WASHINGTON — In early May 2018, after weeks of phone calls and private meetings, 11 of the president's most senior advisers were called to the White House Situation Room, where they were asked, by a show-of-hands vote, to decide the fate of thousands of migrant parents and their children, according to two officials who were there.
President Donald Trump's senior adviser Stephen Miller led the meeting, and, according to the two officials, he was angry at what he saw as defiance by Homeland Security Secretary Kirstjen Nielsen.
It had been nearly a month since Jeff Sessions, then the attorney general, had launched the Trump administration's "zero tolerance" policy, announcing that every immigrant who crossed the U.S. border illegally would be prosecuted, including parents with small children. But so far, U.S. border agents had not begun separating parents from their children to put the plan into action, and Miller, the architect of the administration's crackdown on undocumented immigrants, was furious about the delay.
Those invited included Sessions, Nielsen, Health and Human Services Secretary Alex Azar and newly installed Secretary of State Mike Pompeo, according to documents obtained by NBC News.
Nielsen told those at the meeting that there were simply not enough resources at DHS, nor at the other agencies that would be involved, to be able to separate parents, prosecute them for crossing the border and return them to their children in a timely manner, according to the two officials who were present. Without a swift process, the children would enter into the custody of Health and Human Services, which was already operating at near capacity.
Two officials involved in the planning of "zero tolerance" said the Justice Department acknowledged on multiple occasions that U.S. attorneys would not be able to prosecute all parents expeditiously, so sending children to HHS was the most likely outcome.
As Nielsen had said repeatedly to other officials in the weeks leading up to the meeting, according to two former officials, the process could get messy and children could get lost in an already clogged system.
Miller saw the separation of families not as an unfortunate byproduct but as a tool to deter more immigration. According to three former officials, he had devised plans that would have separated even more children. Miller, with the support of Sessions, advocated for separating all immigrant families, even those going through civil court proceedings, the former officials said.
While zero tolerance ultimately separated nearly 3,000 children from their parents, what Miller proposed would have separated 25,000 more, including those who legally presented themselves at ports of entry seeking asylum, according to Customs and Border Protection data from May and June 2018.
That plan never came to fruition, in large part because DHS officials had argued it would grind the immigration process to a halt. But after Sessions' announcement that all families entering illegally would be prosecuted, the onus had fallen on DHS to act.
At the meeting, Miller accused anyone opposing zero tolerance of being a lawbreaker and un-American, according to the two officials present.