Former ICE lawyer switches sides: I want to protect immigrant children, not prosecute them

[kpete]

Laura Peña, Opinion contributor Published 5:00 a.m. ET June 27, 2018 | Updated 8:03 a.m. ET June 27, 2018
I used to be an ICE lawyer but now I'm going to defend immigrant parents and children. I didn't become an attorney to prosecute and deport babies.


Obama handled families differently

.........

As children continued to travel north in mass numbers without their parents, the administration made the tough decision to create what former Homeland Security Secretary Jeh Johnson described as “crude” converted day care facilities intended for adults. The Obama administration distinguished between unaccompanied children and family units, supported asylum for victims of domestic violence, and worked within established case law. In stark contrast to putting families first, the Trump administration ignored decades of legal standards and made family separation the rule for all.

Now, “tender age” facilities are imprisoning infants and toddlers far away from their parents. Trump's executive order last week halted his family separation policy, but reiterated the commitment to criminally prosecute asylum seekers and failed to mandate that children and parents be reunited. The government recently said approximately 500 families had been reunited, but there remains no clear process in place for the rest — and existing laws for unaccompanied minors create onerous hurdles for parents if they are released and try to get their children back. Moreover, Trump has reiterated his desire to deport unlawful entrants without a court hearing or due process.

.............

I became a lawyer because I believe in the rule of law and fundamental fairness, not to prosecute babies and send them traveling in planes alone. As our government cracks down on asylum-seeking families, we are witnessing mass violations of constitutional and international laws that uphold the right to family unity, the protection of asylum seekers from criminal prosecution, and the rights of children to live free from harm.

As a former ICE attorney, I am laying down the prosecution sword and picking up the shield to defend those most vulnerable in our society. Our integrity as a democracy relies upon it.



Laura Peña is a former assistant chief counsel at ICE and served as a senior adviser in the State Department during the Obama administration. A Harlingen, Texas native, she starts next month as a visiting attorney with the Texas Civil Rights Project.



MORE:
https://www.usatoday.com/story/opinion/2018/06/27/former-ice-lawyer-defend-immigrant-children-parents-family-separation-column/730859002/