Family Separation policies
How did family separation occur?
In 2018, the U.S. government implemented a “zero tolerance” policy at the southern border. Parents who crossed without authorization — even those legally seeking asylum — were criminally prosecuted.
This often meant children were separated from their parents on arrival, with little information about where they were sent or when they would see them again.
How many children were separated from their parents?
4,656 children separated, with only 795 reunified (March 2024).
~1,360 children unaccounted for (~30%).
Hundreds remain separated despite years of effort.
WHAT HAPPENED
Keeping Families Together
What was supposed to happen…
Families should have stay together. Upon arriving at the U.S.–Mexico border, officers should have properly vetted parents and children to confirm they are a family, and let them go through initial checks without splitting them up — unless there’s a clear, specific safety reason.
What actually happened…
Families were often separated immediately. Officers frequently split parents and children without properly verifying their relationship, sometimes before any real screening, and rarely provided an explanation.
Records & Tracking
What was supposed to happen…
Parents and their children should be easy to track. Officers and agencies should have kept accurate records of names, tracking numbers, and family connections so anyone checking could quickly see where each person is and why they were separated.
What actually happened…
Parents and their children were impossible to track. Officers and agencies frequently didn’t record names or case numbers correctly, lost paperwork, and failed to verify family links — so nobody could reliably tell where parents or children were.
Keeping Parents Informed
What was supposed to happen…
Parents should have been informed whenever a separation happened. Officers should immediately explain why the separation is occurring, where the child is going, and how to contact them.
What actually happened…
Parents were often left in the dark. Officers often didn’t tell parents that a separation had even happened, or failed to explain why, where the child was, or how to reach them.
After widespread legal and public pressure, including the Ms. L v. ICE case, the government reversed the family separation policies and began efforts to reunite parents and children.
Agencies were supposed to track families, provide timely information, and prioritize reunification once the stated reason for separation ended — but implementation was often slow and inconsistent.
Bringing Families Back Together
What was supposed to happen…
Families should have been reunited immediately. Officers and agencies should have started bringing parents and children back together as soon as possible.
What actually happened…
Families were often kept apart for weeks or months. Failures in tracking, missing or incorrect records, and poor coordination between agencies meant reunification was slow or inconsistent, even after the government reversed separation policies following the Ms. L case.
When people investigated, here’s what they found:
Implementation without planning: DOJ and CBP rolled out Zero Tolerance without adequate procedures, staffing, or tracking systems. (Review of the Department of Justice’s Planning and Implementation of Its Zero Tolerance Policy)
Tracking failures: Systems to monitor separations were inconsistent, leaving many children unaccounted for. (OIG; Yale Law School + Human Rights Watch)
Long-term separation: Of 4,656 children identified under Zero Tolerance, only 795 were reunified by March 2024 — ~30% remain unaccounted for. (U.S. DHS; ACLU)
Legal gaps: Federal courts had to intervene to halt blanket separations, requiring reunifications except in narrowly defined cases. (Ms. L v. ICE; ACLU)
Ongoing impact: Families experienced prolonged uncertainty, stress, and trauma due to the abrupt and poorly managed separations.
Today
A December 2024 report by Human Rights Watch, the Texas Civil Rights Project, and the Lowenstein International Human Rights Clinic at Yale Law School indicates that as many as 1,360 children—nearly 30% of those separated—remain unaccounted for and have not been reunited with their parents. [1]
Impact on Families
Being separated was terrifying for children, who often didn’t understand why their parents were gone. Parents lived in constant fear, desperate to know if their children were safe. The emotional toll — fear, guilt, and grief — made it even harder to navigate the system.
Mental health experts note that abrupt separations can cause toxic stress, anxiety, and PTSD in children, disrupting attachment and development.
Parents often experience depression, chronic stress, and helplessness, with effects that can last long after reunification, impacting family relationships and overall well-being.
How does LEVIATHAN portray family separation?
Leviathan dramatizes these separations from a parent’s perspective, immersing viewers in the initial moments of arrival: the shock of a child being taken, the confusion, and the helplessness of not knowing where their family member has gone. The film captures how policy decisions translate into human fear and high-stakes choices that can shape a family’s fate forever.