Firestorm cover

Firestorm

by Jacob Soboroff

The MS NOW reporter describes events during the 2025 fires in Los Angeles and what they might portend about future catastrophes.

Deterrence, Design, and Consequence

What does it take for a controversial idea to become U.S. policy—and what happens when it does? In Firestorm (as reconstructed here), you follow how a deterrence-first worldview inside the Trump administration turned family separation from a quiet option to a nationwide program, and how that choice collided with the reality of child welfare systems, fragmented data, and public accountability. You see that policy is not a single signature; it is a chain of meetings, memos, pilot tests, press strategies, and, ultimately, human stories like Juan and his son José or the Congolese mother Ms. L. The book’s core argument is clear: a political commitment to deterrence, when paired with prosecutorial will and weak operational planning, creates predictable harm—especially for children.

You start with an origin story: a February 14, 2017 Valentine’s Day meeting at CBP headquarters where officials explicitly floated separating children from parents to help end “catch-and-release.” Commander Jonathan White from the Office of Refugee Resettlement (ORR) heard the proposal and immediately recognized the implications: shifting a civil migration process into a criminal domain would force separations and push children into HHS custody. That seed—amplified by Attorney General Jeff Sessions’s April 2017 push to increase prosecutions and his March 2018 zero-tolerance memo—set the stage for Secretary Kirstjen Nielsen’s May 5, 2018 signature authorizing referrals of all amenable adults for prosecution, including those traveling with children.

A policy lineage of deterrence

To make sense of 2018, you look back. From the 1990s “prevention through deterrence” model to 2014’s unaccompanied-minor surge, U.S. border strategy often sought to raise costs for migrants (fences, surveillance, harsher processing). The family separation idea surfaced before—Obama officials considered it and rejected it (Jeh Johnson: “I just couldn’t do that.”). Under Trump, senior figures like Stephen Miller and Jeff Sessions revived it as a tool to end “catch-and-release,” reinforced by public comments such as John Kelly’s “I would do almost anything to deter.” The rhetorical logic remained consistent: if you increase suffering at the border, you decrease arrivals (a claim many researchers dispute and the book challenges with evidence from ports of entry and tunnels).

Design without delivery

The decision chain is precise: DHS deputy leaders Kevin McAleenan, Thomas Homan, and L. Francis Cissna advanced an April 2018 memo offering “Option 3”—prosecute everyone amenable, including family units. DHS general counsel John Mitnick cautioned that separations may be legally vulnerable under statutes, the APA, and the Fifth Amendment. Nevertheless, Nielsen signed. What was missing? The operational plan to care for, track, and reunify children and parents. ORR’s limited capacity (especially for tender-aged kids) and fragile interagency IT made the policy brittle from day one.

The operational and information cascade

When DOJ prosecutes a parent, you trigger logistics: children must be transferred to ORR custody and linked in records to detained parents in ICE or CBP systems. That link rarely existed. ICE, CBP, and ORR ran separate databases with no common, reliable identifier flow. Inside ORR, career staff like Jim De La Cruz resorted to an informal spreadsheet—the “working list”—because, as one ORR official put it, “We’re the only ones tracking.” HHS’s Thomas Fitzgerald pleaded with ICE’s Matthew Albence for A-numbers; HHS could match only ~60 of some 2,200 separated children in early tallies. Without interoperable data, reunification became a manual, error-prone detective exercise.

Seeing is believing—then acting

Journalism converted hidden procedure into public crisis. Jacob Soboroff’s June 13, 2018 tour of Casa Padre—a former Walmart in Brownsville holding roughly 1,500 boys—produced visceral imagery (“Oreos, applesauce”; “it feels like being looked at like animals in a cage”). ProPublica’s audio of children sobbing in CBP custody and live TV segments from McAllen turned moral discomfort into outrage. Political pressure spiked, President Trump signed a June 20 executive order to halt systematic separations, and the ACLU’s Ms. L lawsuit led Judge Dana Sabraw to enjoin the practice and order reunifications on tight deadlines (14 days for under-fives, 30 for others).

Throughline

“Shocks the contemporary conscience,” Judge Sabraw wrote, summarizing the legal and moral judgment. The phrase anchors the book’s claim: the policy was deliberate, operationally underprepared, and foreseeably harmful.

Why this matters to you

If you design or evaluate policy, you learn three lessons. First, deterrence frames can overpower legal caution unless you embed child welfare and due process at the core. Second, every physical separation demands a stronger information connection; otherwise, reunification fails. Third, systems truth checks rhetoric: drugs often come through ports of entry, tunnels bypass walls, and geography thwarts simple fixes. Firestorm argues that without operational planning, interoperable data, and ethical guardrails, political agendas produce human disasters—and then courts, journalists, and career officials must pick up the pieces.


From Deterrence To Zero Tolerance

You trace how a long-standing deterrence ethos evolved into family separation. Beginning with the 1990s “prevention through deterrence” strategy, U.S. policy concentrated resources to make irregular crossings harder, betting that danger would reduce flows. The 2014 crisis of unaccompanied minors prompted Obama-era emergency shelters on military bases and fierce debates; some advisors explored parent prosecutions, but DHS Secretary Jeh Johnson declined, citing ethics and legality. Under Trump, that boundary moved. Ending so-called “catch-and-release” became a Day One objective, and senior officials argued that criminal prosecution of parents would deter families from coming at all.

Rhetoric becomes roadmap

Rhetoric signaled intent. John Kelly told CNN he “would do almost anything to deter,” making the tool—separation—public before formalization. Stephen Miller pushed internally for tougher measures. Attorney General Jeff Sessions reinforced the shift: his April 2017 direction ramped up prosecutions; his March 2018 zero-tolerance memo told U.S. Attorneys along the southwest border to charge all unlawful entries. This prosecutorial mandate was the policy gear that forced separation when children accompanied alleged offenders (parents now faced criminal custody; children were reclassified as unaccompanied and sent to HHS).

Pilots, memos, and the El Paso test case

Before Nielsen’s signature, you see pilots—notably in El Paso—where agents began separating families. ORR’s Commander Jonathan White and colleagues noticed upticks and sounded alarms that the practice was already happening in pockets, without formal guidance or infrastructure. Inside HHS, program staff like Jim De La Cruz started an internal tally because official intake systems didn’t identify “separated child” status reliably. These pilots served two functions: they tested operational feasibility and normalized the practice, creating a baseline that a broader memo could later ratify.

The DHS decision memo and legal cautions

In April 2018, DHS deputy leaders Kevin McAleenan, Thomas Homan, and L. Francis Cissna sent a decision memo outlining options. “Option 3” called for prosecuting all amenable adults, including those in family units. DHS General Counsel John Mitnick attached a sober warning: separations might survive some legal scrutiny but risked violating statutes, the Administrative Procedure Act, or Fifth Amendment protections. Despite that advice, Secretary Kirstjen Nielsen signed (the book cites May 5), converting de facto pilots into de jure policy.

Design choices with foreseeable outcomes

Design decisions set downstream realities. DOJ’s zero-tolerance push plus DHS’s prosecution-first guidance ensured children would be separated in large numbers. But the policy architects failed to pair the decision with capacity building at ORR, interoperable tracking between ICE/CBP and HHS, or a reunification plan. That omission wasn’t a footnote; it was the core flaw that would draw judicial rebuke and make reunification a months-long emergency.

Policy genealogy

Family separation is best understood as a late-stage escalation in a deterrence lineage—one earlier administrations contemplated but rejected, and the Trump team embraced and operationalized (compare to analyses in migration scholarship showing deterrence often redistributes risk rather than reducing flows).

Reality check at the border

Soboroff’s reporting from San Ysidro and Otay Mesa complicates the simplistic case for deterrence: most hard narcotics are interdicted at ports of entry; sophisticated tunnels (like the “Cadillac” Galvez tunnel) evade vertical barriers; South Texas levees, protected lands, and private property slow wall projects for years. Meanwhile, asylum seekers—often fleeing violence, climate shocks, and economic collapse—continue to arrive, making punishment at the border a poor tool for addressing root causes. That mismatch between political promise and operational truth sets up the crisis to come.


The Decision Chain To Signature

To see how separation became official, you follow a paper trail—and the people who wrote it. The Valentine’s Day 2017 CBP meeting marks the first moment separation surfaces explicitly as an option to deter migration. In that room, the split is stark: law-enforcement officials express enthusiasm; child-welfare professionals are stunned. From there, momentum builds through DOJ guidance and DHS decision-making until Secretary Kirstjen Nielsen signs a memo that catalyzes a national rollout.

Key actors and milestones

Attorney General Jeff Sessions takes the first decisive bureaucratic step in April 2017 by prioritizing immigration prosecutions, then formalizes zero tolerance in March 2018, instructing border U.S. Attorneys to prosecute all illegal entry referrals. At DHS, Kevin McAleenan (CBP), Thomas Homan (ICE), and L. Francis Cissna (USCIS) collaborate on an April 2018 decision memo presenting “Option 3” to prosecute all amenable adults—implicitly forcing separation if a child is present. John Mitnick, DHS general counsel, appends a caution that legal challenges are likely. On or about May 5, 2018, Nielsen signs, and DOJ and DHS present a united front: prosecution-first will replace “catch-and-release.”

Pilot precedents and deniability

Before signature, certain sectors (notably El Paso) run de facto pilots, separating families in practice. These tests establish a precedent, create data points, and build internal comfort, while preserving deniability (“there is no official policy”). ORR staff start noticing the trend and, lacking formal signals from DHS, track separations manually. The result is a widening gap between what leadership says publicly and what front-line staff experience daily.

Legal greenlight vs. ethical red flags

Mitnick’s caution matters because it frames a choice, not a misunderstanding. Policy makers proceed after weighing legal risk against political goals. Inside HHS/ORR, Commander Jonathan White and others warn that separation will harm children and that ORR lacks capacity—particularly for tender-aged kids and specialized licensed placements. Despite those warnings, political actors prioritize deterrence and speed. You witness a classic public-administration tension: legal permissibility does not equal wise, ethical, or operationally sound policy (note parallels to public-health crises where narrow legal readings overshadow community impact).

From memo to message

Once signed, the memo requires public framing. Sessions and DHS leaders argue that separations are a consequence of lawbreaking, not a goal. Yet statements like John Kelly’s earlier “do almost anything to deter” and internal writings make deterrent intent obvious. The messaging strategy leans on legality—“we are just enforcing the law”—while minimizing internal documentation that identifies separation as a purposeful tool. The contradiction sets the stage for later courtroom scrutiny where intent, planning, and harm become central questions.

Revealing moment

Judge Dana Sabraw’s phrase “shocks the contemporary conscience” captures how courts read the record: as a deliberate, top-down program implemented despite clear warnings about harm and infrastructure gaps.

Why process design counts

If you work in policy, this chain shows you the need to pair high-level decisions with ground-level systems. Prosecutorial memos without linked tracking fields, bed projections, and reunification playbooks guarantee failure. The sign-off moment is decisive—but only as the start of an implementation plan that, here, did not exist.


ORR’s Capacity Crunch

When you move from policy to practice, you land in the Office of Refugee Resettlement (ORR), a child-caretaking agency inside HHS. ORR’s job is to shelter children designated as Unaccompanied Alien Children (UAC), vet sponsors, and place kids safely. Family separation funneled a sudden, sustained surge into this system—without the planning, staff, or beds to absorb it. The result: emergency “influx” shelters, ethical dilemmas, and mounting delays in reunification.

Bed math and tender-aged placements

Commander Jonathan White’s memos model the surge. He warns that if DHS discourages sponsors (the Sponsor Initiative) and referrals spike, average length of care will increase and bed demand will triple—potentially reaching ~30,000 beds, far above appropriated capacity. Specialized placements for very young children are especially scarce. ORR staff report early and persistent shortages, confirming White’s projections. The arithmetic is brutal: more inflow plus fewer sponsors equals longer stays and more trauma.

Homestead and influx facilities

To manage the surge, ORR reactivates Homestead, a temporary facility on a former Job Corps site in Florida, and considers similar “influx” options. These sites can scale quickly but often sit outside state childcare licensing regimes, prompting scrutiny about oversight and services (education, mental health, case management). The tradeoff is speed versus standards: fast sheltering averts immediate crises but risks lower-quality care and transparency (critics note parallels to disaster shelters that meet throughput targets but struggle with dignity and development needs).

Leadership tensions and ethics

Inside ORR, career staff and political leadership clash. Scott Lloyd, the Trump-appointed ORR director, has high-profile disagreements with staff (including on reproductive-health cases) and, critically, questions the maintenance of a “working list” tracking separated children. Staff like Jim De La Cruz keep spreadsheets anyway, worried that official systems fail to capture the crisis. The message from above—“no official policy”—rings hollow as separated children continue to arrive. The ethical stakes intensify: do you prioritize internal risk management or the data you need to reunify kids?

Longer stays, worse outcomes

ORR data shows separated children often stay longer than other UAC, compounding harm. Case managers juggle incomplete files, limited parent contact, and evolving court orders. The operational picture is sobering: shelters overflow; specialized placements run out; months pass. Clinical teams document trauma symptoms, including PTSD and suicidal ideation in young children. This isn’t abstract. It’s a child in Harlingen, Texas, waiting for a ten-minute weekly call; it’s a parent in Adelanto asking if his son is even in the same state.

Operational lesson

If you separate families, you must pre-build child-first capacity: licensed beds, tender-aged placements, trauma-informed staffing, and an integrated reunification workflow. Anything less shifts system risk onto children.

What you can apply

Emergency managers and policy designers can treat ORR’s crunch as a case study. Model surge scenarios; protect data pipelines; align ethics with operations; and insist that political directives include funding, staffing, and oversight. Otherwise, operational debt accrues—and children pay it.


Data Failures, Lost Links

The most devastating failures are sometimes invisible. Here, it’s the information layer. CBP, ICE, and ORR each used separate databases, none reliably interoperable. The result: a child could enter ORR custody with no machine-readable, verified link to a parent held by ICE or processed by CBP. In a policy built on forced separation, that missing link turned a controversial decision into a logistical catastrophe.

Three systems, no shared key

ICE’s and CBP’s systems tracked adults; ORR’s portal tracked children. But there was no enforced, bidirectional identifier—no mandatory, validated A-number field that followed both people. Claire Trickler-McNulty (ICE) saw the problem; so did Thomas Fitzgerald (HHS), who emailed Matthew Albence (ICE) requesting parent A-numbers to link to children’s files. Albence replied that the linkage did not exist at scale. Fitzgerald later reported only around 60 matches among roughly 2,200 separated children—less than 0.5 percent.

Workarounds and their risks

Lacking system links, staff built human ones. Jim De La Cruz’s “working list” in ORR aggregated names, A-numbers, and referral notes. It became the most complete cross-agency artifact connecting parents and children. Leadership feared leaks and even debated removing the list. That irony defines the chapter: the unofficial list, not the official systems, made reunification possible. Meanwhile, proposed fixes—like adding a “separated” checkbox at CBP intake—stalled in interagency reviews and IT change queues.

Consequences on the ground

Without reliable links, caseworkers and lawyers became detectives. Parents were deported while children remained in U.S. custody; some kids moved shelters without parent contact info; phone calls were sporadic and short. When courts ordered reunification, HHS created a Secretary’s Operations Center, but teams still had to match rows of spreadsheets by hand, call detention facilities one by one, and navigate inconsistent records. Every day lost widened trauma for a child who did nothing wrong.

Design principle: separate physically, connect digitally

If you must separate people for any reason—criminal proceedings, health isolation, disaster triage—you owe them strong, audited data ties. That means a shared key, mandatory data fields, cross-agency API integrations, and governance rules. It also means privacy and civil-rights protections so that tracking does not become surveillance creep. The book’s verdict is blunt: the government engineered separation faster than it engineered reconnection.

Illustrative failure

“Are you saying you don’t have the alien number for any of the parents?” Albence asked. The answer revealed the scale of the gap—and explained months of chaos.

What you can do differently

For leaders in public systems, establish the data architecture before flipping the policy switch. Build a minimal cross-agency schema, enforce intake flags (e.g., “separated due to prosecution”), and test reunification workflows in tabletop exercises. You don’t need perfect software—just disciplined, interoperable basics.


Witnessing Casa Padre

Policy stays abstract until you see it. Jacob Soboroff’s reporting turned an internal program into a public reckoning. On June 13, 2018, he toured Casa Padre, a 250,000-square-foot former Walmart in Brownsville run by Southwest Key. Inside were roughly 1,500 boys. In a small Walgreens notebook, he wrote fragments—“Oreos, applesauce,” “kids everywhere,” “feel like animals in a cage being looked at.” On live TV, he said plainly: this is a shelter where children are effectively incarcerated. Those images and words reached tens of millions.

Field notes to national outrage

Soboroff had already reported from San Ysidro on drugs at ports of entry, and from Otay Mesa on sophisticated tunnels. But Casa Padre was different. It gave viewers a window into the daily life of separated and unaccompanied children: regimented lines, murals (including of President Trump), limited outdoor time, and crowded dorms. ProPublica’s audio of crying children in CBP hieleras compounded the effect. Faith leaders, pediatricians, and community groups responded with condemnation, and protests spread nationwide.

Media choreography and limits

DHS press aide Katie Waldman curated media access, offering selective tours and emphasizing chosen images. Yet curation could not erase core facts: thousands of children had been separated, and the government lacked a plan to reunite them. Soboroff’s coverage extended to courtrooms, where he tracked the Ms. L case and reported the government’s numbers in real time (e.g., HHS and DOJ filings, lawyers like Sarah Fabian phoning in with counts). The combined effect made it impossible to dismiss separations as “fake news.”

From exposure to executive action

The reporting cycle produced political pressure. Within a week of Casa Padre’s coverage crescendo, President Trump signed a June 20 executive order aimed at halting the systematic separations. But headlines couldn’t fix data systems or fill licensed beds; courts and career officials still had to do the hard, technical work of reunification. Journalism, in other words, opened the door; implementation had to walk through it.

Field-to-courtline

The notebook becomes symbol and source—microdetails that anchor macro-policy. It’s a reminder that precise, ground-level reporting can shift law and policy (compare to classic investigative journalism that precedes regulatory reform).

Takeaway for you

If you lead, regulate, or serve the public, expect that images and first-person accounts will test your policies as much as memos and models. Build policies you can defend when the camera enters—and when a child looks into it.


Lives Behind The Policy

Statistics don’t cry. People do. The book centers families like Juan and his son José and the Congolese mother Ms. L to reveal the private devastation behind public decisions. Through sworn declarations and field reporting, you hear parents beg for a last hug, children scream as they are taken away, and caseworkers ration ten-minute calls each week. These stories transform legal jargon—“zero tolerance,” “amenable adult”—into lived trauma.

Juan and José’s 124-day separation

Fleeing threats in Petén, Guatemala, Juan travels 2,000 miles with 14-year-old José. They cross near San Luis Río Colorado and are apprehended within minutes. At Yuma station, agents book them together and then split them—Juan to an adult hielera, José to a children’s cell. Juan begs for thirty seconds to hug his son and is refused. Juan is moved—shackled—to Florence, then Victorville federal prison, then Adelanto in California. José flies to a BCFS shelter in Harlingen, Texas. Days pass without contact; neither knows the other’s location. Juan is pressed to sign an English “Separated Parent’s Removal Form” he doesn’t understand, indicating deportation without his child. With legal help, he wins a credible-fear interview, secures bond, and after 124 days they reunite at Reagan National Airport.

Ms. L and the class action catalyst

Ms. L, a Congolese asylum seeker, presents lawfully at San Ysidro and is separated from her 7-year-old daughter despite passing credible fear. The ACLU—led by Lee Gelernt—uses her case to bring a class action, arguing due-process violations. Her story punctures official claims that separations only involved criminality or child-safety concerns. It becomes the legal hinge upon which thousands of reunifications will later swing.

Clinical and developmental harm

Pediatricians and mental-health experts warn that forcible separation can cause toxic stress and lasting trauma. The American Academy of Pediatrics states that thousands may be traumatized for life. Clinicians document PTSD, regression, and suicidal ideation—even in very young children. Each transfer, cold cell, or missed call compounds the hurt. The harm isn’t hypothetical; it’s measurable, and it persists long after reunification.

Beyond the courtroom

Even after reunification, families face legal limbo, community stigma, and lingering fear of authorities. The policy echoes through migration networks, shaping decisions for years (many see it as state violence). Trust in institutions erodes, complicating public health outreach, schooling, and future cooperation with authorities. If policy is the art of shaping futures, separation reshaped too many for the worse.

Human truth

“They treated us like animals, like dogs,” Juan says. One sentence captures a thousand pages of memos.

Your lens

Whenever you evaluate a policy, ask: if I were the child in the van, the parent in the hielera, or the caseworker holding a ten-minute timer, would the rationale still stand? Firestorm argues that this empathy test is as essential as any cost-benefit analysis.


Courts And Accountability

The legal system becomes the backstop when policy outruns ethics and operations. The ACLU’s Ms. L case consolidates widespread separations into a class action, and Judge Dana Sabraw issues a preliminary injunction in late June 2018. He bans systematic separations and orders reunifications on tight timelines: 14 days for children under five, 30 days for older kids. He condemns the government’s lack of a plan as conduct that “shocks the contemporary conscience.” Public outrage may have opened the door; the court forces the walk through it.

Emergency reunification and Commander White

HHS designates Commander Jonathan White as Federal Health Coordinating Official for reunification. White establishes a Secretary’s Operations Center, streamlines vetting, and pushes agencies to build the missing links fast. He appears in court filings and hearings as the right leader for the job. Yet even strong leadership cannot conjure data from thin air. Teams still sift spreadsheets, cold-call detention centers, and navigate deportations already executed without reunification.

Judicial guardrails and rebukes

Sabraw rejects HHS’s “parade of horribles” argument against streamlined reunification, calling it a veil for prior failures. He requires HHS and DHS representatives to appear in person and to produce numbers that survive basic scrutiny. He also bars deportations without meaningful reunification opportunities, directly addressing earlier practices. This judicial posture—firm timelines, on-the-record accountability—becomes the operating system for reunification.

Parallel oversight and the record

Beyond the courtroom, DHS Inspector General reports, congressional inquiries, and civil-rights complaints (e.g., from the National Immigrant Justice Center) create a multi-front accountability environment. These investigations surface emails, memos, and testimony that reconstruct intent and expose operational gaps. They also document the lasting impact on deported parents and children who remained in the U.S., shaping future policy debates and settlements.

What courts clarify

Courts translate moral claims into enforceable obligations. They compel the government to do what it should have planned from the start: know where every child is, know where every parent is, and have a safe, prompt way to bring them together. For you, the lesson is durable: if a policy depends on harm to succeed, it will likely fail under legal and public scrutiny—and it will cost far more to unwind than to build ethically in the first place.

Enduring takeaway

Accountability arrives—if not through governance design, then through journalists, judges, and the grit of career civil servants.

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