Senator Benjamin, Assemblymember Epstein and Advocates Push for Passage of their Legislative Response to Family Separation: the SCAR Act

(Albany, NY) To address the crisis of forcibly separated children at the border, New York State Senator Brian A. Benjamin and Assemblymember Harvey Epstein are pushing forward their legislation to increase accountability of the federal government’s detention of children being held in facilities in New York state.

“Homeland Security Secretary Kirstjen Nielsen, who put children in cages and oversaw the forced separation of families at the border, was fired by President Trump because he decided that she was ‘weak’ on immigration and border security. New York can’t afford to wait to see what her replacement does–we need to pass the SCAR Act now. The Trump administration’s response to the crisis they have caused remains woefully inadequate. There is no public or transparent record of the number of separated children, their status, or even whether or not they have been returned. The Separated Children Accountability Response Act (The SCAR Act) will change that,” said bill sponsor Senator Benjamin, “I am proud to say that as of this morning, there are thirty-six State Senators co-sponsoring this vital legislation, more than enough to pass it through the Senate.”

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“Despite the Trump administration’s reversal of the family separation policy some 9 months ago, recent reports show that separation continues, with children being dispersed to foster care agencies across the country and in this state, often with no system in place to track their whereabouts” said bill sponsor Assemblymember Epstein, “We need to live our values as New Yorkers by standing up for these marginalized children and families. By passing the SCAR Act, we can provide the transparency and accountability we hope will facilitate the reunification process and enable leaders to help meet the needs of the victims of Trump’s cruel policy while they remain in limbo.”

"Everyday we are hearing more stories about this Administration's dishonesty and lying as it continues to separate children from their parents and keep them in cages. Their policy is to terrorize both the parents and children and it goes against every one of our moral, humane and scriptural beliefs.This bill, the SCAR Act will allow the State and our communities to see and stand up against this Administration." said Ravi Ragbir, Executive Director of the New Sanctuary Coalition.

As chair of the Committee on Children and Families in the New York State Senate I know that this bill will be on our next calendar, on our next agenda, and we will make sure that this goes to the floor in the State Senate,” said State Senator Velmanette Montgomery. “We have a responsibility, we feel, and thanks to Senator Benjamin’s legislation we will now be able to at least have information ourselves. So thank you we look forward to continuing to work with you.”

The SCAR Act, S.222A/A.1436A adds new subsection 9 of the Social Services Law § 372 that requires reporting every thirty days of the following data by a child welfare agency with custody of alien minors separated from alien parents to the Commissioner of Children and Family Services:

• The number of unaccompanied alien minors newly accepted into the authorized agency's care within the previous thirty days under a contract, grant, or other agreement with the federal government,
• the number of unaccompanied alien minors released from the authorized agency's care within the previous thirty days under a contract, grant, or other agreement with the federal government,
• the number of unaccompanied alien minors currently under the authorized agency's care under a contract, grant, or other agreement with the federal government at the time of the report,
• the median and mean number of days unaccompanied alien minors have spent in the care of the authorized agency under a contract, grant, or other agreement with the federal government,
• the number of unaccompanied alien minors in the authorized agency's care who were forcibly removed from the custody of their parents,
• the number of unaccompanied alien minors previously forcibly removed from the custody of their parents and placed in the authorized agency's care that have been restored to the custody of their parents,
• the number of unaccompanied alien minors in the authorized agency's care whose primary language is not English, including the number of minors speaking each language and the primary language spoken by such children, and
• any other information the commissioner deems necessary.

Failure to report this information completely and accurately will be punishable as filing a false instrument under the Penal Law.

The Commissioner of the Office of Family and Children's Services would be able to penalize a noncompliant agency by a fine of $500-$10,000 or revoking its license for failure to provide information as described here. The data collected by the Commissioner of the Office of Family and Children's Services would be made public in real-time and to government officials upon request.

Rev. Chloe Bryer of the Interfaith Center of New York

State Senator Liz Krueger said, “We have a basic moral responsibility to ensure the welfare of children in our care. Regardless of your opinion about immigration in our country, it is unconscionable that the federal government would allow children to be “lost” in a bureaucratic maze with no trail. New York State must act to ensure that children sent here after being victims of the President’s forced separation policy can be tracked and returned to their parents.”

“The massive support for the SCAR Act makes one thing clear,” said Assemblywoman Nathalia Fernandez, “that this state and legislature will not tolerate the haphazard separation of children at our borders. While we cannot snap our fingers and bring families back – although we would want nothing more – increasing transparency on where these children are in our foster system is a step in the right direction. I am proud to support this legislation and I am happy to see my colleagues doing the same.”

“Immigrant families seeking safety and opportunity in our country cannot be torn apart as a result of an inhumane federal immigration policy. As New Yorkers who understand that diversity is our strength, we must stand united against these appalling actions,” said Assemblyman David I. Weprin. “The Separated Children Accountability Response Act (SCAR Act) will grant New York State oversight over child-welfare organizations and allow us to get information on the status of the separated families and children. I thank Assemblyman Harvey Epstein for standing up to the federal government and safeguarding the welfare of our most vulnerable residents.”

"We must continue to protect all children, especially those forcibly separated from their parents. Every moment away from a parent is vital to the mental and physical well-being of a child, which is why I am a proud co-sponsor of this legislation, to hold agencies accountable and to ensure the safe, timely reunion of these vulnerable children to their families," said State Senator Joseph Addabbo.

“There is nothing as heartless and inhumane as separating children from their families,” said Assembly Member Rebecca Seawright. “Many poor families came to our border escaping violence and persecution, turning themselves in to authorities, only to have their children separated from them.  Many families are still not reunited with their children. In response to the crisis of detaining children at our border, I am proud to be a cosponsor to The Separated Children Accountability Response Act (SCAR Act).  I commend Assembly Member Epstein and State Senator Benjamin for introducing legislation to bring transparency and to account for every fostered child in the custody of a New York State contracted facility.”

State Senator John Brooks said, "A core foundation of our country has been a belief in family. From the earliest days immigrants migrated into the country searching for a better life for all members of the family. It is not only unfortunate but also unacceptable that our country has initiated a process to separate children from their families and in many cases making the separation permanent. It is time that we return to founding principles of this country and take steps to return children to their families, so they can enjoy the future benefits of this country.”

“We have reached a breaking point in New York and we will not allow the federal government to use anti-immigration policies to eliminate basic human rights. Children who have been robbed of their adolescence and stripped from their mothers and fathers will be accounted for. The Separated Children Accountability Response Act (SCAR Act) will expose the number of children who have been displaced from their families because the scale of this crisis can no longer be kept secret. Sunlight is always the best disinfectant,” said Assemblymember Aravella Simotas.

State Senator Alessandra Biaggi said, "There is no excuse for separating young children from their parents. We should be better than that as a country. We may not be able to change national policy yet, but we can at least take a strong stand here in New York. Children belong with their parents!"

“Separating kids from their families is cruel and inhumane, and that’s what the Trump administration has been doing by dispersing children of families seeking asylum to child detention centers across the country, including here in New York.  New York can provide a measure of accountability and transparency and help reunite families who’ve been deliberately separated because of this barbaric federal policy,” said Assembly Member Richard N. Gottfried.

“More than 3,000 children, some as young as eight months old, have been ripped away from their parents at the border under the brutal federal policy of family separation. We know that this has caused long-lasting trauma to these children and their families, and that despite the official rhetoric, many children remain separated from their families. I am grateful to Senator Benjamin for sponsoring the Separated Children Accountability Response (SCAR) Act and proud to support this legislation, which will allow the public to fully understand the scale of this horrendous policy, and hold publicly accountable the agencies responsible for it," said State Senator Jen Metzger.

“As the current White House administration perpetuates their policy of family separation by the office of Immigration and Customs Enforcement, many New Yorkers have been left feeling heartbroken and helpless to reunite children with their parents. Some of these children who were separated from their parents are now in the custody of nonprofit agencies in New York State, but we currently have no way to track which of these children are still waiting to be reunited with their parents. I support the SCAR Act, which would create transparency in this system to help bring families back together, and urge its passage as soon as possible,” said Assemblyman Jeffrey Dinowitz.

“President Trump’s barbaric illegal immigration policies have resulted in a large number of children being separated from their parents by federal officials.  With no requirement for transparency, we’re left in the dark about the number of children in custody, their status, or whether they have been returned to their parents as has been mandated by the courts.  This law ensures that this information is accurately reported and that those who do not rightfully face criminal penalties,” said State Senator Andrew Gounardes.  

“Today’s children from all countries are the world’s future.  Children should be treated like children not pawns in a political power game. New York needs the information to be sure all children are properly cared for,” said Assemblymember Thomas J. Abinanti.

State Senator Zellnor Myrie said, “It's hard to imagine a more horrific act than tearing young children away from their families. To be not only complicit in this heinous practice but also to do so without providing information to those trying to help the affected families is cruel, unjustifiable, and has no place in New York State."

“We have a moral responsibility to protect these vulnerable children and preserve the rights of immigrant families. This bill takes an important step in holding the federal government accountable for its inhumane immigration policy by requiring a full account of all separated children being held in facilities in New York State. We cannot allow our government to hide from the truth of the humanitarian crisis that it has created. In the past few days, we learned that President Trump has been urging his administration for months to reinstate the family separation policy for migrants crossing the southern border. It is clear that this threat to human rights will continue and the cruelty of this administration knows no bounds.The fight for justice for the separated families, including those families who have been sent to The Bronx, continues and we must focus on comprehensive immigration reform, keeping families together, and showing that we are secure as a nation when we are all safe and secure as as a people,” said Assemblymember Michael Blake.

Senator Anna M. Kaplan said “The federal policy of family separation at the border has resulted in potentially thousands of children being spread around different social service agencies in New York State with little accountability and even less hope for being reunited with their families in a timely fashion.  The SCAR act is the first step towards un-doing the mess created by the federal government to help get these kids back with their parents where they belong.”

“To separate families and keep parents in the dark about the whereabouts of their children is unconscionable,” said Assemblymember Dan Quart. “While we – as state lawmakers – are limited in what we can do, the SCAR Act is a concrete transparency measure that will require basic information about separated children be made public.”

“In spite of a large public outcry, the Trump administration continues its cruel policy of separating immigrant children from their parents when they enter the U.S. “As a parent I am outraged,” said Senator Pete Harckham, 40th Senate District. “If we can’t stop this inhumane policy, at least we can keep an accurate record of these children who are being cared for in New York facilities and whether or not they have been reunited with their parents.”

"The humanitarian crisis created by the Trump administration's policy of devastating families by separating children from their parents cannot continue.  These families may never recover from the trauma they have inexplicably incurred when they simply sought to flee the overwhelming poverty, violence, and persecution they experienced in their home countries.  I thank Assemblymember Epstein and Senator Benjamin for introducing this legislation which forces the federal government to take accountability and provide transparency on the placement of children who are wrongfully removed from their parents,” said Assemblymember Catalina Cruz.

State Senator Luis Sepulveda said, “Because of the Trump administration's abhorrent and reckless immigration policies, countless children in US custody remain separated from their caregivers with no accountability or tracking. I am grateful for my colleagues' leadership on this bill which will ensure NY State does all it can to reunite families and restore a level of dignity and justice to our immigration system.”

“It's been almost a year since this immoral administration implemented its zero tolerance policy leading to the forceful separation of thousands of immigrant children from their parents," said State Senator Gustavo Rivera. "As a State, we have a responsibility to ensure the health and safety of the children that were transferred to New York as part of this hateful policy. I stand with Senator Benjamin in pushing for the passage of the SCAR Act so that we are able to accurately account for these children and help reunite them with their families”

"The SCAR Act could not be more important, nor more timely.  With increasing reports of a renewal of the federal government’s family separation policy, New York must both redouble its efforts to eliminate these separations from occurring, and act as a compassionate counterweight to those that have occurred, by bringing sunlight and accountability to reunification efforts, and help to those victims still seeking to reunify with their loved ones" said Assemblymember Jo Anne Simon.

"The SCAR Act is an important step forward in the process to hold organizations responsible for the accounting of undocumented minors under their care. I am proud to cosponsor a bill that will increase transparency and will improve the process of reuniting undocumented children with their families,” said Assemblywoman Judy Griffin.

“The heartbreak we feel for these separated families must be turned into positive action by New York's leaders. As I've said for many years during the school funding fight, I feel like I'm the father of all of NY's children - and that includes those many children, separated from their families, who are now in the care of institutions in our state. We have a moral and legal obligation to them - as a state with a heart and a soul and a will to do the right thing, I support this vital bill. Every child in New York counts and must be accounted for  - and that includes all the children the Trump administration refuses to count. We will fight for these children,” said State Senator Robert Jackson.

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