FAQ on Zero Tolerance Policy

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Question 1:
What is the “Zero Tolerance Policy” of President Trump?

LST:
Zero Tolerance Policy is referred to immediate prosecution and detention of illegal entrants specifically at the U.S.-Mexico border. This means that those attempting to enter the U.S. illegally will be detained and prosecuted.

Question 2:
How did the Zero Tolerance Policy result in the border crisis of separating children from their parents?

LST:
The tragedy occurred as CBP officers took custody of the parents and detained them while the children were also taken into government custody or foster parents. Since there is a case law that children may not be put in detention for a long time, the children are taken and been categorized as unaccompanied children, resulting in separation from their parents. This inhumane and cruel separation of more than 2,000 children resulted in outrage to U.S. citizens, the legislators, and the world in general.

Question 3:
Has the practice of separating the children stopped with the Executive order?

LST:
While it may seem to have stopped the separation, the policy had now changed from separation to incarceration of the family as a whole. Still the detention of family together is not a response to the border crisis. There must be alternatives to detention programs such as releasing them on bail while their cases are pending.

There are also certain provisions of the E.O. that are not clear.

First, there is no process indicated on how those separated will be reunited with their parents.
Second, there is a provision that says that family unity will be maintained where appropriate and depending on available resources. This does not eliminate family separation.
And third, there will be expedited prosecution of cases meaning that the due process to a hearing may be compromised considering that the person incarcerated will have difficulty finding their legal representatives or counsel.

Question 4:
From what countries are the border crossers?

LST:
Mostly these are the nationals of Central America like Guatemala, El Salvador and Honduras.

Question 5:
Will the Philippine nationals who are out of status be affected by all the policies that are being released by Trump?

LST:
The Filipinos who remain undocumented are still vulnerable since last year in January 2017 with the Executive action memorandum of apprehending certain unlawfully present individuals. Those who are encountered in ICE raids of places of work, those they encounter in certain places or who are arrested collaterally are still vulnerable. No one is safe, if there is a violation of immigration law such as overstaying. But if they are on the side of the law and have complied with the conditions of their stay, they should not be fearful.

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