Trump's New Family Unity Policy, Explained
A closer look at the updated guidance designed to limit child–parent separations at the border.
WASHINGTON — U.S. Customs and Border Protection (CBP) recently released updated guidance titled “Family Unity Policy” to reduce unnecessary separation of noncitizen children from their parents or legal guardians at ports of entry or between them. Here’s what it entails, why it matters, and what critics are watching closely.
1. WHY THIS POLICY MATTERS
Rooted in Litigation: This update follows the Ms. L v. ICE settlement (Dec 2023), requiring consistent review mechanisms and documentation. It replaces all prior split-family guidance since 2018.
Focus & Scope: Applies only when both child and noncitizen parent/legal guardian are encountered together. It does not cover U.S.-citizen kids, grandparents, or other relatives.
2. CLEAR STANDARDS FOR SEPARATION
CBP must now:
Secure GS‑14‑level approval before any separation.
Provide a written narrative justifying the separation.
Record every step, including Office of Chief Counsel (OCC) or ICE engagement.
Log separations as significant incidents for oversight.
3. TRANSPARENCY & RECORD‑KEEPING
All decisions must be entered into CBP’s record systems, including reasoning, names, A-numbers, and locations.
Families get detailed tear sheets in preferred language, explaining why the split occurred and how to reunite.
CBP must forward information to ICE, HHS’s Office of Refugee Resettlement (ORR), and any other relevant agency to assist reunification.
4. WHEN SEPARATIONS ARE PERMITTED
CBP can separate only under well-defined, narrow circumstances:
A. National Security
If a parent poses a threat of terrorism or espionage.
B. Public Safety Risks
Convictions for serious or violent crimes (e.g., homicide, trafficking, firearms offenses).
Gang affiliation only if combined with violent activity.
If child safety is at risk or parent is subject to mandatory detention under immigration law.
C. Material Witness Cases
When a parent is needed for testimony and the child cannot stay with them.
D. Medical Necessity
If hospitalization interrupts family custody.
CBP must enable daily contact, visit arrangements, and timely hospital updates.
E. Child Abuse Threats
Allowed if a trained officer or medical professional confirms child safety risks.
F. Warrants or Other Legal Detainment
Federal/state criminal warrants or extradition reasons may justify separations.
5. REUNIFICATION PROTOCOLS
CBP must act quickly to reunite families if separations turn out to be unjust.
Provides coordination mechanisms with ICE, ORR, HHS, and authorities to rejoin parents and children.
6. LIMITED EXCEPTIONS & SPECIAL SCENARIOS
Cases involving U.S.-citizen children are excluded—CBP must facilitate connection with local child services.
Special guidance exists for minor parents and adult guardians, letting families decide custody when possible.
WHY MIGRANT ADVOCATES ARE WATCHING
This policy offers more procedural protections than any prior version:
Mandatory approval chains
Transparent tear sheets
Clear legal criteria for separation
But serious concerns remain:
Families may still be split under broad safety or security standards.
Enforcement discretion could be impacted by lack of independent oversight.
Given CBP’s history, real-world practices will determine the policy’s success.
TAKEAWAYS
This CBP policy revision is a step forward—a roadmap for improved consistency and accountability when dealing with vulnerable families. Yet without strong oversight and transparent data, it risks becoming another set of rules that sound good on paper but falter under pressure.
Migrant Insider will continue tracking how CBP implements this policy on the ground—and whether the safeguards hold when it matters most. So please subscribe to support our work!