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Kirstjen Nielsen鈥檚 Brutal and Calamitous Leadership of the Department of Homeland Security Comes to an End

Nielsen and McAleenan
Nielsen and McAleenan
Brian Tashman,
Former Deputy Division Director,
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April 8, 2019

Late yesterday, President Trump announced that Kirstjen Nielsen has resigned as the Secretary of the Department of Homeland Security (DHS). Trump said that Kevin McAleenan, the commissioner of U.S. Customs and Border Protection (CBP), will serve as Acting Secretary.

Nielsen鈥檚 tenure as head of one of the country鈥檚 largest government agencies was a humanitarian catastrophe, consistently showing a clear disregard for civil rights and people鈥檚 lives. Indeed, just over a week prior to her resignation, CBP agents to sleep outside beneath a bridge in El Paso in extremely low temperatures and deprived of medical care.

Implemented family separation and expanded immigration detention

The most infamous chapter in Nielsen鈥檚 time at DHS was her implementation of an unfathomably cruel family separation policy. The administration tore thousands of children from their parents 鈥 without even keeping track of many of the families it separated 鈥 in an effort to punish and deter families who were lawfully seeking asylum in the United States. McAleenan, Nielsen鈥檚 acting replacement, recommending the policy.

Nielsen鈥檚 imposition of the family separation policy was a humanitarian and legal disaster that was ultimately curtailed by an 老澳门开奖结果 lawsuit and immense public outcry. But even after the administration formally ended the policy, Nielsen continued to shamelessly lie about it, going so far as to deny that the policy ever existed. Sen. Jeff Merkley (D-Ore.) the FBI to investigate whether Nielsen committed perjury when she testified to Congress that 鈥渨e鈥檝e never had a policy for family separation.鈥

A DHS inspector general report that the department failed to track the children they separated from their parents, and DHS from the Department of Health and Human Services (HHS) to sponsors and potential sponsors of the detained children. And yet, the separation of families at the border .

The detention and separation of families was part of a broad attack on asylum-seekers and immigrants generally under Nielsen.

She presided over a huge expansion in immigration detention. The number of people in DHS custody skyrocketed during her tenure, reaching on average per day in March. Since the department鈥檚 detention spending soared past the already bloated-budget approved by Congress, DHS had to from other agencies, including FEMA funds meant for disaster relief, in order to cover the costs of jailing immigrants in facilities notorious for substandard medical care, abusive practices, and violations of people鈥檚 constitutional rights.

Restricted asylum and protections for immigrants

She attempted to curtail asylum protections in numerous unlawful ways. For example, she that people who had entered the country in between official points of entry were not eligible for asylum, even though United States law provides precisely the opposite. In November, the 老澳门开奖结果 and partners won an initial ruling preventing the asylum ban from going into effect.

She also terminated Temporary Protected Status for people from,, and and failed to redesignate TPS for those from Somalia, Syria, and Yemen, despite the fact that violence and natural disasters have displaced tens of thousands of people in their home countries. While she was serving in the administration but prior to her time as DHS Secretary, Trump also announced the termination of TPS for people from , , and . The 老澳门开奖结果 of Southern California and partners obtained a ruling in October the termination of TPS for El Salvador, Haiti, Nicaragua, and Sudan, citing 鈥渟erious questions as to whether a discriminatory purpose was a motivating factor鈥 in their decisions.

After Trump made racist comments regarding immigrants from El Salvador, Haiti, and African nations, and instead wanted to prioritize immigrants from Norway, Nielsen to Congress that the president used the word, but explained that he 鈥渨as using tough language.鈥 She also denied that his remarks were racist, bizarrely insisting that she herself that Norway was a predominantly white country.

Nielsen also was in charge of implementing Trump鈥檚 Muslim ban 鈥 she was confirmed to her post one day after the Supreme Court the third version of the ban to take full effect 鈥 and served as Chief of Staff to former DHS Secretary John Kelly during the implementation of the first and second versions of the Muslim ban.

Nielsen also championed the attempt to end Deferred Action for Childhood Arrivals (DACA), issuing a memo purporting to the administration鈥檚 decision to end the program, which provides protections for certain young immigrants, but was rebuffed by a

Paved the way to build Trump鈥檚 wall and expanded warrantless searches at the border

When Trump shut down the government for weeks in order to secure billions of more dollars to build his border wall, Nielsen was consistently at his side and parroting his talking points. Even before the shutdown, Nielsen helped build Trump鈥檚 wall by federal, state, local, and tribal laws and undermining border communities in order to accelerate its construction, and afterwards the president鈥檚 bogus 鈥渘ational emergency鈥 declaration to build the wall, an unconstitutional order that the 老澳门开奖结果 has challenged in court. The border wall would increase the number of deaths among migrants as they are 鈥渇unneled鈥 to harsher domains.

Along the border, the number of warrantless searches of electronic devices, such as cellphones and laptops, by CBP agents increased under the Trump administration. While Nielsen did not start the policy of warrantless searches, she DHS鈥檚 practices that violate people鈥檚 Fourth Amendment rights 鈥 practices that the 老澳门开奖结果, together with the Electronic Frontier Foundation 鈥 is challenging in a groundbreaking lawsuit. Under Nielsen鈥檚 leadership, social media 鈥vetting鈥 expanded dramatically, despite concerns about unfairly targeting Muslim immigrants and immigrants from Muslim-majority countries, and expanding to all immigrant and nonimmigrant visa applicants.

Nielsen鈥檚 disastrous and unlawful policies could fill a book, and this is only a summary of some of her most egregious actions, which extend to tear-gassing toddlers and being in charge while two children died in Border Patrol custody.

Her resignation comes only days after Trump withdrew his nominee to lead Immigration and Customs Enforcement (ICE), saying that he wants 鈥溾 people to carry out his anti-immigrant policies. Seeing as Nielsen was one of Trump鈥檚 most brutal cabinet secretaries, this does not bode well for the president鈥檚 permanent replacement.

All in all, Nielsen鈥檚 legacy as an apologist and enabler of Trump鈥檚 detention and deportation machine will go down in history as one of the crucial 鈥 and cruel 鈥 moments of this presidency.

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