Política de tolerância zero no primeiro governo Trump: violações de direitos humanos e impactos sobre crianças migrantes

Abstract

This study analyzes the Zero Tolerance Policy adopted during Donald Trump’s first administration (2017-2021) and its effects on migrant children in the United States. The objective is to understand how this policy affected children’s rights and what was new about it compared to previous administrations. A qualitative, bibliographic and documentary approach was adopted, based on books, scientific articles, legislation, official documents, reports from international and human rights organizations, and journalistic sources. It is argued that Zero Tolerance did not constitute an unprecedented rupture, but rather the generalization of existing legal and administrative instruments: the main change was the elimination of the exceptions that had preserved family unity, which turned separation into a regular consequence of border enforcement. As they were not the targets of criminal prosecution, children came to bear part of the costs of criminalizing their guardians, suffering physical, psychological, and social impacts that persisted after the policy’s formal suspension. It is concluded that migration control, when detached from child protection, can produce serious humanitarian consequences, highlighting the need to reconcile state sovereignty with the rights of migrant children.