The Case for Compensating Victims of Trump’s Brutal Child Separation Policy

Source: The Volokh Conspiracy
by Ilya Somin

“Some critics of compensation payments argue none is owed because the migrants in question crossed the border illegally. In fact, Trump’s ‘zero-tolerance’ policy imposed forcible separation even on numerous families who entered the United States for the entirely legal purpose of applying for asylum. Moreover, even if the families in question had acted illegally, that would not give the government a blank check to abuse them as much as it wants. Its activities must still be subject to legal and moral constraints. The government routinely pays compensation to convicted criminals abused by prison guards, for example. … It is indeed unfortunate that taxpayers will end up on the hook. But that is true for nearly all compensation payments for state-inflicted injustices.” (11/22/21)