Myth vs. Fact: DHS Zero-Tolerance Policy
Myth
DHS has a policy to separate families at the border.
Fact
DHS does not have a blanket policy of separating families at the border. However, DHS does have a responsibility to protect all minors in our custody. This means DHS will separate adults and minors under certain circumstances. These circumstances include: 1) when DHS is unable to determine the familial relationship, 2) when DHS determines that a child may be at risk with the parent or legal guardian, or 3) when the parent or legal guardian is referred for criminal prosecution.
In recent months, DHS has seen a staggering increase in the number of illegal aliens using children to pose as family units to gain entry into the United States. From October 2017 to February 2018, there was a
315 percent increase in the number of cases of adults with minors fraudulently posing as “family units” to gain entry.
Myth
Prior to April 2017, DHS never separated families arriving at the border.
Fact
DHS has separated families under the circumstances described above. Because of court decisions, DHS can generally no longer hold families in detention beyond 20 days.
Myth
DHS can indefinitely detain families who cross the border illegally.
Fact
DHS generally releases families within 20 days. This creates a “get out of jail free” card for illegal alien families and encourages groups of illegal aliens to pose as families hoping to take advantage of that loophole.
Myth
DHS is turning away asylum seekers at ports of entry.
Fact
DHS complies with Federal law with regard to processing individuals claiming asylum at ports of entry.