Anited States Senate WASHINGTON, DC 20510 June 19, 2018 The Honorable Kirstjen M. Nielsen Secretary of Homeland Security U.S. Department of Homeland Security 3801 Nebraska Avenue, NW Washington, DC 20530 ‘The Honorable Alex M. Azar IL Secretary of Health and Human Services U.S. Department of Health and Human Services, 200 Independence Avenue, SW Washington, DC 20201 Dear Secretary Nielsen and Secretary Azar: As the current situation involving family separation of asylum seekers at our southern border becomes increasingly urgent, we write to ask for clarification of comments Secretary Nielsen made yesterday during the White House press briefing, On April 6, 2018, Attorney General Jeff Sessions announced a new “Zero-Tolerance Policy” to change the handling of non-citizens arriving at our borders, resulting in the separation of thousands of young children from their parents. According to Department of Homeland Security (DHS) data, 2,342 children have been separated from their parents ~ an average of roughly 70 children per day — under the new policy between the dates of May 5 to June 9, 2018, ‘A wide range of groups and individuals have condemned the Administration’ s new policy. The President of the American Academy of Pediatrics, representing 66,000 primary care pediatricians, stated that the policy and resulting trauma can cause “irreparable harm” and “carry lifelong consequences” for children.' The United Nations High Commissioner for Human Rights has called the family separation policy “unconscionable” and an “abuse.”? The General Secretary of the United Methodist Church has also stated that the policies are not consistent with Christian teaching and “a shocking violation of the spirit of the Gospel.”* Members of Congress from all sides of the political spectrum, former U.S. Attorneys, and countless others have all also condemned the Administration’s new policy. In Secretary Nielsen's White House briefing yesterday, she provided several incomplete answers with promises to provide additional background. Given the urgent nature of the situation and the " American Academy of Pediatrics, “AAP Statement Opposing Separation OF Children And Parents At The Border,” AAP.org (May 5, 2018), available at hips: /»vw.aap.org/en-us/sbout-the-aap /aap-press- room Pages/StatementOpposineSeparationofChildrenandParents.aspx, 2 Nahal Toosi, “U.N. Rights Chief Blasts Trump’S “Unconscionable” Child Separation Policy,” Politico (June 18, 2018), available at https:/vww.politico.com/story/2018/06/1 8/un-rights-chief-trumps-child-separation-650877, » Rey. Dr. Susan Henry-Crowe, “A shocking violation ofthe spirit of the Gospel,” UMCJustice.org (June 15, 2018), available at tips:/www.umejustice.org/news-and-stories‘a-shocking-violation-of-the-spirit-of-the-sospel-697,critical need for further information on these matters, please provide answers to the following questions: * Rationale for the Policy: Secretary Nielsen stated yesterday that the policy was not implemented in order to “send a message” and serve as a deterrent to future immigration.‘ But later that evening, Attorney General Sessions was quoted as saying, “Hopefully people will get the message. ..and not break across the border unlawfully.” In addition, White House Chief of Staff John Kelly stated just last month that “the name of the game is deterrence.” Can you please clarify your understanding of the rationale behind the “Zero-Tolerance Policy” as it relates to the separation of young children from the parents at the border? Can you state unequivocally that the policy is not in place to serve as a deterrent to future immigration? © Plan for Infrastructure: Since the announcement of the “Zero-Toleranee Policy,” how much money have DHS and HHS spent on construction of temporary facilities and associated infrastructure to house the children currently being held separate from their parents? Does a funding plan exist for the additional infrastructure necessary to house asylum seekers if the current policy continues? Are there plans to use facilities in Virginia? If so, what assurances can you provide that all facilities will be adequately equipped to provide a safe and healthy environment, including all resources necessary for the health and wellbeing (including mental and emotional) of separated children? + Resources for Separated Children: What specific resources are available to children to deal with the psychological trauma of being separated from their parents? How, where and by whom are these services being provided? How much does the Office of Refugee Resettlement (ORR) spend to contract for medical and mental health care for children in ORR shelters, and how much does ORR intend to spend to provide these services to separated children? Please describe the mental health services ORR is providing or contracting to provide to separated children. Can ORR share medical records or information about mental health needs of children with DHS? What training do CBP officers receive to prepare them for interacting with traumatized children because they have been separated from their parents? What training do ORR shelters receive or provide to their staff to prepare them for interacting with traumatized children because they have been separated from their parents? * Conditions for Girls and Toddlers: Video footage shows the holding conditions for boys, However, there is no similar evidence showing the conditions in which girls and younger children are currently being held. Can you release additional information and video “Jen Kirby, “Kirstjen Nielsen says it's “offensive” to suggest the Trump administration is purposely separating families,” Vox June 18, 2018), available at hitps:/www. vox.com/2018/6/18/17476746/family-separation-dhs= seoretary-kirstjen-nielsen-immigration. * Gregg Re, "Sessions rebukes critics who compare border situation to Nazi Germany: Fundamentally, we're m Cummings, “John Kelly defends separating immigrant families, saying ‘name of the game is deterrence’” USA Today (May 11, 2018), available at hitps:/wwwusatoday omy story news politics/2018/05/1l/john-kelly= ing-migrant-families-laws-trump/602982002/.footage that provides background on the health and wellbeing of girls and toddlers who are in the care of either DHS or HHS, including the conditions of their facilities? There appears to be some conflict in how families are being reunited. DOJ has mentioned that the government does not reunite families once HHS takes custody of a child. However, DHS has claimed that once parents have served their criminal sentences, they can be reunited while they pursue their asylum claim, Are families being reunited? If so, how and when? What is the specific process which parents follow to allow for reunification with their separated children? What data does DHS have to indicate the percentage of parents who are indeed reunified with their children in a timely manner? We request that answers to these questions be provided to us in written form immediately. Thank you for your attention to this matter. Sincerely, —) Mok BR thes j H+ J. MARK R. WARNER TIM KAINE, United States Senator United States Senator