants, in this case Venezuelans, on Wednesday night.They were dispatched by Abbott, who has already sent about 9,000 people who crossed the US-Mexico border without documents giving them entry to the US to Washington DC and New York City.The move is a point-scoring stunt designed to level blame for chaotic conditions on the southern border at the White House and Democratic-controlled cities.The Republican governor of Arizona, Doug Ducey, is pursuing a similar ruse albeit on a smaller scale.At a press conference, Lightfoot said she could not “fully make up for the cruelty that our new neighbours have experienced”. But she said: “We have and we will continue to welcome them with open arms. I refuse to turn our back on them at a time when they need support the most.”01:37She said that in opening up a new Chicago front, Abbott had shown himself to be a “cheap politician” and “a man without any morals, humanity or shame”. The migrants he was loading on to buses and carting across a strange country were “moms and dads, young children, elders who deserve our respect and dignity. They’re not cargo. They are not chattel. They are human beings.”Among the 75 arrivals to Chicago were seven infants, and a total of 20 children and teens, according to local authorities. They were met at the bus with an offering of food, clothes, a shower and shelter.Chicago is now bracing itself for the arrival of further busloads of migrants after the city became the third target of Abbott’s political gambit.It began in April when he initially targeted the nation’s capital, forcing Washington officials to scramble for ways to house the asylum seekers.The move was immediately controversial, inviting criticism even from fellow Republicans – some within the Texas assembly. The bussing was then expanded to New York earlier this month.Abbott has appeared on the conservative Fox News TV network presenting his ploy as a way of exposing the hypocrisy of Democratic leaders in northern “sanctuary cities”.He appeared on rightwinger Sean Hannity’s Fox News show at the time the New York scheme began and said: “These liberal leaders up in the north-east think, ‘That border crisis created by Joe Biden, that’s fine as long as Texas has to deal with it.’ But as soon as they have to deal with the real consequences of Biden’s border-caused crisis, they are up in arms.”The Democratic mayor of New York, Eric Adams, has counter-attacked by accusing the Texas governor of inhumanity. Migrants were having to endure bus rides lasting almost two days with restricted breaks and food.“I think that Governor Abbott, what he’s doing is just so inhumane,” Adams said.New York’s immigration commissioner, Manuel Castro, this week lamented the bussing as a “rightwing political extremist crisis”. He said Abbott was fomenting “anti-immigrant and anti-Latino hate, which impacts all of us whether we arrived here today or decades ago”.Under basic US immigration regulations, migrants passing through Mexico and crossing the border into the US who do not have documentation are released from custody after processing. They can move around the country while awaiting court decisions on their asylum applications.One of the paradoxical aspects of Abbott’s aggressive stance is that it is creating an additional burden on Texas taxpayers. The cost of travelling from the border state to another part of the US normally falls entirely on the migrants themselves, but under the bussing scheme the travel is provided free.Abbott has said the bus rides are voluntary for migrants, but that is also in dispute. They are often aiming to reach much closer destinations in the south-west, to join relatives, but do not have the money to get there and are offered the rides to northern cities and, apparently without liaison with those cities’ leaders, aid and prospects upon arrival.CNN used freedom of information powers to extract information from the Texas division of emergency management that showed that it has already spent more than $12m. The money went to Wynne Transportation, which provides the buses.Migrants arriving in Chicago will not be asked about their immigration status, and their information will not be shared with federal authorities or law enforcement, under city rules. They will be able to apply for a full range of public services.TopicsChicagoMigrationUS immigrationTexasUS politicsnewsReuse this content More

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      Driver of Texas migrant death truck ‘did not know air conditioning was broken’

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      Driver of Texas migrant death truck ‘did not know air conditioning was broken’Homero Zamorano Jr is in custody with three other suspects in case of deaths of at least 53 migrants near San Antonio The driver of the trailer truck in which at least 53 migrants died before being abandoned in San Antonio this week did not realize the vehicle’s air conditioning system was broken, federal court documents said.The detail was contained in records explaining why investigators arrested a man with whom the driver exchanged text messages, in what is believed to be the deadliest migrant smuggling episode on the US-Mexico border.Texas tragedy highlights migrants’ perilous journey to cross US borderRead moreThe alleged driver of the truck, Homero Zamorano Jr, 45, and his alleged correspondent, Christian Martinez, 28, are among four people charged in connection with the discovery of the bodies in an industrial area of south-west San Antonio on Monday night.Authorities allegedly spotted Zamorano hiding in brush near the truck, pretending to be a passenger. The resident of Pasadena, Texas, was arrested after officers recovered surveillance video of him driving the rig through an immigration checkpoint.Zamorano’s arrest prompted agents to comb through his texts, finding he had sent messages to Martinez before and after the discovery of the dead migrants.The texts included a message containing an abbreviation asking “where you at”, sent around the time authorities spotted the rig and the corpses, making authorities suspect Martinez was involved in trying to sneak the migrants across the border illicitly.A confidential informant told agents of an alleged conversation with Martinez, investigators wrote in court documents filed under oath. During that conversation, Martinez allegedly identified Zamorano as the driver and said he “was unaware the air conditioning unit stopped working and was the reason why the [passengers] died”.Agents determined that the informant’s cellphone placed him “within several meters” of Martinez during the time of that alleged conversation, investigators wrote.Both Zamorano and Martinez face charges of plotting to illegally smuggle migrants into the US, leading to their deaths. They could get life in prison or the death penalty.Two Mexican nationals, Juan Claudio D’Luna Mendez, 23, and Juan Francisco D’Luna Bilbao, 48, were arrested and charged with illegally possessing guns after investigators found them at an address linked to the trailer truck. They face up to 10 years in prison if eventually convicted of those charges.Authorities were holding all four suspects in custody without bond.Officials believe the rig at the center of the case was carrying at least 64 migrants from countries such as Mexico, Honduras and Guatemala. At least 40 men and 13 women died and 11 were hospitalized with heat-related conditions. The trailer had traveled through temperatures approaching 100F (38C).TopicsTexasUS politicsUS immigrationMigrationnewsReuse this content More

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      AOC condemns Kamala Harris for telling Guatemalan migrants not to come to US

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      The progressive New York representative Alexandria Oscasio-Cortez has criticized Vice-President Kamala Harris, for saying undocumented migrants from Guatemala should not come to the US.On her first foreign trip as vice-president, Harris visited Guatemala on Monday. At a press conference with Guatemala’s president, Alejandro Giammattei, the former California senator spoke about investigating corruption and human trafficking in Central America, and described a future where Guatemalans could find “hope at home”.But she also had a clear message that undocumented Guatemalan migrants would not find solace at the US border under the Biden administration.“I want to be clear to folks in the region who are thinking about making that dangerous trek to the United States-Mexico border,” she said. “Do not come. Do not come.”Later on Monday, Oscasio-Cortez condemned Harris on Twitter, calling her comments “disappointing to see”.“First, seeking asylum at any US border is a 100% legal method of arrival,” said the congresswoman, an influential voice on the Democratic left since her upset win in a 2018 primary and widely known as AOC.“Second, the US spent decades contributing to regime change and destabilization in Latin America. We can’t help set someone’s house on fire and then blame them for fleeing.”Several human rights groups also spoke out.Rachel Schmidtke, Latin America advocate at the non-profit Refugees International, said: “We continue to urge the Biden administration to build policies that recognize that many Guatemalans will need to seek protection until the longstanding drivers of forced displacement are addressed and realign its message to the Guatemalan people to reflect America’s commitment to the right to seek protection internationally.”The Asylum Seeker Advocacy Project, a non-profit that works with asylum seekers, tweeted: “Kamala Harris, seeking asylum is legal. Turning back asylum seekers is illegal, dangerous, & oftentimes sends them back to their deaths. Seeking asylum is a right under US and international law.”Despite Joe Biden moving to undo Trump-era restrictions at the border, including instituting changes to the asylum process, Harris’s speech underlined a continued stance of turning back undocumented migrants.Central America has long been affected by poverty and violence, amid entrenched cycles of political instability partly caused by criminal elites. Experts contend the US has often aided oppressive regimes. Despite the litany of dangers migrants often face when traveling north, the journey is often safer than remaining at home.“People are leaving because the corrupt governments (supported by the US) have tolerated and encouraged the growth of these criminal organizations,” said Jeff Faux, founder of the Economic Policy Institute, in an interview with USA Today.In April, according to CNN, more than 178,000 migrants arrived at the US-Mexico border, the highest one-month total in two decades. More

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      ‘A system of global apartheid’: author Harsha Walia on why the border crisis is a myth

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      The rising number of migrant children and families seeking to cross the US border with Mexico is emerging as one of the most serious political challenges for Joe Biden’s new administration.
      That’s exactly what Donald Trump wants: he and other Republicans believe that Americans’ concerns about a supposed “border crisis” will help Republicans win back political power.

      But Harsha Walia, the author of two books about border politics, argues that there is no “border crisis,” in the United States or anywhere else. Instead, there are the “actual crises” that drive mass migration – such as capitalism, war and the climate emergency – and “imagined crises” at political borders, which are used to justify further border securitization and violence.
      Walia, a Canadian organizer who helped found No One Is Illegal, which advocates for migrants, refugees and undocumented people, talked to the Guardian about Border and Rule, her new book on global migration, border politics and the rise of what she calls “racist nationalism.” The conversation has been edited for length and clarity.
      Last month, a young white gunman was charged with murdering eight people, most of them Asian women, at several spas around Atlanta, Georgia. Around the same time, there was increasing political attention to the higher numbers of migrants and refugees showing up at the US-Mexico border. Do you see any connection between these different events?
      I think they are deeply connected. The newest invocation of a “border surge” and a “border crisis” is again creating the spectre of immigrants and refugees “taking over.” This seemingly race neutral language – we are told there’s nothing inherently racist about saying “border surge”– is actually deeply racially coded. It invokes a flood of black and brown people taking over a so-called white man’s country. That is the basis of historic immigrant exclusion, both anti-Asian exclusion in the 19th century, which very explicitly excluded Chinese laborers and especially Chinese women presumed to be sex workers, and anti-Latinx exclusion. If we were to think about one situation as anti-Asian racism and one as anti-Latinx racism, they might seem disconnected. But both forms of racism are fundamentally anti-immigrant. Racial violence is connected to the idea of who belongs and who doesn’t. Whose humanity is questioned in a moment of crisis. Who is scapegoated in a moment of crisis.
      How do you understand the rise of white supremacist violence, particularly anti-immigrant and anti-Muslim violence, that we are seeing around the world?
      The rise in white supremacy is a feedback loop between individual rightwing vigilantes and state rhetoric and state policy. When it comes to the Georgia shootings, we can’t ignore the fact that the criminalization of sex work makes sex workers targets. It’s not sex work itself, it’s the social condition of criminalization that creates that vulnerability. It’s similar to the ways in which border vigilantes have targeted immigrants: the Minutemen who show up at the border and harass migrants, or the kidnapping of migrants by the United Constitutional Patriots at gunpoint. We can’t dissociate that kind of violence from state policies that vilify migrants and refugees, or newspapers that continue to use the word “illegal alien”. More