The Trump Administration is separating families again

by Marie Cohen

Image: New York Times

The last time Evgeny and Evgenia saw their eight-year-old son Maksim was on May 15. That’s the day that the couple refused to board a commercial flight taking them back to Russia, from which they had fled fearing persecution for their opposition to Valdimir Putin. On August 24, Maksim will turn nine years old in foster care. He has not seen his parents since May 15 and has given up hope for a reunion. Maksim’s family is not unique. The New York Times found a total of nine cases in which parents have been separated from their children after refusing to comply with deportation orders in this new version of the family separation policy that generated such a strong backlash in the first Trump Presidency.

As reported by Hamed Aleaziz in the New York Times and its podcast, The Daily, Evgeny and Evgenia, who prefer not to have their last name revealed, fled Russia because of their political activism. As supporters of Putin’s murdered enemy Alexei Navalny, they felt that they were at risk of losing their freedom, their livelihood or even their lives if they remained in Russia. They fled to Mexico, with the hope of getting an appointment to apply for asylum in the US through a cellphone app created by the Biden Administration to enable asylum-seekers to schedule an appointment from outside the country. But Trump shut down that program when he took office. Seeing no other option, the family went to a port of entry on the southern border and explained that they were there to seek asylum. But asylum applications had been shut down completely at the southern border, and the family was detained in Border Patrol custody. After two weeks, they were taken to JFK airport to be deported.

At the airport, ICE officials told Maksim’s parents that they would be separated from their son if they did not board the flight to Russia. But Evgeny was trying to prevent a longer separation in Russia since he expected to be detained there. With many tears on all sides, Evgeny and Evgenia were taken to detention and Maksim was taken to a shelter for unaccompanied immigrant children. It was May 15, 2025.

In the first Trump administration, thousands of families were separated at the border as a way to deter people from entering the country illegally. Parents were arrested and criminally charged for illegally entering the country and their children were taken away. This policy created a massive outcry worldwide and Trump ended it in 2018. Today, border crossings have slowed to a trickle and the new administration is focused on deporting those who have already crossed. Migrants from many countries can be shackled, cuffed, and loaded onto chartered flights. But for those who came from countries like Russia that do not accept deportation flights from the US, the government must use commercial flights to deport unwanted migrants. And commercial airlines do not accept passengers in restraints or who make a scene. Hence the choice offered to Maksim’s parents.

As Aleaziz puts it for the Times, “the new cases suggest that the administration has decided to use family separation as a tool, at least in some instances, to persuade families to leave and to create a powerful deterrent for those who might come to the United States illegally.” He found nine families who have refused deportation and been separated. But he does not know how many families have faced this choice, including those who have agreed to return to the countries from which they came. A spokeswoman for the Department of Homeland Security told him that there is no family separation policy and that “these families had the right and the ability to depart the country as a family and willfully choose to not comply.”

Evgeny and Evgeniia have not given in–a fact which lends credence to their fear of persecution in Russia. Since Maksim was taken from them, they have passed the rigorous screening for the validity of their asylum claim. Now the government cannot deport them to Russia but can send them to a third country if one can be found. Maksim has been transferred to foster care. His conversations with his parents are heartbreaking; At first he was counting the days that he has been apart from his parents but has now stopped. At this point, he has given up hope that he will see his parents again. Maksim will turn nine on August 24 and it looks like he will not be with his parents on that special day.

My regular readers know that, unlike some people who want to abolish foster care, I support the separation of children from their parents when there is abuse or neglect that is so severe that the child cannot be protected without removal. But perverting these practices in order to deter asylum-seekers is state-committed child abuse. Allowing Maksim to spend his ninth birthday in foster care as a lesson to families with valid asylum claims not to enter the United States is heartless beyond belief. Can a groundswell of opposition be generated and end this family’s ordeal and that of others in a similar situation? I certainly hope so.

No, family separations are not all the same

child protectionThere is an old political adage that you should “never let a crisis go to waste,” meaning that a crisis can awaken public interest and create an opportunity to advance policies that might otherwise be unachievable.

President Franklin D. Roosevelt, for instance, was able to pass much of his New Deal – including a dramatic expansion of the country’s social safety net via the Social Security Act – in the wake of the Great Depression with the American economy in shambles and the American public desperate for government support.

Unfortunately, in a cruel twist of irony, some child advocates are now using the devastation wrought by the Trump administration’s separation of children from their parents at the U.S.-Mexico border to advance arguments undermining a key part of the Social Security Act – support for children who cannot be cared for in their own homes.

Several weeks ago, Sherry Lachman, the executive director of Foster America, authored a Time essay suggesting “family separation is not just a problem at the border.” In this piece, Lachman bizarrely equates the separations at the border with removals of U.S. children from their homes by child protective services, suggesting even the latter are “inherently toxic.”

And last week, Vivek Sankaran associated the two systems, misleadingly citing statements in an opinion piece that were made about the border separations to attack child removals by child protective services – without disclosing that these statements actually referred to the latter rather than the former. Sankaran quotes Dr. Charles Nelson, professor of pediatrics at Harvard, as follows: “[T]here is so much research on [child removal] that if people paid attention at all to the science, they would never do this.”

Finding it hard to believe that a distinguished Harvard professor would suggest that children should never be removed into foster care, we contacted Dr. Nelson, who explained that his words were taken out of context, as he was referring to separations at the U.S.-Mexico border and not the removal of children from abusive or neglectful homes. Dr. Nelson agreed that any comparison of the two systems is misconceived, noting: “It is inappropriate to compare children experiencing forced separations from their parents in the context of migration to children removed from parental care due to maltreatment (abuse, neglect).

The separation of children from their parents at the U.S.-Mexico border was an ill-conceived policy that arose from the desire to discourage migration. Rather than being aimed at protecting children, this policy was adopted despite the obvious fact that it would be extremely harmful to them.

The child welfare system, on the other hand, was created to protect children from harm inflicted by their own parents or guardians. It is a sad fact that some homes are dangerous to their own children. Forty-nine states reported 1,700 child fatalities due to abuse or neglect in 2016, and there is wide consensus that this is likely an under count. We don’t know how many more are severely injured but survive; it is doubtless much higher.

And deaths and severe injuries are only the tip of the iceberg. There is extensive literature on the lifelong consequences of child abuse and neglect. These include chronic health conditions, impaired brain development, poor mental and emotional health, social difficulties, juvenile delinquency and adult criminality, alcohol and drug abuse, and an increased likelihood of abusing one’s own children.

Moreover, foster care is a rarely-used intervention by CPS. Most systems try hard to keep children at home by providing services to the parents to help remedy the conditions that caused the maltreatment. In 2016, according to federal data, agencies placed slightly over 200,000 children involved in maltreatment investigations in foster care and provided other post-investigation services to about 1.1 million children and families.

Yes, removing children from their parents is often traumatic to the child. But it goes without saying that in some terrible home situations, the damage to a child of staying in the current home would be greater than the damage caused by removal.

As Dr. Nelson puts it:

Of course we would like to see the biological parents be successful in changing the family dynamics and preserving the parent-child relationship but if that is impossible, and the harms to the child continue, then the child should be removed from the home, either temporarily, if the home situation can be remedied, or permanently.

But, it is of utmost importance to act with alacrity – I think in many cases children are left for far too long in their biological homes and by the time they are placed into foster care or adoptive care, they may be irreparably harmed.

Setting aside the vastly different reasons for, and targets of, family separations at the border and child removals by child protective services, there are huge differences between the two sets of policies. Cathy Senderling-McDonald recently wrote an instructive and comprehensive summary of the distinctions, outlining the vast differences in living conditions, objectives, legal structure and oversight.

Using the suffering of parents and children at the border to denigrate foster care is not merely an illogical comparison, it is a harmful one that can result in suffering, lifelong damage, and even death to children. Moreover, it is offensive to those professionals who have devoted their lives to protecting children, and to the children who have suffered and died for lack of such protection.

Let us be clear: we want to prevent children from being removed from their parents whenever it is safe and appropriate to do so.

But let us be equally clear: until we eliminate serious child maltreatment and endangerment from every home, there will always be a need for foster care to keep kids safe. To pretend otherwise is naïve, dangerous and irresponsible.

This op-ed was published in the Chronicle of Social Change on September 6, 2018. I wrote it with Sean Hughes, the director of government relations for the consulting firm Social Change Partners.