In the Trauma at the Border podcast we will discuss family separation, the trauma it causes, tort claims fighting the policy, challenges to using torts, and how to hold the government accountable. After the Department of Justice implemented a “zero tolerance” policy toward illegal border crossing, ICE then detained and separated at least 5,400 families as of October 24, 2019. Separating children from their parents is horribly traumatic, leading to long-lasting mental, physical, and developmental consequences like Post-Traumatic Stress Disorder. The Federal Tort Claims Act removes government immunity to be sued; therefore, affected individuals have often filed for Intentional Infliction of Emotional Distress tort claims. However, the lack of available counsel, the trauma of going through litigation itself, fear of retaliation, and government obstruction impeded the success of many of these cases. Despite the challenges to fighting family separation under the Federal Tort Claims Act, class action lawsuits and innovative restitution, like medical funds, may be applied to tort claims to better address the issues of the policy.
Thank you to our interviewees: Professor Sabrineh Ardalan, Professor Luis H. Zayas, and Lee Gelernt.
