Kids in cages. Scenes of chaos and filth, where basic necessities are denied to the most vulnerable: children in a foreign land forced to fend for themselves. We at Jewish World Watch (JWW) have, unfortunately, come to somewhat expect such conditions in the crisis situations where we work, but we have been shocked to learn of such egregious rights violations occurring on our own turf.
As individuals, we were gutted by the unconscionable conditions spotlighted by a team of lawyers who visited a Customs and Border Patrol child migrant facility in Clint, Tex. last month. As an organization, we were faced with the question of whether Jewish World Watch — as a group focused on mass atrocities and genocide — should engage. We have decided that the answer to that question is: yes.
Even though the border crisis, particularly as it affects innocent children in detention facilities, may not currently qualify as a clearcut mass atrocity situation, we are also a prevention organization, and we are concerned now that many of the telltale signs that signal a mass atrocity already exist. The risk of devolution is clear and imminent enough for Jewish World Watch to take a stand and educate our constituents on the potential atrocity dimensions of what is going on.
The conditions in migrant detention facilities along the border of the United States and Mexico, particularly the facilities housing children, have rocked the conscience of the American people. Children as young as 7 and 8, many of them wearing clothes caked with snot and tears, are caring for infants whom they’ve just met, overseen by guards in full uniform, including weapons, wearing masks to protect themselves from the filth and disease. Across the board, these children’s prolonged stays in these facilities have been shaped by similar conditions: exposure to extreme temperatures, overcrowding, inadequate food and accompanying complaints of hunger, sleep deprivation, physical and verbal abuse, and chronic lack of water, sanitation, beds, clothing, and medical attention.
Is this a mass atrocity?
Mass atrocities encompass war crimes, crimes against humanity, and genocide. When we talk about whether a mass atrocity is underway in regards to the detention of migrant children along the U.S. border, what we’re specifically talking about are crimes against humanity. Crimes against humanity are generally understood to encompass a government’s deliberate, systematic actions against any civilian population causing great suffering, physical or mental health injuries. The key is that the violations are deliberate and either systematic or widespread.
Article 7 of the Rome Statute of the International Criminal Court defines crimes against humanity. And, while the United States is not a signatory of the Rome Statute establishing the International Criminal Court, this definition codifies a customary international criminal law norm widely understood to be binding on all countries. When any one of a list of 11 acts is committed as part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack, they qualify as crimes against humanity. The list of acts includes:
- Imprisonment or other severe deprivation of physical liberty in violation of international law;
- Persecution against any identifiable group; and
- Other inhumane acts of a similar character intentionally causing great suffering, or serious injury to body or to mental or physical health.
Arguably, any of these acts could be used to categorize what is happening to separated, detained migrant children at the border, particularly the last. The fact that these actions are being perpetrated against innocent children intensifies the degree of the violation.
Yet, the actions themselves are not enough to call the clear-cut human rights violations discussed above a mass atrocity situation. The motivation underpinning the abuse is the key component behind any mass atrocity analysis. If it can be shown that these harsh conditions have been intentionally inflicted on these children as part of a broader, coordinated plan, then the argument can be made that a deliberate and systematic attack on civilians is actively underway. Several experts have suggested that a deliberate plan is very much in place with the end goal of deterring other Central American migrants from seeking refuge or asylum on U.S. soil.
Aside from the abuses taking place in the detention facilities, there is a basis to argue that the widespread practice of separating children from parents, in and of itself, constitutes a crime against humanity because it is being done in furtherance of a policy of deterrence rather than out of any kind of necessity. The combination of dehumanization, forced separation, political motivation, and cold, systematic implementation harkens back to many of the symptoms and indicators of past atrocities the world over. Former U.S. Attorney General Jeff Sessions warned, “if you do not want your child separated from you, then do not bring him across the border illegally.” Notably, both international law (1951 Refugee Convention, Article 31.3) and U.S. law (8 U.S.C. § 1158.a.1) consider asylum a right, not illegal conduct.
At Jewish World Watch, we feel there is evidence suggesting a governmental plan is in place to deter future migration specifically through child separation and also through prolonged child detention in deplorable, inhumane conditions. It is also clear that the “othering” or systematic dehumanization of detained migrants is a pervasive problem within border facilities. This, of course, is the kernel of most mass atrocity situations — separating “us” from “them.”
It may turn out that the human rights violations being perpetrated against children in border facilities are the product of chronic, negligent mismanagement rather than the symptoms of a coordinated, widespread attack on the migrant population. The breadth of the crisis remains unknown, and efforts at damage control are changing the landscape. However, there are sufficient indicators of a deeper type of injustice and dehumanization for Jewish World Watch to ring the alarm. We are compelled to take a stand for the rights, dignity, and safety of those seeking refuge in our country, particularly innocent children. We cannot stand idly by.
What can you do?
Just yesterday, July 11, Senate Democrats introduced the “Stop Cruelty to Migrant Children Act,” designed to institute protections and safeguards for migrants held in federal custody along the U.S.- Mexico border. Spearheaded by Sens. Chuck Schumer of New York and Jeff Merkley of Oregon, the legislation calls to end all family separations — except under explicit exception — and to ensure children have access to legal counsel inside all detention, holding, and border facilities. It also states that children “cannot be turned away or delayed from crossing the border” and lays out required standards for medical care, meals, and hygiene. The act already has 37 co-sponsors.
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Democrats are cooking up similar legislation in the House. On Monday, July 8, House Speaker Nancy Pelosi announced that the House would consider new legislation to address the treatment of migrants, including medical care standards for migrants in U.S. custody, a 90-day limit on children’s stays in federal “influx shelters” and guaranteed access to border facilities without notice for members of Congress.
These legislative efforts will serve as a follow-up to the $4.6 billion emergency humanitarian aid bill Congress already passed to address the swelling migrant crisis, but that failed to include adequate protections for migrant children. We will be watching as these new legislative and accountability efforts develop and will follow up with you on take-action opportunities as they become available.
Members of Congress are working to ensure that the spotlight remains on the border crisis and that adequate services and protections for immigrant children are instituted. California Senator Diane Feinstein addressed the House Judiciary Committee just yesterday, July 11, on the inhumane conditions at border facilities. In addition to giving examples of the despair experienced by “children just packed in cages,” Senator Feinstein argued that “the [administration’s] legislative ideas focus on dismantling the few humanitarian protections we have in place while the ultimate goal is to frighten families from fleeing to our country.” This, of course, refers to the alleged policy of implementing rights-effacing policies as a means of deterring migration–the type of deliberate and systematic abuse that could render the migrant crisis, particularly as perpetrated against innocent children, a crime against humanity.
On the very same day, Congresswoman Karen Bass, also of California, and the House Judiciary Committee voted to authorize subpoenas for documents and testimony from current and former Trump administration officials relating to family separation policies and practices at our border.
In addition to engaging in advocacy with Washington, there are opportunities to be upstanders in your own communities. Promoting dignified survivorship of people fleeing mass atrocities is a cornerstone of Jewish World Watch’s work, and it also resonates deeply with the Jewish experience. Many American Jews already have been taking to the streets to express their outrage at the depravities taking place in the border facilities and to call for accountability.
We encourage you to visit the website of our friends at HIAS to explore ways to support asylum seekers right now, including through pro-bono legal assistance and by signing a petition.
Also, on July 12, Lights for Liberty is organizing vigils throughout the United States. Several are happening in the L.A. area. For more information, click here.
Finally, as we do every year in August, JWW will be inviting you to join us to meet with your elected representatives next month. This could be a prime opportunity to speak out against the migrant crisis directly to your members of Congress and their staffs. If you’re interested in attending one of these in-district meetings in August, please contact JWW’s Advocacy Director Ann Strimov Durbin at ann@jww.org.