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Tag: Homeland Security secretary

  • Kristi Noem reacts to Charlie Kirk’s death: ‘Start focusing on each other’

    Kristi Noem said she believes that the killing of Charlie Kirk could be a turning point for the country.

    Kirk, a 31-year-old conservative political activist, was fatally shot Sept. 10 while speaking at Utah Valley University. The alleged shooter, Tyler Robinson, 22, was taken into custody following a two-day manhunt.

    “It feels like a grief has settled on not just the country, but the entire world. Something has changed,” Noem said in a Sept. 14 interview with Fox News host Maria Bartiromo. “My hope is that we will use this as an opportunity to come together and unify.”

    Noem, the Homeland Security secretary and former South Dakota governor, went on to criticize what she described as “rhetoric we’re seeing out of the left and out of political animals,” saying it’s “ugly and it’s bitter and it’s seeking to seize this opportunity to turn it into evil.”

    “I would just encourage everybody to start focusing on relationships, to start focusing on each other and talk about what Charlie believed in,” she said.

    Related: South Dakota political leaders offer prayers for slain conservative activist Charlie Kirk

    Noem also talked about her personal relationship with Kirk. She said he had the chance to meet her family, including her kids.

    “He was a special man who stood up and was bold enough to go speak to people who disagreed with him,” she said. “We need more of that today. More civil discourse rather than some of the violence that we’ve seen.”

    In a Sept. 14 post on Facebook, Noem wrote about the grief she felt after learning about Kirk’s death.

    “Before, I have felt isolated in my grief, but this grief feels collective – millions of people’s hearts breaking and wishing they could carry some of the burden for Charlie’s family and dearest loved ones,” she wrote.

    Noem also described some of her personal interactions with Kirk.

    “I remember being so impressed by his talents when I first met him,” she wrote. “He had a skill set and knowledge I didn’t have and he became an encourager for me over the years.”

    Noem was in her second term as South Dakota’s governor when she left to become President Donald Trump’s Homeland Security secretary. Kirk was “deeply involved” in the vetting process for top positions in Trump’s administration, ABC News reported.

    This article originally appeared on Sioux Falls Argus Leader: Kristi Noem reacts to Charlie Kirk death, talks personal interactions

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  • Senate will convene the Mayorkas impeachment trial as Democrats plot a quick dismissal

    Senate will convene the Mayorkas impeachment trial as Democrats plot a quick dismissal

    Senate Democrats could end the impeachment trial of Homeland Security Secretary Alejandro Mayorkas on Wednesday before arguments even begin.Video above: GOP lawmakers hold presser after Mayorkas impeachment articles sent to SenateSenate Majority Leader Chuck Schumer is expected to call votes to dismiss two articles of impeachment against Mayorkas after senators are sworn in as jurors midday, a move that could scuttle the trial and frustrate Republicans who have demanded that House prosecutors be able to make their case. Democrats appear to be united in opposition to moving forward.Mayorkas said Wednesday that he’s focused on his work running the massive department.”As they work on impeachment, I work on advancing the mission of the Department of Homeland Security. That’s what I’ve done throughout this process,” he said during an appearance on CBS’ “CBS Mornings” show to discuss the department’s new campaign to help children stay safe online.The House narrowly voted in February to impeach Mayorkas for his handling of the U.S.-Mexico border, arguing in the two articles that he “willfully and systematically” refused to enforce immigration laws. House impeachment managers appointed by Speaker Mike Johnson, R-La., delivered the charges to the Senate on Tuesday, standing in the well of the Senate and reading them aloud to a captive audience of senators.The entire process could be done within hours on Wednesday. Majority Democrats have said the GOP case against Mayorkas doesn’t rise to the “high crimes and misdemeanors” laid out as a bar for impeachment in the Constitution, and Schumer probably has enough votes to end the trial immediately if he decides to do so.Schumer has said he wants to “address this issue as expeditiously as possible.”“Impeachment should never be used to settle a policy disagreement,” Schumer said. “That would set a horrible precedent for the Congress.”Video below: Senate Minority Leader Mitch McConnell urges Democrats not to dismiss Mayorkas’ impeachment caseAs Johnson signed the articles Monday in preparation for sending them across the Capitol, he said Schumer should convene a trial to “hold those who engineered this crisis to full account.”Schumer “is the only impediment to delivering accountability for the American people,” Johnson said. “Pursuant to the Constitution, the House demands a trial.”Once the senators are sworn in on Wednesday, the chamber will turn into the court of impeachment, with Democratic Sen. Patty Murray of Washington presiding. Murray is the president pro tempore of the Senate, or the senior-most member of the majority party who sits in for the vice president.Exactly how Democrats will proceed on Wednesday is still unclear. Impeachment rules generally allow the Senate majority to decide how to manage the trial, and Schumer has not said exactly what he will do.Senate Republicans are likely to try to raise a series of objections if Schumer calls votes to dismiss or table. But ultimately they cannot block a dismissal if majority Democrats have the votes.In any case, Republicans would not be able to win the support of the two-thirds of the Senate that is needed to convict and remove Mayorkas from office — Democrats control the Senate, 51-49, and they appear to be united against the impeachment effort. Not one House Democrat supported it, either.While most Republicans oppose quick dismissal, some have hinted they could vote with Democrats.Sen. Mitt Romney, R-Utah, said last week he wasn’t sure what he would do if there were a move to dismiss the trial. “I think it’s virtually certain that there will not be the conviction of someone when the constitutional test has not been met,” he said.At the same time, Romney said he wants to at least express his view that “Mayorkas has done a terrible job, but he’s following the direction of the president and has not met the constitutional test of a high crime or misdemeanor.”The two articles argue that Mayorkas not only refused to enforce existing law but also breached the public trust by lying to Congress and saying the border was secure. The House vote was the first time in nearly 150 years that a Cabinet secretary was impeached.Since then, Johnson has delayed sending the articles to the Senate for weeks while both chambers finished work on government funding legislation and took a two-week recess. Johnson had said he would send them to the Senate last week, but he punted again after Senate Republicans said they wanted more time to prepare.House impeachment managers previewed some of their arguments at a hearing with Mayorkas on Tuesday morning about President Joe Biden’s budget request for the department.Tennessee Rep. Mark Green, the chairman of the House Homeland Security panel, told the secretary that he has a duty under the law to control and guard U.S. borders, and “during your three years as secretary, you have failed to fulfill this oath. You have refused to comply with the laws passed by Congress, and you have breached the public trust.”Mayorkas defended the department’s efforts but said the nation’s immigration system is “fundamentally broken, and only Congress can fix it.”Other impeachment managers are Michael McCaul of Texas, Andy Biggs of Arizona, Ben Cline of Virginia, Andrew Garbarino of New York, Michael Guest of Mississippi, Harriet Hageman of Wyoming, Clay Higgins of Louisiana, Laurel Lee of Florida, August Plfuger of Texas and Marjorie Taylor Greene of Georgia.At a news conference with a group of Republican senators after the articles were delivered, the impeachment managers demanded that Schumer move forward with their case.“The voice of the people is very clear,” said McCaul, chairman of the House Foreign Affairs Committee. “Secure the border and impeach this man, this criminal.”If Democrats are unable to dismiss or table the articles, they could follow the precedent of several impeachment trials for federal judges over the last century and hold a vote to create a trial committee that would investigate the charges. While there is sufficient precedent for this approach, Democrats may prefer to end the process completely, especially in a presidential election year when immigration and border security are top issues.If the Senate were to proceed to an impeachment trial, it would be the third in five years. Democrats impeached President Donald Trump twice, once over his dealings with Ukraine and a second time in the days after the Jan. 6, 2021, attack on the Capitol. Trump was acquitted by the Senate both times.At a trial, senators would be forced to sit in their seats for the duration, maybe weeks, while the House impeachment managers and lawyers representing Mayorkas make their cases. The Senate is allowed to call witnesses, as well, if it so decides, and it can ask questions of both sides after the opening arguments are finished.

    Senate Democrats could end the impeachment trial of Homeland Security Secretary Alejandro Mayorkas on Wednesday before arguments even begin.

    Video above: GOP lawmakers hold presser after Mayorkas impeachment articles sent to Senate

    Senate Majority Leader Chuck Schumer is expected to call votes to dismiss two articles of impeachment against Mayorkas after senators are sworn in as jurors midday, a move that could scuttle the trial and frustrate Republicans who have demanded that House prosecutors be able to make their case. Democrats appear to be united in opposition to moving forward.

    Mayorkas said Wednesday that he’s focused on his work running the massive department.

    “As they work on impeachment, I work on advancing the mission of the Department of Homeland Security. That’s what I’ve done throughout this process,” he said during an appearance on CBS’ “CBS Mornings” show to discuss the department’s new campaign to help children stay safe online.

    The House narrowly voted in February to impeach Mayorkas for his handling of the U.S.-Mexico border, arguing in the two articles that he “willfully and systematically” refused to enforce immigration laws. House impeachment managers appointed by Speaker Mike Johnson, R-La., delivered the charges to the Senate on Tuesday, standing in the well of the Senate and reading them aloud to a captive audience of senators.

    The entire process could be done within hours on Wednesday. Majority Democrats have said the GOP case against Mayorkas doesn’t rise to the “high crimes and misdemeanors” laid out as a bar for impeachment in the Constitution, and Schumer probably has enough votes to end the trial immediately if he decides to do so.

    Schumer has said he wants to “address this issue as expeditiously as possible.”

    “Impeachment should never be used to settle a policy disagreement,” Schumer said. “That would set a horrible precedent for the Congress.”

    Video below: Senate Minority Leader Mitch McConnell urges Democrats not to dismiss Mayorkas’ impeachment case

    As Johnson signed the articles Monday in preparation for sending them across the Capitol, he said Schumer should convene a trial to “hold those who engineered this crisis to full account.”

    Schumer “is the only impediment to delivering accountability for the American people,” Johnson said. “Pursuant to the Constitution, the House demands a trial.”

    Once the senators are sworn in on Wednesday, the chamber will turn into the court of impeachment, with Democratic Sen. Patty Murray of Washington presiding. Murray is the president pro tempore of the Senate, or the senior-most member of the majority party who sits in for the vice president.

    Exactly how Democrats will proceed on Wednesday is still unclear. Impeachment rules generally allow the Senate majority to decide how to manage the trial, and Schumer has not said exactly what he will do.

    Senate Republicans are likely to try to raise a series of objections if Schumer calls votes to dismiss or table. But ultimately they cannot block a dismissal if majority Democrats have the votes.

    In any case, Republicans would not be able to win the support of the two-thirds of the Senate that is needed to convict and remove Mayorkas from office — Democrats control the Senate, 51-49, and they appear to be united against the impeachment effort. Not one House Democrat supported it, either.

    While most Republicans oppose quick dismissal, some have hinted they could vote with Democrats.

    Sen. Mitt Romney, R-Utah, said last week he wasn’t sure what he would do if there were a move to dismiss the trial. “I think it’s virtually certain that there will not be the conviction of someone when the constitutional test has not been met,” he said.

    At the same time, Romney said he wants to at least express his view that “Mayorkas has done a terrible job, but he’s following the direction of the president and has not met the constitutional test of a high crime or misdemeanor.”

    The two articles argue that Mayorkas not only refused to enforce existing law but also breached the public trust by lying to Congress and saying the border was secure. The House vote was the first time in nearly 150 years that a Cabinet secretary was impeached.

    Since then, Johnson has delayed sending the articles to the Senate for weeks while both chambers finished work on government funding legislation and took a two-week recess. Johnson had said he would send them to the Senate last week, but he punted again after Senate Republicans said they wanted more time to prepare.

    House impeachment managers previewed some of their arguments at a hearing with Mayorkas on Tuesday morning about President Joe Biden’s budget request for the department.

    Tennessee Rep. Mark Green, the chairman of the House Homeland Security panel, told the secretary that he has a duty under the law to control and guard U.S. borders, and “during your three years as secretary, you have failed to fulfill this oath. You have refused to comply with the laws passed by Congress, and you have breached the public trust.”

    Mayorkas defended the department’s efforts but said the nation’s immigration system is “fundamentally broken, and only Congress can fix it.”

    Other impeachment managers are Michael McCaul of Texas, Andy Biggs of Arizona, Ben Cline of Virginia, Andrew Garbarino of New York, Michael Guest of Mississippi, Harriet Hageman of Wyoming, Clay Higgins of Louisiana, Laurel Lee of Florida, August Plfuger of Texas and Marjorie Taylor Greene of Georgia.

    At a news conference with a group of Republican senators after the articles were delivered, the impeachment managers demanded that Schumer move forward with their case.

    “The voice of the people is very clear,” said McCaul, chairman of the House Foreign Affairs Committee. “Secure the border and impeach this man, this criminal.”

    If Democrats are unable to dismiss or table the articles, they could follow the precedent of several impeachment trials for federal judges over the last century and hold a vote to create a trial committee that would investigate the charges. While there is sufficient precedent for this approach, Democrats may prefer to end the process completely, especially in a presidential election year when immigration and border security are top issues.

    If the Senate were to proceed to an impeachment trial, it would be the third in five years. Democrats impeached President Donald Trump twice, once over his dealings with Ukraine and a second time in the days after the Jan. 6, 2021, attack on the Capitol. Trump was acquitted by the Senate both times.

    At a trial, senators would be forced to sit in their seats for the duration, maybe weeks, while the House impeachment managers and lawyers representing Mayorkas make their cases. The Senate is allowed to call witnesses, as well, if it so decides, and it can ask questions of both sides after the opening arguments are finished.

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  • House vote to impeach Homeland Security Secretary Mayorkas fails, thwarted by Republican defections

    House vote to impeach Homeland Security Secretary Mayorkas fails, thwarted by Republican defections


    n a dramatic setback, House Republicans failed Tuesday to impeach Homeland Security Secretary Alejandro Mayorkas, forced to shelve a high-profile priority – for now – after a few GOP lawmakers refused to go along with the party’s plan.

    The stunning roll call fell just a few votes short of impeaching Mayorkas, stalling the Republicans’ drive to punish the Biden administration over its handling of the U.S-Mexico border. With Democrats united against the charges, the Republicans needed almost every vote from their slim majority to approve the articles of impeachment.

    The House is likely to revisit plans to impeach Mayorkas, but next steps are highly uncertain.

    House Speaker Mike Johnson, who could lose only a few Republicans from his slim majority, said he personally spoke to the GOP holdouts acknowledging the “heavy, heavy” vote as he sought their support.

    “It’s an extreme measure,” said Johnson, R-La.. “But extreme times call for extreme measures.”

    Not since 1876 has a Cabinet secretary faced impeachment charges and it’s the first time a sitting secretary is being impeached – 148 years ago, Secretary of War William Belknap resigned just before the vote.

    The impeachment charges against Mayorkas come as border security is fast becoming a top political issue in the 2024 election, a particularly potent line of attack being leveled at President Joe Biden by Republicans, led by the party’s front-runner for the presidential nomination, Donald Trump.

    Record numbers of people have been arriving at the southern border, many fleeing countries around the world, in what Mayorkas calls an era of global migration. Many migrants are claiming asylum and being conditionally released into the U.S., arriving in cities that are underequipped to provide housing and other aid while they await judicial proceedings which can take years to determine whether they may remain.

    The House Democrats united against the two articles of impeachment against Mayorkas, calling the proceedings a sham designed to please Trump, charges that do not rise to the Constitution’s bar of treason, bribery or “high crimes and misdemeanors.”

    “A bunch of garbage,” said Rep. Jim McGovern, D-Mass. He called Mayorkas “a good man, a decent man,” who is simply trying to do his job.

    Even if Republicans are able to impeach Mayorkas, he is not expected to be convicted in a Senate trial where Republican senators have been cool to the effort. The Senate could simply refer the matter to a committee for its own investigation, delaying immediate action.

    The impeachment of Mayorkas landed quickly onto the House agenda after Republican efforts to impeach Biden over the business dealings of his son, Hunter Biden, hit a lull, and the investigation into the Biden family drags.

    The Committee on Homeland Security under Chairman Mark Green, R-Tenn., had been investigating the secretary for much of the past year, including probing the flow of deadly fentanyl into the U.S. But a resolution from Rep. Marjorie Taylor Greene, R-Ga., a Trump ally, pushed it to the fore. The panel swiftly held a pair of hearings in January before announcing the two articles of impeachment against Mayorkas.

    Unlike other moments in impeachment history, the arguments played out to an almost empty chamber, without the fervor or solemnity of past proceedings.

    Greene, who was named to be one of the impeachment managers for the Senate trial, rose to blame Mayorkas for the “invasion” of migrants coming to the U.S.

    Republican Rep. Eli Crane if Arizona said Mayorkas had committed a “dereliction of duty.”

    Democratic Leader Hakeem Jeffries said the Mayorkas impeachment vote was a stunt designed by Republicans to sow “chaos and confusion” and appease Trump – rather than to govern.

    “No reasonable American can conclude that you’re making life better for them by this sham impeachment,” Jeffries said.

    A former federal prosecutor, the secretary never testified on his own behalf, but submitted a rare letter to the panel defending his work.

    Tuesday’s vote arrives at a politically odd juncture for Mayorkas, who has been shuttling to the Senate to negotiate a bipartisan border security package, earning high marks from a group of senators involved.

    But that legislation, which emerged Sunday as one of the most ambitious immigration overhauls in years, is heading toward instant defeat in a Wednesday test vote. Trump sharply criticized the bipartisan effort, other Republicans are panning it and Speaker Johnson says it’s “dead on arrival.”

    One Rep. Tom McClintock, R-Ca., announced his opposition saying the charges “fail to identify an impeachable crime that Mayorkas has committed.”

    The conservative McClintock said in a lengthy memo that the articles of impeachment from the committee explain the problems at the border under Biden’s watch. But he said, “they stretch and distort the Constitution.”

    Another Republican, retiring Rep. Ken Buck of Colorado, also said he was against impeaching Mayorkas.

    Impeachment, once rare in the U.S., has been used as both a constitutional check on the executive and increasingly as a political weapon.

    The House Republicans have put a priority this session of Congress on impeachments, censures and other rebukes of officials and lawmakers, setting a new standard that is concerning scholars and others for the ways in which they can dole out punishments for perceived transgressions.

    Experts have argued that Mayorkas has simply been snared in a policy dispute with Republicans who disapprove of the Biden administration’s approach to the border situation.

    Constitutional law expert Jonathan Turley said impeachment is not to be used for being “a bad Cabinet member.” Lawyer Alan Dershowitz wrote, “Whatever else Mayorkas may or may not have done, he has not committed bribery, treason, or high crimes and misdemeanors.”

    Scholars point out that the Constitution’s framers initially considered “maladministration” as an impeachable offense, but dropped it over concern of giving the legislative branch too much sway over the executive and disrupting the balance of power.

    Three former secretaries of the Department of Homeland Security, Michael Chertoff, Janet Napolitano and Jeh Johnson, said in a letter Tuesday that impeaching the Cabinet official over policy disputes would “jeopardize our national security.”

    Senators have shown little interest in a potential impeachment trial. “I don’t think the House should do anything that’s dead on arrival in the Senate,” said Sen. Kevin Cramer, R-N.D.

    Trump as president was twice impeached – first in 2019 on abuse of power over his phone call with the Ukrainian president seeking a favor to dig up dirt on then-rival Biden, and later on the charge of inciting the Jan. 6, 2021 insurrection at the Capitol. He was acquitted on both impeachments in the Senate.

    ___

    Associated Press writers Kevin Freking, Mary Clare Jalonick and Rebecca Santana contributed to this story.

    Copyright © 2024 by The Associated Press. All Rights Reserved.



    AP

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  • Dem Lawmaker Rips GOP Reps To Their Faces: ‘You Bend The Knee To The Orange Jesus’

    Dem Lawmaker Rips GOP Reps To Their Faces: ‘You Bend The Knee To The Orange Jesus’


    A Democratic lawmaker slammed his Republican colleagues over their fealty to Donald Trump on Tuesday night during a marathon 15-hour session on impeachment charges against Homeland Security Secretary Alejandro Mayorkas over border security issues.

    Rep. Rob Menendez (D-NJ) said the House Homeland Security Committee has held 17 hearings on the border, but zero full committee hearings on other issues within its jurisdiction such as emergency preparedness, cyber threats, infrastructure protection and more.

    “We have not lived up to our oversight obligation here on this committee because you all are obsessed with the border,” he said. “Because you bend the knee to the ‘Orange Jesus’ as you refer to him across the aisle.”

    Former Rep. Liz Cheney (R-Wyo.) wrote in her 2023 book that Rep. Mark Green (R-Tenn.) used the phrase to describe Trump.

    Green is now chair of the committee Menendez was railing against.

    Menendez called the impeachment hearings a “sham” and said the committee has “failed” its jurisdiction.

    “I’ve tried to listen here. I try to be a team player, I really do. I try not to engage in the partisanship,” he said. “But I’ve had it.”

    Menendez is the son of Sen. Bob Menendez (D-NJ), who has been indicted on corruption charges. He has defended his father amid calls for him to resign from the Senate.

    The committee debated for 15 hours, ending early Wednesday only after Republicans blocked Democratic lawmakers from attempting any additional amendments, CNN noted.

    The committee voted along party lines, 18-15, to advance the articles of impeachment to the House floor. Politico said a vote could come as early as next week.



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  • Caitlin Dickerson on the Moral Catastrophe of Family Separations

    Caitlin Dickerson on the Moral Catastrophe of Family Separations

    Jeffrey Goldberg, The Atlantic’s editor in chief, joined staff writer Caitlin Dickerson to discuss her cover story, a years-long investigation into the secret history of the Trump administration’s family-separation policy. Dickerson’s story argues that separating children was not an unintended side effect, as previously claimed, but its core intent. How did officials work to keep families apart longer? Did they obscure the truth to both Congress and the public? What will happen if the Trump administration is restored to power in the 2024 election? This dialogue is an edited and condensed version of a conversation Dickerson and Goldberg had on Friday for The Atlantic’s “Big Story” broadcast.

    Leer este artículo en español.


    Jeffrey Goldberg: When did you realize that the Trump administration was doing something new?

    Caitlin Dickerson: There were two things here that really stood out from the norm in my experience as a reporter. The first, with family separations, is just the mere fact that they took place in relative secrecy. In 2017, hundreds of separations took place starting out in El Paso, Texas, in a program that later expanded. But when reporters would ask about it, the administration would tell us, “No, this isn’t happening. You know, we’re not separating families.” There’s some complicated reasons for that which we can get into, but that’s really not normal. As a reporter, you’re used to hearing “no comment” in response to a story that the government doesn’t want you to report. Or you’re used to hearing a public-affairs officer offer some context that at least helps to soften the blow of a story that they know the public is not going to react kindly to. But in this case, we actually got denials.

    And then, of course, having looked back at immigration policy all the way back to the 19th century in the United States, separating children from their parents as an immigration policy hasn’t happened before. It was the harshest application any of us have seen of this basic concept of prevention by deterrence, which is how we approach immigration enforcement generally. And it was so harsh and painful for parents and for children, and continues to be, that I had to stick with it.

    Goldberg: So to be clear, no presidential administration going back all the way had ever done anything this dramatic?

    Dickerson: No. As you know, there are examples of kids being taken from their parents in American history, though not in a border context. We’ve had some pretty cruel and pretty harsh border-enforcement policies. But the forcible separation of children from their parents is just not something that the Border Patrol has ever engaged in in American history.

    Goldberg: One of the great achievements of your story is that you take us all the way into the bureaucratic decision making that allowed this to happen. But somebody had to think of this first. The assumption, on the part of people who think about this, is that it must have been Stephen Miller, Donald Trump’s very hard-line adviser. He worked for Jeff Sessions and brought a lot of his ideas to Donald Trump. But it’s more complicated than that.

    Dickerson: It took a lot more than Stephen Miller, Donald Trump, and Jeff Sessions to forcefully separate thousands of kids from their parents. The idea actually came from within the border-enforcement apparatus: a man named Tom Homan, who started out as a Border Patrol agent in his early 20s, spent a career in enforcement, and ultimately became the head of ICE under President Trump.

    He first came up with the idea to separate families as an escalation of the concept of prevention by deterrence: this idea of introducing consequences to discourage illegal border crossing, even when it’s for the purposes of seeking asylum. He first proposes separating children from their parents in 2014, during the Obama administration, which is when we saw the first major surge of children and families crossing the border. Border Patrol was totally overwhelmed at the time. Congress didn’t intervene. And so you have, essentially, a police force that’s left to figure this out—this policy, which is really humanitarian policy; it’s economic policy. When you leave this to the Border Patrol, the solution that they come up with time and again is punishment. So Homan proposes it, and Jeh Johnson, who was Homeland Security secretary at the time, rejects the idea. Then the idea resurfaces very soon after Donald Trump takes office.

    Goldberg: So there was a bureaucratic impetus from below. Take us through that—Donald Trump wins in 2016, comes into office, and this dormant idea is brought to whom?

    Dickerson: Trump comes into office and is visiting Border Patrol headquarters and Customs and Border Protection headquarters and saying, “Hey, we’ve got to shut this border down, and, really, we’ll stop at nothing to do it. Bring me your best ideas.” Tom Homan, who was the head of ICE, and a man named Kevin McAleenan, who was the head of Customs and Border Protection, very quickly reraise this concept that they had already talked about and already favored. They tell Miller about it, who gets really excited and kind of obsessed with it. And Miller continues to push for the next year and a half until it’s officially implemented. Donald Trump also begins to favor it.

    I was surprised about this, ultimately, but the story ends up being kind of a case for the bureaucracy. I learned, in reporting this, the way the policies are made. Typically, you have principals, who are the heads of agencies and have great decision-making power but have huge portfolios. Policy ideas should only ever reach the desk of someone like Kirstjen Nielsen—who was the Homeland Security secretary, who ultimately signs off on family separation—if they’ve been thoroughly vetted. Subject-matter experts have determined these policies are logistically feasible, they’re legal, they’re ethical. They make sense politically for the administration in office. All these layers exist to prevent bad policies from ever even reaching somebody who has the authority to sign. And these systems were really either sidelined, disempowered, or just completely cut out of the conversation. Everybody who was raising red flags was really cut out.

    Goldberg: I want you to talk about child separation in its details. The idea is preventative. Which is to say, if word gets out into Guatemala, Honduras, wherever, that if you try to cross the border with your kid, the U.S. government will take your kid from you—actually kidnap your child in some kind of bureaucratically legal way—then all the people who are trying to come to America, asylum seekers, workers, etc., will not come. Is that the theory of the case?

    Dickerson: That is the theory of the case. And there’s a lot of reason to believe it’s not a good theory.

    Goldberg: Why is it not a good theory? It sounds pretty scary if you’re sitting in Guatemala and somebody says you might lose your kid.

    Dickerson: It does. That’s what’s difficult about it: that it is somewhat intuitive, this idea of prevention by deterrence. Academics have been studying it for a long time and know what ways it works, and what ways it doesn’t work. In the early 2000s, we started prosecuting individual adults who crossed the border illegally.

    To begin with, there’s this program called Operation Streamline. It completely floods courts along the border, and immediately, prosecutors—assistant U.S. attorneys—are unhappy with it because they’re saying it’s taking away resources from these more important cases that we need to deal with. And not only that, but it doesn’t seem to be influencing long-term trends.

    If you look at shifts in migration that have taken place over the last 20 years, those can be explained entirely by looking at economic shifts and demographic shifts in the United States and the countries where people are coming from. All of those changes are attributable to the availability of resources here and the availability of jobs here, and then the inverse: what opportunities people have available to them in their home countries, as well as whether people actually feel safe.

    Even though prevention by deterrence, first in the form of Streamline, wasn’t making a dent in border crossings in any significant way, this idea becomes more and more popular until ultimately we get to the point of separating children from their parents. Anecdotally, Lee Gelernt—the ACLU lawyer who’s heading up the federal case against family separations, the main case that prompted family reunification—talks about asking every parent that he interviewed for that case, “If you had known about family separation, would you have left your country to begin with? Would you have decided to stay home?” And they’d just kind of shrug their shoulders and say, “Well, what was I going to do? You know, we left because our lives were in danger. I couldn’t stay.” That is something that people like Tom Homan, who came up with the idea to separate families, didn’t really take into account.

    Goldberg: The level of desperation at home is the key determinant of whether somebody is going to start the trek.

    Dickerson: It’s a very, very high bar to surpass when you’re talking to a parent who not only can’t feed themselves or their child, but on a day-to-day basis fears that their child may be killed.

    Goldberg: Stay on that for one second so people understand this population. You’re talking about people who are living in very dangerous Central American countries, mainly.

    Dickerson: You’re talking about a lot of times a combination of deep poverty, daily fear of death, and daily encounters with violence. I can tell you about my experiences reporting in parts of Mexico, where people come to the United States from, and in Central America. When The New York Times sent me to Guatemala to write about a family that was trying to get into the United States, I had security with me the entire time. Many people, just within this family, had been murdered. It’s a domino effect where a gang identifies one person in a family and wants that person to join the gang. If that first individual doesn’t do right by the gang, relatives continue to be murdered.

    When I would go house to house to visit with people associated with this family, we were hiding. They couldn’t let anybody know where they lived. They couldn’t let anybody know that I was there, because it would have put them in greater danger. The poverty, too, is really something that I don’t know a lot of Americans have really sat down and thought about. Houses that have no roofs, no floors. Families of four that are splitting a tortilla among them. Access to school is almost nonexistent. Kids don’t have shoes. It’s stuff that I think most Americans have a hard time envisioning. Think about how scared you would have to be to decide to go to the United States, knowing that you’re going to have to travel through a hot and dangerous desert and encounter murderous gangs. Nobody signs up to do that unless they feel like they have absolutely no choice.

    Goldberg: Let’s come back to the narrative of the adoption of this policy. One of the reasons, when we were talking about doing this story over the past year and a half, was to try to understand the mentality of government officials and bureaucrats. Somehow the idea of taking children from their parents becomes socialized within these government structures. Talk about that. Did anybody along the way say, “Hey, I’m all for deterrence. I have these views on immigration. I’m a hard-liner. But this does not seem to comport with my notions”—and I’m using this term advisedly—“my notions of family values”?

    Dickerson: A lot of people said that. And ultimately, by the time the decision to pursue separating families is made, they had been left out of the room. When family separations are first proposed, they’re described in pretty blatant terms. I interviewed Jeh Johnson—again, who was the Homeland Security secretary under President Obama, and did believe in deterrence—but he said, “That’s too far for me. I’m not comfortable with it.” John Kelly, who was President Trump’s first Homeland Security secretary and considered the idea after it was proposed by Tom Homan, Kevin McAleenan, and others, said the same thing. He wasn’t really a big believer in deterrence, but he’d taken the job for the Trump administration. But this felt too far for him.

    Goldberg: John Kelly then goes to the White House as chief of staff and is there when all of this is still going on. What role did he play there?

    Dickerson: Kelly told me that his approach to opposing family separations was to focus purely on the logistics. When the idea is formally proposed to him, he requests a briefing to find out whether it’s possible. And he learns, rightly, that the federal government did not have the resources to impose such a program without total chaos, which we ultimately saw—without losing track of parents and kids, without really inhumane situations where kids are being physically taken out of their parents’ arms. You need training, theoretically, to do this in a way that isn’t chaotic if you’re going to do it at all.

    He told me that he knew that appealing to the president and to Stephen Miller on some sort of moral basis wasn’t going to be effective. They weren’t going to listen. Instead, he said, you focus purely on the logistics. “It’s not possible. We just can’t do it.” He would say, “Mr. President, if you want to pursue this, you need to go ask Congress for the money,” knowing that Donald Trump wouldn’t be willing to do that. The problem is that when you ask these more hawkish members of the administration what their understanding of John Kelly’s view is, they would say to me, “Well, I didn’t know he had any issue with it. All he said was that we needed more money; we needed more training.” You can see that there’s logic behind Kelly’s approach, but there’s also, as a result of it, repeated meetings where this idea is being discussed. He could have jumped up and down and screamed and said, “I oppose this; I don’t want to do it.” But he didn’t. He just said, “Sir, we don’t have the money.”

    Goldberg: I mean, to be fair to Kelly, he did have a reasonable understanding that Trump would never respond to the humanitarian argument.

    Dickerson: There are so many different approaches that people say they took to try to prevent this, and it ultimately didn’t work. The higher the numbers rose, the more obsessed Donald Trump became with finding some way to minimize them.

    Goldberg: I do want to ask about two people whose names are very intimately associated with this. Kirstjen Nielsen, who was the DHS secretary and signed off on this, and Stephen Miller. I want you to talk about her role, which is more complicated, morally, than we initially thought. And Miller, who obviously is still the ideological driver of a whole set of policies.

    Dickerson: Kirstjen Nielsen came into the Trump administration a moderate. She was a cybersecurity expert who helped to establish DHS the first time under George W. Bush. No experience in immigration, and no real strong feelings about immigration. She’s one of a lot of people whom I interviewed who joined DHS under Trump and just said, “I didn’t know all that much about immigration. It wasn’t that important to me.” From the very beginning, they seemed a bit misguided in terms of what their expectations for their job might look like, given how much this White House really cared about the issue.

    Family separations are proposed to her right after she’s confirmed, in December of 2017, and she says, “Absolutely not. John Kelly has said no to this. I’m not doing it. I oppose it. I don’t believe in it.” Over time, this alternative version of achieving the same end is proposed to her via prosecution, and conveyed to her in these terms that are quite bland. You know, “We’re going to pursue a prosecution initiative. There are people who have been committing misdemeanor crimes; we’ve been letting them go simply because they’re parents.” There was a lot of fearmongering around this idea that a lot of the parents might have been smugglers, that families may not have actually been related at all, that these children might all have been victims of trafficking. There’s no evidence to support that a significant number of those false families existed. She’s also told, “It’s been done before,” and that systems and processes exist to prevent chaos from ensuing. And so, based on that information, she ends up approving the policy.

    Another really important thing to know about her is she came into her role at a disadvantage because she was viewed as a moderate. She was one of a lot of people who were viewed very skeptically in the White House.

    Goldberg: Are these people who are trying to prove they’re tough so that Donald Trump likes them?

    Dickerson: Or keeps them in their job.I heard in my reporting that, in fact, “You’re not tough enough” is a quote that Trump repeated to Nielsen all the time. At one point an adviser suggested, “Maybe you should write a memoir and call it Tough Enough because he’s always telling you you’re not tough enough.” Nielsen was always trying to kind of meet these expectations and show that she wasn’t a closeted liberal. She eventually signs off on this policy that she intellectually, at least prior, seemed to totally oppose, but had convinced herself of a lot of illogical realities and decided, Okay, I agree to zero tolerance. She’s a really smart person, but she worked so hard to please her bosses.

    The other person you were asking about was Stephen Miller. What I understand from people close to him and familiar with his thinking is that he continues to believe that President Trump’s harshest immigration policies were Trump’s most popular and successful accomplishments. I think he still believes in separating families and doing anything to seal the border, stopping at nothing. He’s even made clear to close confidants that the groundwork has been laid so that a future Trump administration, or a future Republican administration that looks like Trump’s, can pursue these policies even more quickly and even more dramatically.

    He exerted pressure really kind of shamelessly. He would call not only Kirstjen Nielsen, who was Homeland Security secretary, but all of her advisers and even lower people in DHS: people who had no authority to sign off on anything. He was calling people incessantly to press for his policies, trying to get buy-in. I heard about something he would do on a conference call where he would introduce an idea and say, “Hey, I believe X, Y, and Z needs to happen. And this head of this division of DHS agrees with me.” Then that head of the division might say, “Oh, well, I have some questions about that. You know, I’m not exactly sure.” And Stephen would say, “Well, are you saying that this isn’t a priority?” And they would say, “Oh, no, I do agree with you that it’s a priority.” And Stephen would say, “Great; I have your support.” And then he would go into White House meetings and then repeat it and say that he had buy-in from DHS. He was bullying people into accidentally or tacitly or passively agreeing with his ideas. He was not embarrassed to keep people on the phone after midnight, ranting, not even letting the other person speak. It was a singular focus for him.

    Goldberg: John Kelly would give him the cold shoulder. But not everybody had John Kelly’s power, right?

    Dickerson: Exactly. And John Kelly is a career military official and general. He believed really strongly in the chain of command. He couldn’t believe that Miller would call people below Kelly and make demands and try to pressure Kelly into making decisions. And so Kelly would call the White House and actually try to get Miller in trouble. He’s one of the few people to do it. But other people much higher in the official chain of command, such as cabinet secretaries, really let themselves be bullied by Miller. When I would ask why, they basically just said Miller had this mystique. He was so close to the president and was protected because of this narrative that immigration is the reason why Donald Trump was elected president and was the key to him being able to hold on to power. Because of that, Miller was insulated from any kind of accountability, even as he defied the chain of command over and over again.

    Goldberg: Do you think that these same people, if they came back to government, would do it better? Do you think that they have learned lessons about how to try to pull this off in a more efficient, effective way that wouldn’t draw so much attention?

    Dickerson: I do think that a lot of them still believe in this idea, and they’ve taken lessons away from the experience in order to be able to “do it better.” They didn’t have a system for keeping track of parents and kids, so children were sent over to the Department of Health and Human Services, which houses any kid who’s in federal custody on their own. That agency doesn’t have computer systems that talk to DHS. Something like that could be updated. I do think that these officials would go into such a policy in the future a little bit more eyes open about what would actually happen once the separation occurs. But they still believe in this idea. And a lot of them, Tom Homan and many others, would sort of whisper out of the side of their mouth to me in interviews like, “Nobody really likes to say this, but it really worked. And zero tolerance was effective.” Again, the data that they’re citing is inaccurate. There isn’t evidence that family separations were effective. In fact, after zero tolerance ended was the year when a million people crossed the border under President Trump. It was a record-breaking year for border crossings.

    Goldberg: Are there any heroes in the story, from your perspective?

    Dickerson: There are a lot of people within the federal bureaucracy who tried to prevent family separations from taking place. Within the Health and Human Services agency, which cares for children, there was a man named Jonathan White who oversaw, at the beginning of the Trump administration, the program that houses kids in federal custody. He found out about family separation in an early and rare meeting where you actually had HHS invited to meet with the law-enforcement side. Normally those two agencies—which have to work together on immigration—really don’t play well together, because HHS is made up of a lot of people like White, who are social workers and have backgrounds in child welfare, and then are sitting in the room with cops. It’s a fraught relationship that is detrimental for all sides.

    White finds out in an early meeting about this proposal to separate families. And he starts writing up reports mentioning that the agency did not have enough space to house children who are separated, who tend to be younger than those who crossed the border on their own. They didn’t have the resources to deal with the emotional fallout that was easily anticipated by any expert familiar with child welfare and the state a child is going to be in when they’ve just been separated from their parent. He also pointed out that children who cross the border with their parents don’t necessarily have anywhere to go. A child who chooses to cross the border on their own is typically coming here because they have an aunt or a relative, somebody who can take them in in the United States. A child who comes to the United States with their parent is expecting to remain with their parent. Whether they get asylum status or are ultimately deported, the expectation is that they’re going to stay together. And so White started to point out, along with several of his colleagues, that not only did they believe this was a bad idea, the resources just didn’t exist.

    You have versions of that same fight, that same argument, being made within DHS, the DOJ, and the U.S. Marshal system. I found examples in all of these places of people within the federal bureaucracy who tried to raise concerns with the White House, with people in their agency leadership, about why this was such a bad idea. There are a lot of people who fought back, and ultimately they didn’t win the argument.

    Goldberg: What’s your assessment of the success of President Biden’s executive order setting up the task force for family reunification? How many children do we still think are out there floating in the bureaucratic abyss who haven’t been unified with their parents?

    Dickerson: Almost all of the children who were separated have been released from federal custody. If they haven’t been reunified with their parents, they’re in the care of a sponsor: an extended relative or a family friend who went through an application process and was approved to take that child in. That’s very different from reuniting them with the parent with whom they crossed the border, with whom they were living and planning to continue living more than four years ago. That number is between 700 and 1,000—those who have not been officially reunited with their parents, according to government records. Some of them may have, and are thought to have found, their parents on their own and just not reported it to the U.S. government, kind of understandably—not wanting to deal with the U.S. government anymore and fearing future consequences.

    The Biden administration had a really tall order in front of it when this task force to reunify separated families was established. So much time had passed, and record keeping was so poor that they had very little to work with. Thus far they’ve been able to track down more than 400 families that have been reunified, and there are several hundred more who are in the process of applying. What I hear from the ACLU and advocacy groups is that the Biden administration is working really hard and doing its best to reunify these families, and they’ve had a significant amount of success in the face of this challenge.

    But now they’re dealing with really complicated cases. I’ve heard about parents, for example, who were deported without their kids. That happened in over 1,000 cases. They’ve been back at home since then, and they’ve had to perhaps take custody of an extended relative’s child. I heard about one parent whose sister had been killed. And so the sister’s children were now being taken care of by the separated parent. So then the separated parent is applying to come back and rejoin their own child. And are those other children eligible to come to the United States? It’s not totally clear. I mean, this is what happens. It’s very messy logistically when you separate a family for four years and then try to bring them back together. And so the numbers are shrinking, but the challenge is kind of growing in terms of getting these final families reunified.

    Goldberg: Something that, in the colloquial sense, is completely unbelievable to me is that when family separation actually started, no one—for weeks—thought to even write down, keep a log, an Excel spreadsheet, of where the children were going, who their parents were. You could define that as negligence, but negligence bleeds over into immorality very quickly. That, to me, of all the incredible reporting that you did, struck me as almost too much. What for you is the aspect of this entire multiyear saga that you still can’t get your mind around? What’s the thing that still stays in your mind as, “I can’t believe that actually happened?”

    Dickerson: The one that I still can’t really believe is the number of people I interviewed who held very significant roles in DHS or in the White House overseeing this issue, to whom I had to explain basic tenets of the immigration-enforcement system. They would say to me, “We never expected to lose track of parents and children. Couldn’t have imagined things would go as poorly as they did.” That just doesn’t make any sense. You can call up any prosecutor in the country and ask them, “Hey, tomorrow I want to start prosecuting hundreds of parents at a time who are traveling with young children who are outside of their communities, with nobody nearby to take those children in. And by the way, they don’t speak the language that most government officials talking to them are going to be using. Is that going to work?” They would tell you it obviously won’t. I was shocked that, to this day, many people involved in this decision making still don’t understand how immigration enforcement works.

    Watch: Atlantic editor in chief Jeffrey Goldberg in conversation with staff writer Caitlin Dickerson

    Jeffrey Goldberg

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