The children and families who were victims of family separation have the right to full measures of accountability, reparations and restorative justice.
aged seven and eight, died in the custody of the Border Patrol in El Paso, Texas, due to the deliberate neglect of their urgent medical needs in confinement.The position that the Biden administration has taken in its recent filings in the family separation cases is the predictable result of its failure to settle the claims of thousands of victims of the criminal policies during the Trump era.
We must stand with the children and families who were victims of these crimes to demand full measures of accountability, reparations and restorative justice for all human rights violations related to the forced separation and detention of migrant families, regardless of the administration which is responsible. The Biden administration’s current approach amounts to active complicity with the continuing effects of these extraordinarily serious violations.
The Biden administration has the moral, ethical, and legal obligation to fully redress all of the injuries and suffering inflicted by these criminal policies. This must be undertaken through a comprehensive program of restorative, transitional justice, consistent with the international standards that are referenced above.
This goes way beyond the limited mandate of the Interagency Task Force on the Reunification of Families. What is needed, in addition, is a full-fledged transitional justice process including a truth commission empowered to investigate and document serious human rights crimes on both sides of the border, and to make recommendations for needed reparations and measures of restorative justice, consistent with international standards.
This commission’s mandate must include not only family separation, but also the continued deployment of Title 42 and the Remain in Mexico policy, and the mass deportations of Haitians, among other specific instances, as well as their historical origins and contemporary implications. It must also include human rights crimes attributable to U.S.
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