Mr. President: You Called Family Detention Inhumane. You Were Right. Don't Flip-Flop | Opinion

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The chorus of voices against a controversial immigration policy is growing louder. On Thursday, a coalition of medical providers wrote to President Biden, expressing concern that his administration might reinstate family detention.

"We urge you to abandon any effort to detain families in Immigration and Customs Enforcement (ICE) facilities," said the letter signed by organizations including the American Medical Association and the American Pediatric Society. The group warned that the practice puts the health and safety of children at risk.

That Biden would consider resuming family detention seems a sad sign that he is giving up on his promise of creating a humane immigration system. The president knows that family detention is a bad idea. Not only would it harm children, but it could potentially damage Biden's reelection prospects.

Migrant families that arrive at the border without authorization are usually processed by immigration officers and released into the U.S. The government uses ankle bracelets and other devices to keep track of them. Now Biden is thinking about resuming family detention in advance of the lifting of Title 42, a public health law used to swiftly expel migrants. With that regulation slated to end in May, the administration is worried about a possible influx of migrants at the southern border.

Bus carrying migrant detainees
An undocumented immigrant family is released from detention at a bus depot in McAllen, Texas, U.S., June 22. REUTERS/Loren Elliott

Yet family detention is not the answer. Just ask candidate Biden. In 2020, he tweeted, "Children should be released from ICE detention with their parents immediately. This is pretty simple, and I can't believe I have to say it: Families belong together."

In his presidential platform, he called it "a moral failing and a national shame" when children are locked away in detention centers. Biden was right to end family detention in 2021, and it would be a mistake to bring it back.

There is ample evidence that family detention endangers kids. In 2017, the American Academy of Pediatrics released a report based on physicians who had witnessed inadequate care at immigration facilities. It concluded that "no child should be in detention." A 2016 report from ICE noted that detention is "never in the best interest of children." A separate study, conducted during the Trump/Obama years, found that family detention results in permanent psychological harm to children.

Family detention is not cheap, either. One border security expert estimates that it costs $344 per family, per night, money that often goes to private contractors. That's a lot for a policy that hasn't been shown to deter unauthorized migration.

Politically, family detention is a losing proposition. Presidents George W. Bush, Obama, and Trump used family detention and faced harsh criticism for its inhumane conditions. Reports that Biden might be restarting the policy have already drawn condemnation from immigrant groups, the Congressional Hispanic Caucus, and human rights organizations.

For a president who needs allies on immigration—only 33 percent of Americans approve of how Biden is handling the issue, according to Gallup—resuming family detention would be a step in the wrong direction.

It is telling that the administration appears conflicted about family detention. White House Press Secretary Karine Jean-Pierre has downplayed what she called "rumors" of family detention starting up, even as Homeland Security Secretary Alejandro Mayorkas told CNN that it is on the table as an option. Meanwhile, some ICE officials are against reviving the policy, fearing what one termed a "logistical and public relations nightmare."

This internal strife suggests that the president will have a tough time selling the public on the idea of jailing vulnerable families.

True, the Biden administration faces a steep challenge as it wrestles with migration issues. But family detention would cause more problems than it solves. It will trigger backlash from progressive Democrats, on top of ongoing criticism from conservatives. It could result in migrant families sending their children here alone, because unaccompanied children are not expelled. And it will not secure the border nor address the broader flaws in our immigration system.

Instead of abandoning his principles, Biden should prioritize effective tracking of families released into the U.S. His administration should fully vet potential family sponsors to end the illegal exploitation of migrant children for labor and invest in case management programs, which can produce better outcomes for both migrants and the government.

There is no good, right, or smart way to lock up migrant parents and children. The president must not reinstate the cruel policy of family detention.

Raul A. Reyes is an attorney and contributor to NBC Latino and CNN Opinion. Follow him on Twitter @RaulAReyes.

The views expressed in this article are the writer's own.

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