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Tag: Stephen Miller

  • Loyalists, Lapdogs, and Cronies

    Loyalists, Lapdogs, and Cronies

    When Donald Trump first took office, he put a premium on what he called “central casting” hires—people with impressive résumés who matched his image of an ideal administration official. Yes, he brought along his share of Steve Bannons and Michael Flynns. But there was also James Mattis, the decorated four-star general who took over the Defense Department, and Gary Cohn, the Goldman Sachs chief operating officer who was appointed head of the National Economic Council, and Rex Tillerson, who left one of the world’s most profitable international conglomerates to become secretary of state.

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    Trump seemed positively giddy that all of these important people were suddenly willing to work for him. And although his populist supporters lamented the presence of so many swamp creatures in his administration, establishment Washington expressed pleasant surprise at the picks. A consensus had formed that what the incoming administration needed most was “adults in the room.” To save the country from ruin, the thinking went, reasonable Republicans had a patriotic duty to work for Trump if asked. Many of them did.

    Don’t expect it to happen again. The available supply of serious, qualified people willing to serve in a Trump administration has dwindled since 2017. After all, the so-called adults didn’t fare so well in their respective rooms. Some quit in frustration or disgrace; others were publicly fired by the president. Several have spent their post–White House lives fielding congressional subpoenas and getting indicted. And after seeing one Trump term up close, vanishingly few of them are interested in a sequel: This past summer, NBC News reported that just four of Trump’s 44 Cabinet secretaries had endorsed his current bid.

    Even if mainstream Republicans did want to work for him again, Trump is unlikely to want them. He’s made little secret of the fact that he felt burned by many in his first Cabinet. This time around, according to people in Trump’s orbit, he would prioritize obedience over credentials. “I think there’s going to be a very concerted, calculated effort to ensure that the people he puts in his next administration—they don’t have to share his worldview exactly, but they have to implement it,” Hogan Gidley, a former Trump White House spokesperson, told me.

    What would this look like in practice? Predicting presidential appointments nearly a year before the election is a fool’s errand, especially with a candidate as mercurial as this one. And, whether for reasons of low public opinion or ongoing legal jeopardy, some of Trump’s likely picks might struggle to get confirmed (expect a series of contentious hearings). But the names currently circulating in MAGA world offer a glimpse at the kind of people Trump could gravitate toward.

    One Trump-world figure with a record of deference to the boss is Stephen Miller. As a speechwriter and policy adviser, Miller managed to endure while so many of his colleagues flamed out in part because he was satisfied with being a staffer instead of a star. He was also fully aligned with the president on his signature issue: immigration. Inside the White House, Miller championed some of the administration’s most draconian measures, including the Muslim travel ban and the family-separation policy. In a second Trump term, some expect Miller to get a job that will give him significant influence over immigration policy—perhaps head of Immigration and Customs Enforcement, or even secretary of homeland security. Given Miller’s villainous reputation in Democratic circles, however, he might have a hard time getting confirmed by the Senate. If that happens, some think White House chief of staff might be a good consolation prize.

    For secretary of state, one likely candidate is Richard Grenell. Before Trump appointed him ambassador to Germany in 2018, Grenell was best-known as a right-wing foreign-policy pundit and an inexhaustible Twitter troll. He brought his signature bellicosity to Berlin, hectoring journalists and government officials on Twitter, and telling a Breitbart London reporter early in his tenure that he planned to use his position to “empower other conservatives throughout Europe.” (He had to walk back the comment after some in Germany interpreted it as a call for far-right regime change.)

    Grenell’s undiplomatic approach to diplomacy exasperated German officials and thrilled Trump, who reportedly described him as an ambassador who “gets it.” Grenell has spent recent years performing his loyalty as a Trump ally and, according to one source, privately building his case for the secretary-of-state role.

    One job that Trump will be especially focused on getting right is attorney general. He believes that both of the men who held this position during his term—Jeff Sessions and Bill Barr—were guilty of grievous betrayal. Since then, Trump has been charged with 91 felony counts across four separate criminal cases—evidence, he claims, of a historic “political persecution.” (He has pleaded not guilty in all cases.) Trump has pledged to use the Justice Department to visit revenge on his persecutors if he returns to the White House.

    “The notion of the so-called independence of the Department of Justice needs to be consigned to the ash heap of history,” says Paul Dans, who served in the Office of Personnel Management under Trump and now leads an effort by the Heritage Foundation to recruit conservative appointees for the next Republican administration. To that end, Trump allies have floated a range of loyalists for attorney general, including Senators Ted Cruz, Mike Lee, and Josh Hawley; former Florida Attorney General Pam Bondi; and Jeffrey Clark, formerly one of Trump’s assistant attorneys general, who was indicted in Georgia on charges of conspiring to overturn the 2020 election (the charges are still pending).

    Vivek Ramaswamy—the fast-talking entrepreneur running in the Republican presidential primary as of this writing—is also expected to get a top post in the administration. Ramaswamy has praised Trump on the campaign trail and positioned himself as the natural heir to the former president. Trump has responded to the flattery in kind, publicly praising his opponent as a “very, very, very intelligent person.” Some have even speculated that Ramaswamy could be Trump’s pick for vice president.

    One source close to Ramaswamy told me that a Trump adviser had recently asked him what job the candidate might want in a future administration. After thinking about it, the source suggested ambassador to the United Nations, reasoning that he’s a “good talker.” The Trump adviser said he’d keep it in mind, though it’s worth noting that Ramaswamy’s lack of support for Ukraine and his suggestion that Russia be allowed to keep some of the territory it has seized could lead to confirmation trouble.

    Beyond the high-profile posts, the Trump team may have more jobs to fill in 2025 than a typical administration does. Dans and his colleagues at Heritage are laying the groundwork for a radical politicization of the federal civilian workforce. If they get their way, the next Republican president will sign an executive order eliminating civil-service protections for up to 50,000 federal workers, effectively making the people in these roles political appointees. Rank-and-file budget wonks, lawyers, and administrators working in dozens of agencies would be reclassified as Schedule F employees, and the president would be able to fire them at will, with or without cause. These fired civil servants’ former posts could be left empty—or filled with Trump loyalists. To that end, Heritage has begun to put together a roster of thousands of pre-vetted potential recruits. “What we’re really talking about is a major renovation to government,” Dans told me.

    Trump actually signed an executive order along these lines in the final months of his presidency, but it was reversed by his successor. On the campaign trail, Trump has vowed to reinstate it with the goal of creating a more compliant federal workforce for himself. “Either the deep state destroys America,” he has declared, “or we destroy the deep state.”


    This article appears in the January/February 2024 print edition with the headline “Loyalists, Lapdogs, and Cronies.”

    McKay Coppins

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  • Stephen Miller Threatens Law Schools Who Ignore SCOTUS Affirmative Action Decision

    Stephen Miller Threatens Law Schools Who Ignore SCOTUS Affirmative Action Decision

    Former White House adviser Stephen Miller sent a testy message to top law schools over the weekend following the Supreme Court’s decision banning colleges from using affirmative action in their admission decisions.

    The Republican gadfly preemptively pestered 200 of the nation’s law school deans with the threat of legal action if they “violate, circumvent, bypass, subvert or otherwise program around” the ruling in Students for Fair Admissions cases against Harvard University and the University of North Carolina.

    In its decision, the Supreme Court determined colleges cannot consider race as a factor in admissions based on the 14th Amendment’s Equal Protection Clause.

    Miller, who served as a top adviser to President Donald Trump from 2017 to 2021 and is now the president of America First Legal, announced his legal plans in a smug Twitter video on Saturday.

    In the video, he told followers, “Today, we sent a warning letter to the deans of 200 law schools around America, telling them that they must obey the Supreme Court’s ruling striking down illegal racial discrimination and affirmative action.”

    “If they try to violate, circumvent, bypass, subvert or otherwise program around that ruling, we are going to take them to court,” Miller went on. “We are going to hold them to account.”

    Further details about the campaign were not clear. HuffPost has reached out to America First Legal requesting more information about its plans.

    While this week’s Supreme Court decision dealt a heavy blow to the practice of race-conscious college admissions, the opinion does not bar university applicants from discussing race outright.

    The ruling, authored by Chief Justice John Roberts, still allows prospective students to discuss race in regard to their individual life experiences.

    Affirmative action policies emerged after the civil rights movement of the 1960s, aiming to increase educational opportunities for Black and Latino students.

    The policies incited accusations of “reverse racism” from white Americans, and in recent years, conservatives have argued affirmative action unfairly disadvantages Asian American college applicants.

    Asian American students’ claims were the basis for both of the cases that led the Supreme Court to declare affirmative action programs in colleges unconstitutional.

    Stephen Miller speaks during a television interview outside the White House on August 20, 2020. (AP Photo/Patrick Semansky)

    Studies show that abandoning the practice will have profound effects on the number of Black and Latino students accepted into the nation’s most selective schools.

    In a dissenting opinion, Justice Sonia Sotomayor wrote, “The Court subverts the constitutional guarantee of equal protection by further entrenching racial inequality in education, the very foundation of our democratic government and pluralistic society.”

    Justice Ketanji Brown Jackson authored a dissent regarding the case against UNC, writing, “It is no small irony that the judgment the majority hands down today will forestall the end of race-based disparities in this country, making the colorblind world the majority wistfully touts much more difficult to accomplish.”

    Miller’s America First Legal group has made a habit of inserting itself into hot-button conservative conflicts.

    In May, the group hinted at action against beer giant Anheuser-Busch after its flagship brand Bud Light partnered with transgender influencer Dylan Mulvaney.

    America First Legal asked shareholders upset with companies “promoting transgender, LGBTQ and PRIDE products” to get in contact, signaling possible plans for a class-action suit.

    In 2021, AFL filed suit against the Biden administration, accusing them of discriminating against white farmers in its $1.9 billion COVID relief plans.

    During the 2022 midterm elections, the group paid for radio ads accusing President Biden and his administration of broad discrimination, asking, “When did racism against white people become OK?”

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  • Trump Administration Angel of Darkness Stephen Miller Allegedly Wanted to Bomb Migrant Boats: Report

    Trump Administration Angel of Darkness Stephen Miller Allegedly Wanted to Bomb Migrant Boats: Report

    One person who will definitely be upset about today‘s ruling is Donald Trump, who unsuccessfully argued while trying to overturn the 2020 election that state legislatures have the rights that the Court said today they definitely do not.

    Anyway, don’t get too excited about the Supreme Court choosing to do the right thing, as they will soon render decisions on affirmative action and Biden’s student debt relief plan, neither of which are expected to turn out as happily.

    Right-wing legal argument: Because Trump lies a lot, maybe he was lying about the classified document in question being classified, and is therefore innocent

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    “They want to take away your washing machines and your dyers” is the new “People are flushing toilets 10 times, 15 times

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    Bess Levin

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  • Stephen Miller led-group emerges as top legal foe of Biden initiatives | CNN Politics

    Stephen Miller led-group emerges as top legal foe of Biden initiatives | CNN Politics



    CNN
     — 

    A conservative legal group led by former top Trump aide Stephen Miller has emerged as a frequent opponent to several Biden administration initiatives by mounting court challenges, succeeding in blocking policies they say are examples of reverse discrimination.

    Miller touts America First Legal as “the long-awaited answer to the (American Civil Liberties Union),” and his group has garnered several legal victories against the Biden administration in the past few weeks and months, most notably on issues of racial discrimination.

    The group has aired advertisements criticizing the Biden administration’s policies on LGBTQ rights and has filed a class-action lawsuit against Texas A&M University, claiming the college has “engaged in a discriminatory hiring practice, choosing which candidates to hire based on their race or sex.” That lawsuit is ongoing.

    In 2021, America First Legal was also successful in halting some Covid-19 relief funds under the Small Business Administration’s Restaurant Revitalization Fund to women, veterans and minority business owners who could apply for grants during a priority period in its initial rollout, a move Miller argued was an “unconstitutional and racially discriminatory scheme.”

    Perhaps most notably, the organization was involved in legal challenges that forced the Biden administration to create a work-around on getting debt relief for farmers of color. An effort passed as part of the Covid-19-related American Rescue Plan in 2021 was challenged in court by a litany of lawsuits by some White farmers who complained that the effort to remedy longstanding inequities by wiping the debt of only farmers of color was itself discriminatory.

    America First Legal filed a lawsuit against the effort, representing Texas Agriculture Commissioner Sid Miller and a group of White farmers in the state who also argued that the program is unconstitutional because of racial discrimination. The lawsuits led to an injunction that blocked the debt relief payments.

    Attorneys argued that the USDA’s definition of “socially disadvantaged farmer and rancher” that excludes Whites is “patently unconstitutional.” They also said the agency was violating the Constitution by “discriminating on the grounds of race, color, and national origin” in the program and that the court should prohibit the clause from being enforced.

    Ultimately, the administration abandoned the effort and quietly tucked a couple provisions into the Inflation Reduction Act that passed over the summer to allocate debt relief that is eligible to farmers of all backgrounds, regardless of race.

    CNN has reached out to America First Legal for comment.

    Several Black farmers and social justice advocates have said Miller’s actions are harmful.

    “I want to set the record straight – no one is against White farmers in this country,” John Boyd Jr., 57, a fourth-generation farmer who is founder and president of the National Black Farmers Association, told CNN. He added that what Miller is doing to Black farmers through the legal challenges is “humiliating and the worst thing you can do for race-relations in this country.”

    Dorian Spence, a lawyer whose firm represented the Federation of Southern Cooperatives, a group of southern cooperatives that has been advocating for Black farmers in litigation brought by White farmers, told CNN that Miller’s group uses “grievance politics through the rule of law to try to exclude people of color broadly, but in certain pockets Black people specifically from areas of opportunity.”

    “America First sees an America that is increasingly White, White male-driven,” Spence said.

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  • Call Of Duty Composer Leaves, Says MW2 Soundtrack Is ‘Not My Artistic Intent’

    Call Of Duty Composer Leaves, Says MW2 Soundtrack Is ‘Not My Artistic Intent’

    Image for article titled Call Of Duty Composer Leaves, Says MW2 Soundtrack Is 'Not My Artistic Intent'

    Image: Modern Warfare II

    Sarah Schachner, one of the most prolific and well-known composers working in video games, has issued a statement today saying that she will no longer be creating any music for Modern Warfare II or Warzone.

    Schachner, whose credits as a composer and musician include the Assassin’s Creed series (Unity, Black Flag, Origins & Valhalla), Far Cry, Need for Speed, Bioware’s Anthem and Call of Duty games (Infinite Warfare, Modern Warfare & Modern Warfare II), posted the statement on Twitter, saying that she “can no longer continue to compose music” for Activision’s latest shooter.

    “Over the past couple of months the working dynamic with the audio director has become increasingly challenging and I don’t see any path forward”, the statement says. “As of now, I am unsure of the status and release plan for the soundtrack as it’s been taken out of my hands.”

    Those soundtrack plans have been the subject of fan curiosity ever since the game’s release, since it’s rare for a major blockbuster like this to come out and not have its official album accompany it. Schachner’s statement suggests that her “challenging” dynamic with the audio director (which Variety reports is Stephen Miller) is at least partly down to this soundtrack release, as she adds “what will be released on the soundtrack is not my artistic intent in regards to mixing and mastering”.

    You can read the full statement below:

    I am sad to say I can no longer continue to compose music for MWII / Warzone. Over the past couple of months the working dynamic with the audio director has become increasingly challenging and I don’t see any path forward. As of now, I am unsure of the status and release plan for the soundtrack as it’s been taken out of my hands.

    While I don’t have any control over how the music is presented in-game, what will be released on the soundtrack is not my artistic intent in regards to mixing and mastering. Mike Dean was a part of the creative vision for the album as well as mixer Frank Wolf. We have soundtrack masters in hand from Mike which unfortunately you will never get to hear.

    I would like to acknowledge the incredible hard work of the audio team as a whole, and I hope you still enjoy it because I put so much work and effort into it. The score features some wonderful performances by musicians Baseck, Brain Mantia, and M.B. Gordy. I’m truly appreciative of the outreach so far and I feel a responsibility to the fans to remain authentic in my approach with the game and its sound which I have been a part of creating for many years.

    Thank you, Sarah

    Luke Plunkett

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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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