Family separation policy dates back to Clinton era with Elian Gonzalez case

In 1999, Elian Gonzalez, a five-year-old boy, was discovered clinging to an inner tube in the waters off Fort Lauderdale, Florida, after a failed attempt to flee Cuba. His father, still residing in Cuba, demanded Elian's return, leading to a controversial custody battle that was emblematic of family separation issues related to illegal immigration policies. By the end of Bill Clinton's presidency in December 2000, the head of the Immigration and Naturalization Service had ruled that Elian must be sent back to his father, a decision authorized by Attorney General Janet Reno, intensifying the national conversation around immigration and family separation during this period. The topic remained contentious as family separations continued under various administrations. Under Barack Obama, although more illegal foreign nationals were removed than during Donald Trump's term, the 2015 Flores Settlement Agreement prohibited the Immigration and Customs Enforcement (ICE) from detaining families throughout the entirety of their immigration processes, allowing for quicker releases. This ruling led to accusations that cartel operatives and smugglers exploited the legal loopholes created by these policies to move people, including children, across the border illegally. During the Trump administration, federal authorities began a robust effort to prosecute illegal border crosses, emphasizing the absence of a formal separation policy except in specific circumstances. In spring 2018, the push for prosecutions saw a surge in illegal crossings, prompting Border Patrol to separate some families, especially where it was determined that the adults were indeed being prosecuted or where family ties were unproven. This situation raised serious concerns about child welfare, especially under the Biden administration, where reports highlighted abuse allegations involving unaccompanied minors. Consequently, outcomes from these policies have led to millions of deportations over the decades, prompting ongoing discussions about the efficacy, ethics, and humanitarian impacts of U.S. immigration policies regarding family units.