As most in my professional network know, my government & academic work has primarily been at the intersection of national security, privacy & civil liberties, with strong support of counterterrorism efforts, in particular, in policy and in practice... /2
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One of the most distressing aspects of Trumpism, both in theory and in governance, has been the implementation of policies that are in the name of national or homeland security, but are not based in actual evidence or sound intelligence gathering and analysis.. /3
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The
#FamilySeparation policy & implementation, which was the result of the 100% illegal entry prosecution guideline directed by the AG, is a strong example of how this type of policy - one that claims to be in a security interest, but is rooted in evidence or natsec analysis. /4Show this thread -
The administration has also not articulated - and I cannot identify any - sound legal theory on which the government has forcibly separated children from their parents without any due process, with no plan for reunification, indeed, without even a basic tracking system... /5
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As a result of the public outcry, congressional attention, president's rushed executive order and
@ACLU 's litigation, the process has now begun to return children who were separated to their parents. However.... /6Show this thread -
..from an outside observer's point of view, despite some progress as a result of court ordered direction, the effort to reunite is not well enough conceived, organized or being implemented... /7
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Ideally, as
@juliettekayyem has pointed out, a WH homeland security director would take responsibility & ride herd on the effort. But given the WH's original promulgation of the policy & deference to the agencies to resolve, HHS has been tasked w/carrying out reunifications... /8Show this thread -
I am not yet convinced that HHS has the support & resources & mandate it needs to carry out this important task... /9
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Enter Congress. So far, congressional efforts have been media-focused. In other words, members of Congress have used their positions to create public awareness through creating media events and attention... /10
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This media effort has been effective, but Congress can do more to fulfill its oversight role, and ensure that it has a vehicle to conduct ongoing oversight over the reunification process.... /11
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That is the role that this proposal - put forth as a petition through the grass roots network of
@HeidiLiFeldman@Wanderluster505 @familiesbelong - is intended to fill: encouraging Congress to take on a more substantive role using additional tools it has available.... /12Show this thread -
...such as a specific accountable person and position to head up this effort, reporting requirements and hearings, to conduct oversight of this process... /13
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...the
@ACLU 's suit and court's role in directing the return of some children so far has been effective, but my experience in government suggests that at some point down the list, there are going to be hard cases that are not going to resolve quickly... /14Show this thread -
..a medium to longer term institutional effort (months, or even a year) is needed, with consistent and persistent congressional oversight, is needed to ensure the job gets done. This proposal is a modest, and achievable, step in achieving that goal. /end
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