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21 Cardozo J. Conflict Resol. 465 (2019-2020)
Crossing the Border Or Crossing the Line? Why Alternate Dispute Resolution Is the Best Route to Reunite Families of Immigrant Children Separated at the U.S.-Mexico Border

handle is hein.journals/cardcore21 and id is 485 raw text is: 








                            NOTES

 CROSSING THE BORDER OR CROSSING THE
         LINE? WHY ALTERNATE DISPUTE
      RESOLUTION IS THE BEST ROUTE TO
      REUNITE FAMILIES OF IMMIGRANT
                CHILDREN SEPARATED
           AT THE U.S.-MEXICO BORDER

                         Colby Berman*

                         I. INTRODUCTION

     The issue of family separation at the U.S.-Mexico border has
recently come to the forefront of politics and national media, as
staggering statistics and individual stories tell the tale of inhumane
atrocities committed against immigrants during their journeys. As
a consequence of the Trump Administration's Zero Tolerance
immigration policy, more families than ever before in American
history1 are being separated. The policy has intentionally shifted
the focus of immigrant detention from prosecution of criminals, to
prosecution of anyone attempting to cross the border.2 In light of
this new, stricter regime, the Immigration and Customs Enforce-
ment (ICE), the Department of Homeland Security group respon-
sible for border enforcement,3 expanded their vast network of
detention centers,4 and proposed the addition of 9,000' more beds
in pursuit of mass detention.

  * Articles Editor, Cardozo Journal of Conflict Resolution. J.D. Candidate 2020, Benjamin N.
Cardozo School of Law. The author would like to thank her family and friends for their support.
She also thanks Professor Lindsay Nash for her guidance and wealth of knowledge, without
which this Note would not be possible.
   1 Caitlin Dickerson, Detention of Migrant Children Has Skyrocketed to Highest Levels Ever,
N.Y. TIMES (Sept. 12, 2018), https://www.nytimes.com/2018/09/12/us/migrant-children-
detention.html.
   2 Key Health Implications of Separation of Families at the Border (as of June 27, 2018),
KAISER FAM. FOUND. (June 27, 2018), https://www.kff.org/disparities-policy/fact-sheet/key-
health-implications-of-separation-of-families-at-the -border/.
   3 Muzaffar Chishti, Sarah Pierce & Jessica Bolter, The Obama Record on Deportations:
Deporter in Chief or Not?, MIGRATION POL'Y INST. (Jan. 26, 2017), https://
www.migrationpolicy.org/article/obama-record-deportations-deporter-chief-or-not.
   4 MICHELLE BRANE, WOMEN'S REFUGEE COMM'N, PRISON FOR SURVIVORS: THE DETEN
TION OF WOMEN SEEKING ASYLUM IN THE UNITED STATES 10 (2017).