Why Is America So Keen on Separating Families?
January 27, 2022
This week we’re going to talk about families, and a uniquely American hypocrisy surrounding them. On the one hand, politicians are always talking about supporting strong, nuclear families, and in some ways, we do. We give tax breaks to people who get married and have children. Kids eat free at Denny’s on Tuesdays. Yet, also in America, government officials at the federal, state, and local levels are tearing families apart by the thousands under the cover of our laws.
For example, in the Trump administration, the Department of Homeland Security forcibly separated more than 5,000 migrant parents from their children – some as young as 4 months old – under Trump’s “zero tolerance” border policy. To this day, a thousand children and maybe more are yet to be reunited with their families. They remain stranded and alone.
Candidate Joe Biden had called the policy “criminal. But in December the Justice Department walked away from settlement talks with lawyers representing those families.
And immigration enforcement isn’t the only way we destroy families. The criminal justice system and the child welfare system do it too, in astonishing numbers, and usually to the most vulnerable among us.
To discuss this double-standard–propping up some families while destroying others–the and the continued trauma and ongoing battle of separated families is Lee Gelernt, deputy director of the ACLU’s Immigrants’ Rights Project, who has steered the border separation litigation from the beginning. Joining him is Shanta Trivedi, assistant professor at the University of Baltimore Law School and faculty director of the Meyerhoff Center for Families, Children, and the Courts – a foremost expert on the law around family trauma.
In this episode
Shanta Trivedi
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Press ReleaseDec 2025
Human Rights
World Cup 2026: Fifa Needs To Act On Human Rights. Explore Press Release.World Cup 2026: FIFA Needs to Act on Human Rights
WASHINGTON — FIFA, the international soccer governing body, needs to match its lofty rhetoric on rights with concrete action, a coalition of human rights organizations, trade unions, and fans groups said today. FIFA is holding its World Cup draw at the Kennedy Center in Washington on December 5, 2025, and awarding its first “FIFA Peace Prize.” The Sport & Rights Alliance, Dignity 2026, ACLU, AFL-CIO, Amnesty International, Human Rights Watch, the Independent Supporters Council, NAACP, Athlete Ally and Reporters Without Borders have come together to press FIFA to deliver a World Cup that respects the rights of fans, players, workers, journalists, and local communities. The 2026 FIFA Men's World Cup, co-hosted by the United States, Canada, and Mexico, represents an opportunity to implement a new model for FIFA events—one that supports strong workers’ protections, safeguards children’s rights, upholds media freedom, and ensures that working people and communities benefit from hosting this mega-sporting event, the groups said. “Workers, athletes, fans, and communities make the World Cup possible,” said Andrea Florence, executive director of the Sport & Rights Alliance. “The 2026 World Cup is the first to begin with human rights criteria embedded in the bidding process. But the deteriorating human rights situation in the United States has put those commitments at risk.” With 200 days until kickoff, the escalating attacks on immigrants in the United States, FIFA’s cancellation of anti-discrimination messaging, and threats to press freedom and the rights of peaceful protesters signal a tournament heading in the wrong direction, the human rights and labor groups said. There has ben no transparency around FIFA’s Peace Prize process. Human Rights Watch has written to FIFA to request a list of the nominees, the judges, the criteria, and the process for the Peace Prize. Human Rights Watch received no response. “FIFA’s so-called peace prize is being awarded against a backdrop of violent detentions of immigrants, national guard deployments in US cities, and the obsequious cancellation of FIFA’s own anti-racism and anti-discrimination campaigns,” said Minky Worden, who oversees sport for Human Rights Watch. “There is still time to honor FIFA’s promises for a World Cup not tainted by human rights abuses, but the clock is ticking.” “The Trump administration has aggressively pursued a systematic anti-human rights campaign to target, detain, and disappear immigrants in communities across the US – including the deployment of the National Guard in cities where the World Cup will take place,” said Jamil Dakwar, human rights director at the ACLU. “FIFA’s own policy states that they will leverage their business relationships to mitigate adverse human rights impacts – and it’s critical that they wield that influence to end rights violations including freedom of speech and assembly rights. We call on FIFA to honor its human rights commitments, not capitulate to Trump’s authoritarianism.” As part of FIFA’s human rights framework for the 2026 World Cup, each of the 16 host cities is required to develop its own “human rights action plan” to prevent discrimination, support workers’ rights, protet chldren, and combat human trafficking. Human Rights Watch, along with the Sport & Rights Alliance, Dignity 2026, and their member organizations, are calling on FIFA and host committees to: Reinstate anti-discrimination messaging; Commit to ensuring effective protections against racial profiling, arbitrary detention, and unlawful immigration enforcement during the tournament; Work closely with community partners on finalizing the Human Rights Action Plans; Take effective steps to ensure respect for the rights to freedom of expression and peaceful protest; Announce and implement a comprehensive Child Safeguarding Policy; Ensure meaningful community benefit from the 2026 World Cup; and Take effective steps to ensure that the 2026 World Cup does not lead to abuses of vulnerable communities, including the jailing of unhoused populations. Quotes from civil society experts are as follows: "The 2026 World Cup is an opportunity to show that mega-sporting events can be delivered without exploiting workers," said Cathy Feingold, international director at the American Federation of Labor and Congress of Industrial Organizations (AFL-CIO), and International Trade Union Confederation (ITUC) deputy president. "From stadium construction to match day operations, workers at every level deserve fair wages, safe conditions, and the right to organize. FIFA cannot claim to celebrate peace while ignoring the conditions of the people who make these games possible. We need binding commitments, not just promises." “Every four years, billions of people turn their attention to the World Cup and its host countries,” said Clayton Weimers, executive director, Reporters Without Borders (RSF) USA. “They rely on journalists to deliver reliable information with appropriate context to tell the story of this tournament both on and off the field. Unfortunately, journalists in the US are seeing their access restricted, their visas threatened, and their safety put into question. FIFA and the host governments must guarantee the freedom and safety of journalists before, during, and after the 2026 World Cup.” “Attending a soccer match should never result in arbitrary detention or deportation," said Daniel Noroña, Americas advocacy director, Amnesty International USA. "The threat of immigration enforcement at Club World Cup venues is deeply troubling, and FIFA cannot be silent. FIFA must obtain binding guarantees from US authorities that the tournament will be a safe space for all, regardless of immigration status.” “FIFA's decision to cancel anti-racism and anti-discrimination messaging at the Club World Cup sent a chilling signal to communities of color and all who have fought for equality in sport,” said Jamal Watkins, senior vice president of strategy and advancement, National Association for the Advancement of Colored People (NAACP). “At a time when hate crimes are rising and DEI programs are under attack, FIFA should not be retreating.” “As an out athlete, I know what it means to compete in environments where you're not sure you'll be safe,” said Matthew Pacifici, former men's professional player in the US and Athlete Ally ambassador. “LGBTQ+ players and fans need more than symbolic gestures—we need enforceable protections. The homophobic chants at the Club World Cup in Atlanta show exactly why FIFA's retreat from anti-discrimination messaging is so dangerous. Players and fans must know that FIFA will protect them, not abandon them.” “Supporters are the backbone of this sport, yet FIFA keeps making decisions about our safety without ever talking to the people who actually show up,” said Bailey Brown, president, Independent Supporters Council. “You cannot claim to 'unite the world' while shutting out the very fans who bring the energy and passion to every match. We’re asking for something simple: transparency, real consultation, and concrete protections for every supporter at the 2026 World Cup.” “It is unacceptable that FIFA has no child safeguarding policy for the 2026 World Cup,” said Katherine La Puente, children’s rights coordinator at Human Rights Watch. “Risks children can face in the context of major sporting events include trafficking, sexual exploitation, child labor, and family displacements, among other forms of violence and abuse.” “For the World Cup to truly 'unite the world,' both FIFA and host committees need to ensure that the rights and dignity of everyone, whether residents or visitors, are protected and not exploited,” said Jennifer Li, coordinator of Dignity 2026 and director of the Center for Community Health Innovation at Georgetown Law. “For example, people who are unsheltered should not be criminalized for their status or displaced as part of so-called beautification efforts. FIFA and host cities have a responsibility to ensure that hosting communities benefit from this event, and that the most vulnerable residents do not bear the greatest costs.” -
News & CommentaryNov 2025
Privacy & Technology
+3 Issues
Face Recognition And The ‘trump Terror’: A Marriage Made In Hell. Explore News & Commentary.Face Recognition and the ‘Trump Terror’: A Marriage Made in Hell
ICE and CBP are smashing their way not only through car windows but also through any constraints on the use of face recognitionBy: Jay Stanley -
Press ReleaseNov 2025
Immigrants' Rights
Human Rights
Immigrants Sue Trump Administration Over Inhumane Conditions At California’s Largest Immigration Detention Center. Explore Press Release.Immigrants Sue Trump Administration Over Inhumane Conditions at California’s Largest Immigration Detention Center
SAN FRANCISCO – Seven people detained by Immigration and Customs Enforcement (ICE) sued the Trump administration over inhumane conditions at California’s largest immigration detention center, the privately owned California City Detention Facility located in Kern County. The plaintiffs, who seek to represent a class of all people held at California City, describe in their complaint: Punishing conditions including dirty housing units, inadequate food and water, very cold temperatures, and restrictions on family visits Enforced isolation caused by frequent lockdowns, no access to programming, and excessive solitary confinement Terrifyingly inadequate medical care that deprives people of critical treatment for cancer, life-threatening heart conditions, diabetes and other serious medical needs Neglect of people with disabilities including failing to provide sign language interpreters, wheelchairs, and other necessities people need to live safely Encroachment on freedom of religion, including confiscation of prayer mats, head coverings and even holy texts Denial of access to counsel, with weeks-long delays for legal calls and long waits for in-person visits California City previously operated as a state prison managed by the California Department of Corrections and Rehabilitation. ICE contracted with the for-profit company CoreCivic to re-open the prison as an immigration detention center this year. Since its re-opening, it has come under intense criticism, with people detained at California City describing the facility as a “torture chamber,” and community members expressing outrage over its deplorable conditions. Detained people also have engaged in numerous sit-ins and hunger strikes, including in mid-September, when over 100 people across several housing pods engaged in collective action to demand an end to many of the abuses the lawsuit challenges. Sokhean Keo, a named plaintiff in the lawsuit, said, “I'm bringing this lawsuit to try to help end the suffering and pain that I see in here. ICE is playing with people's lives, and they treat people like they're trash, like they're nothing. Some of the people I'm detained with don't even have soap — they take showers without soap — and they're losing weight because they don't have enough to eat. This is bigger than me, but filing this lawsuit feels like something I can do to call for help for myself and everyone else here.” The lawsuit, Gomez Ruiz, et al. v. ICE, was filed in the U.S. District Court of Northern California and seeks to redress violations of the First Amendment, Fifth Amendment, and the Rehabilitation Act. The plaintiffs are represented by the Prison Law Office, Keker Van Nest & Peters LLP, the American Civil Liberties Union, and the California Collaborative for Immigrant Justice. Gustavo Guevara, also a named plaintiff, added, “No human being, immigrant or not, should be subjected to these horrendous conditions. I hope society becomes aware of the abuse, neglect, indifference, and the overall unjust treatment we are being subjected to, and does not turn a blind eye. It’s not right that because we’re immigrants they feel they can treat us this way.” ICE began quietly transferring people to the facility in late August. Just four weeks after its opening, Disability Rights California conducted a monitoring visit and found that California City “fails to meet people’s basic needs,” fails to “provide access to critical medical” care, and “employs staff who harass” detained people. With 2,560 beds, the facility is the largest immigration detention center in California. At the time of filing, more than 800 people were detained in the facility. CoreCivic projects it will reach full capacity by early 2026 as ICE continues to admit new arrivals on a daily basis as part of the Trump administration’s unprecedented mass arrests of community members and expansion of ICE detention. Additional quotes from co-counsel are as follows: “The treatment of the people held in the California City facility is yet another example of ICE’s utter disregard for the rights and dignity of people in its custody,” said Kyle Virgien, senior staff attorney at the ACLU’s National Prison Project. “Access to necessities like food, basic medical care, and counsel aren’t mere suggestions – they are constitutionally protected rights that all people in detention are entitled to.” “Eight hundred people are currently locked up in the Mojave Desert in conditions no society should tolerate, and by all accounts, that number is about to triple,” said Tess Borden, supervising staff attorney at the Prison Law Office. “Our clients are bringing this lawsuit to seek constitutionally adequate conditions of confinement for the hundreds of people at California City and the hundreds more to come, and to shine a light onto the abuses occurring within the ever-expanding immigration detention system in our country.” “What is happening at California City is punitive and unconstitutional,” emphasized Steven P. Ragland, partner at Keker, Van Nest & Peters LLP. “People held there are being denied basic human rights, dignity and due process, and we are committed to fixing these horrendous conditions and holding the government accountable.” “As our phones are flooded with videos of federal agents arresting our neighbors with extreme violence and cruelty, the brave plaintiffs in this suit remind us through their constant struggle for justice that the abuse does not end there, but continues out of view of the cameras, behind the walls of places like California City Detention Facility,” said Priya Patel, Supervising Attorney at the California Collaborative for Immigrant Justice. The complaint is available here: https://assets.aclu.org/live/uploads/2025/11/11.12.25-Calcity-Complaint-filed.pdf -
Press ReleaseNov 2025
Human Rights
Civil Society Organizations Join Un Human Rights Council In Urging Trump Administration To Cooperate With The Universal Periodic Review. Explore Press Release.Civil Society Organizations Join UN Human Rights Council in Urging Trump Administration to Cooperate with the Universal Periodic Review
GENEVA – The United Nations Human Rights Council today called on the United States to resume its cooperation with the Universal Periodic Review (UPR), a mechanism that calls for each UN Member State to undergo a peer review of its human rights record every five years. In its decision, the Human Rights Council also announced that it would reschedule the UPR of the U.S. for 2026, while leaving open the possibility for it to be scheduled sooner. In August, the Trump administration announced that it would boycott the UPR, breaking longstanding participation in the UPR in an attempt to evade accountability for its human rights record. The UN Human Rights Council had given the U.S. government until Friday afternoon to appear in person before the council before issuing its decision. In response to the failure of the U.S. to appear and the adoption of the resolution on non-cooperation, civil society organizations and state and local officials, who are attending the UN meeting in Geneva this week, echoed the Human Rights Council’s calls on the Trump administration to resume its cooperation with the UPR. Statements from partners are as follows: “The Human Rights Council’s decision makes clear that the Trump administration cannot evade accountability,” said Jamil Dakwar, director of the Human Rights Program at the American Civil Liberties Union. “We condemn the Trump administration for undermining the UPR and setting a dangerous example that will further weaken universal human rights at home and abroad.” “The Trump administration is abandoning its obligations to human rights protections domestically and internationally,” said Robert Saleem Holbrook, executive director of the Abolitionist Law Center. “In yet another instance of the authoritarian path this administration is embarking on, the refusal to participate in the UPR’s international convening will only harm its own interests. The decision reflects a reckless act devoid of leadership and deserves to be condemned and rebuked in the strongest possible terms.” “The Trump administration's unprecedented decision not to participate in the UPR human rights review is shameful and reflective of the fact that they are either unwilling or unable to defend their abhorrent human rights record,” said Chandra Bhatnagar, executive director of the ACLU of Southern California. “From the discrimination and violence inflicted in the ICE raids, to the attacks on free speech of protesters and journalists, to the deployment of the national guard in American cities when no crisis exists, the world is watching the United States government attacking the constitutional and human rights of its own people. " Siya Hegde, Staff Attorney at the National Homelessness Law Center, remarked that “the Trump Administration’s failure to show up for its own review and pretend it is above the law has again made it clear that it does not care about basic human rights. To maintain any sense of legitimacy for the international human rights system that has provided protections for billions of people for the past 80 years, the UN Human Rights Council must call this out in the strongest possible terms. Without this international accountability, the risk of harms to people both in the U.S. and abroad, including to the millions of unhoused people in the U.S. who are being criminalized simply for not being able to afford the rent, will go up even more than it already has.” “This is unprecedented: the United States risks becoming the first country in the history of the UN’s Universal Periodic Review process to fully evade this important human rights-related review,” said Carolyn Nash, Advocacy Director with Amnesty International USA. “The Trump administration has doubled down on its disregard for international accountability and human rights at home and around the world. This failure to participate is a further abandonment of the U.S. government’s human rights commitments – it must not stand. The Trump administration can, and must, reverse course, submit its national report for the review, even belatedly, and attend its review in 2026.” “The international community must act now with the courage demonstrated by all sectors of civil society and people’s movements fighting back against the U.S. government’s cruelty and belligerence,” said Nadia Ben-Youssef, Advocacy Director for the Center for Constitutional Rights. “While successive U.S. administrations have enjoyed impunity for grave violations of human rights and thus eroded the international legal system, Trump’s latest moves are so egregious they threaten the possibility of a world order premised on values of equality, justice, and repair. We must resist with everything we have.”Affiliate: Southern California