Homeland Security Drafts Order to End Family Separations -Trump to Sign

[Right_in_Virginia]

Temporary Detention Policy for Families Entering this Country Illegally.  (a)  The Secretary of Homeland Security (Secretary), shall, to the extent permitted by law and subject to the availability of appropriations, maintain custody of alien families during the pendency of any criminal improper entry or immigration proceedings involving their members.

(c)  The Secretary of Defense shall take all legally available measures to provide to the Secretary, upon request, any existing facilities available for the housing and care of alien families, and shall construct such facilities if necessary and consistent with law. The Secretary, to the extent permitted by law, shall be responsible for reimbursement for the use of these facilities.

(d)  Heads of executive departments and agencies shall, to the extent consistent with law, make available to the Secretary, for the housing and care of alien families pending court proceedings for improper entry, any facilities that are appropriate for such purposes.  The Secretary, to the extent permitted by law, shall be responsible for reimbursement for the use of these facilities.

Is this saying that the adults will now stay with the kids in the "cages"?  (rather than the children being released to the adults to all live wherever they want while they await their day in court???)

Are they going to be keep these families in army barracks?

[WingNot]

The Republican Party - The Washington Generals of the political world

At least the Generals won a game one time.

[dfwgator]

It almost doesn't matter what it says.  The political fact is that the Left manufactured an emotional crisis to promote one of their major agenda items, and Trump responded to the cobra flutes as they played and ginned up the mob.

So clearly Trump is no more in charge of things than when McConnell was in charge of the Senate.  The Democrats and the Oligarchy still run the show for all practical purposes.

Republicans - The Washington Generals of Politics

[Cyber Liberty]

It almost doesn't matter what it says.  The political fact is that the Left manufactured an emotional crisis to promote one of their major agenda items, and Trump responded to the cobra flutes as they played and ginned up the mob.

So clearly Trump is no more in charge of things than when McConnell was in charge of the Senate.  The Democrats and the Oligarchy still run the show for all practical purposes.

I agree with that, but it also depends on the EO.  If it's a move back to catch and release, then trump loses it (as do we).  If it's tough with provisions that detain rather than release, then it's not a loss.  It certainly does matter what it says.

I've seen estimates that around 80% of these children do not belong to the parent they were arrested with.  If I was writing it, I'd say, OK, adult:  If you can't prove this child is yours, you're no longer on the touch for "illegally entering the US."  Now you're under arrest for Kidnapping.  And if I locate the parents who rented the child to you, then they're also under arrest for Child Endangerment.

[Mod1]

Another thread merge.

[Cyber Liberty]

Is this saying that the adults will now stay with the kids in the "cages"?  (rather than the children being released to the adults to all live wherever they want while they await their day in court???)

Are they going to be keep these families in army barracks?

It seems clear from your quoted passage that this is not going to be a return to "catch and release."

[Right_in_Virginia]

I agree with that, but it also depends on the EO.  If it's a move back to catch and release, then trump loses it (as do we).  If it's tough with provisions that detain rather than release, then it's not a loss.  It certainly does matter what it says.

@Cyber Liberty

Here are the parts of the EO that caught my attention (below)  If I'm reading this correctly,  the families stay together in the custody of the DHS in facilities provided by and run by the DHS.  The Defense Department is being asked to provide such facilities.

Temporary Detention Policy for Families Entering this Country Illegally.  (a)  The Secretary of Homeland Security (Secretary), shall, to the extent permitted by law and subject to the availability of appropriations, maintain custody of alien families during the pendency of any criminal improper entry or immigration proceedings involving their members.

(c)  The Secretary of Defense shall take all legally available measures to provide to the Secretary, upon request, any existing facilities available for the housing and care of alien families, and shall construct such facilities if necessary and consistent with law. The Secretary, to the extent permitted by law, shall be responsible for reimbursement for the use of these facilities.

(d)  Heads of executive departments and agencies shall, to the extent consistent with law, make available to the Secretary, for the housing and care of alien families pending court proceedings for improper entry, any facilities that are appropriate for such purposes.  The Secretary, to the extent permitted by law, shall be responsible for reimbursement for the use of these facilities.

[Right_in_Virginia]

It seems clear from your quoted passage that this is not going to be a return to "catch and release."

I'm glad you said this  @Cyber Liberty   I actually think it's going to be tougher than anything the demonrats imagined.  It seems the adults are staying with the kids and all together they're staying in government facilities until a judge rules to deport them.

[Cyber Liberty]

I'm glad you said this  @Cyber Liberty   I actually think it's going to be tougher than anything the demonrats imagined.  It seems the adults are staying with the kids and all together they're staying in government facilities until a judge rules to deport them.

We'll have to see how this works in practice.  It's doesn't appear to be the cave that we're afraid of.

[dfwgator]

We'll have to see how this works in practice.  It's doesn't appear to be the cave that we're afraid of.

Ok, I'll rescind a bit, and say, "Trust, but verify."

[Cyber Liberty]

Ok, I'll rescind a bit, and say, "Trust, but verify."

We'll see.  We can tell by the hue and cry raised by the illegal-coddling leftists.

[INVAR]

We'll have to see how this works in practice.  It's doesn't appear to be the cave that we're afraid of.

It's all about the 'appearance of evil'. 

The Left and their Comrades in the media have shouted "JUMP!"

and Trump has jumped per their demands, even if he thinks he is jumping his way.


And killed a pretty good disincentive for parents who think they can sneak into the country with their kids and get all kinds of freebies on our dime just went out the window.

[Formerly Once-Ler]

Mmmmmcompassion

[Cyber Liberty]

It's all about the 'appearance of evil'. 

The Left and their Comrades in the media have shouted "JUMP!"

and Trump has jumped per their demands, even if he thinks he is jumping his way.


And killed a pretty good disincentive for parents who think they can sneak into the country with their kids and get all kinds of freebies on our dime just went out the window.

I'll agree with you if we end up back with catch and release.  Putting them up on military bases is not catch and release.  Let's see how the lefties whine.  The ACLU has already said this is no better, but they're extremists.

[Maj. Bill Martin]

They will officially embrace the 'concentration camp' BS meme now.  He can't win....either way he goes.

He's changed the debate.  It will no longer be "you can't separate children from their parents" but rather "you can't detain people who enter this country illegally".  That is going to be the new argument Democrats have to make.

And that is a much, much better argument for Trump to fight.  Just wait to see how this plays out.  The left did not get what they wanted out of this, which was "catch and release".  What they basically got was a return to a policy that they had previously asked courts to strike down.

[Formerly Once-Ler]

                     SEPARATION

[Formerly Once-Ler]

They fixed the title but the url lives on.  Spell check would have caught that.

[edpc]

By the authority vested in me as President by the Constitution and the laws of the United States of America, including the Immigration and Nationality Act (INA), 8 U.S.C. 1101 et seq., it is hereby ordered as follows:

Section 1.  Policy.  It is the policy of this Administration to rigorously enforce our immigration laws.  Under our laws, the only legal way for an alien to enter this country is at a designated port of entry at an appropriate time.  When an alien enters or attempts to enter the country anywhere else, that alien has committed at least the crime of improper entry and is subject to a fine or imprisonment under section 1325(a) of title 8, United States Code.  This Administration will initiate proceedings to enforce this and other criminal provisions of the INA until and unless Congress directs otherwise.  It is also the policy of this Administration to maintain family unity, including by detaining alien families together where appropriate and consistent with law and available resources.  It is unfortunate that Congress’s failure to act and court orders have put the Administration in the position of separating alien families to effectively enforce the law.

Sec. 2.  Definitions.  For purposes of this order, the following definitions apply:

(a)  “Alien family” means

(i)  any person not a citizen or national of the United States who has not been admitted into, or is not authorized to enter or remain in, the United States, who entered this country with an alien child or alien children at or between designated ports of entry and who was detained; and

(ii)  that person’s alien child or alien children.

(b)  “Alien child” means any person not a citizen or national of the United States who

(i)    has not been admitted into, or is not authorized to enter or remain in, the United States;

(ii)   is under the age of 18; and

(iii)  has a legal parent-child relationship to an alien who entered the United States with the alien child at or between designated ports of entry and who was detained.

 Sec. 3.  Temporary Detention Policy for Families Entering this Country Illegally.  (a)  The Secretary of Homeland Security (Secretary), shall, to the extent permitted by law and subject to the availability of appropriations, maintain custody of alien families during the pendency of any criminal improper entry or immigration proceedings involving their members.

(b)  The Secretary shall not, however, detain an alien family together when there is a concern that detention of an alien child with the child’s alien parent would pose a risk to the child’s welfare.

(c)  The Secretary of Defense shall take all legally available measures to provide to the Secretary, upon request, any existing facilities available for the housing and care of alien families, and shall construct such facilities if necessary and consistent with law.  The Secretary, to the extent permitted by law, shall be responsible for reimbursement for the use of these facilities.

(d)  Heads of executive departments and agencies shall, to the extent consistent with law, make available to the Secretary, for the housing and care of alien families pending court proceedings for improper entry, any facilities that are appropriate for such purposes.  The Secretary, to the extent permitted by law, shall be responsible for reimbursement for the use of these facilities.

(e)  The Attorney General shall promptly file a request with the U.S. District Court for the Central District of California to modify the Settlement Agreement in Flores v. Sessions, CV 85-4544 (“Flores settlement”), in a manner that would permit the Secretary, under present resource constraints, to detain alien families together throughout the pendency of criminal proceedings for improper entry or any removal or other immigration proceedings.

Sec. 4.  Prioritization of Immigration Proceedings Involving Alien Families.  The Attorney General shall, to the extent practicable, prioritize the adjudication of cases involving detained families.

Sec. 5.  General Provisions.  (a)  Nothing in this order shall be construed to impair or otherwise affect:

(i)   the authority granted by law to an executive department or agency, or the head thereof; or

(ii)  the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.

(b)  This order shall be implemented in a manner consistent with applicable law and subject to the availability of appropriations.

(c)  This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

DONALD J. TRUMP

THE WHITE HOUSE,

June 20, 2018.

Too bad they couldn't have gotten John Moschitta to read the EO, especially, Section 5.


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