SOURCE:
HOTAIRURL:
https://hotair.com/archives/2018/06/20/kamala-harris-detaining-illegal-families-together-also-unacceptable/by AllahPundit
Child separation was bad policy but ultimately a red herring. It’s always been about open borders.
This Executive Order doesn’t fix the crisis. Indefinitely detaining children with their families in camps is inhumane and will not make us safe.
— Kamala Harris (@SenKamalaHarris) June 20, 2018
How soft do you have to be on immigration to piss off Marco Rubio? Now we know:
The ink isn’t even dry on the new executive order ending separation policy & some Democrats already arguing that keeping families together isn’t enough. Now they want them & their parents released after unlawful entry knowing full well that high % will never appear for hearing
— Marco Rubio (@marcorubio) June 20, 2018
Catch-and-release, now and forever. For background on the legal nuts and bolts here, I’d direct you to — wait for it — Vox. (Really. Their immigration reporter, Dara Lind, knows her stuff.) Trump’s caught in a bind on detaining families of illegals: Because of the Ninth Circuit’s ruling in Flores v. Reno and subsequent cases, the feds can hold adults indefinitely but children must be transferred out of DHS custody within 20 days. If you insist on keeping families together then the whole unit needs to go free, just like Kamala Harris wants. Catch-and-release. By separating children from parents, Trump could keep both groups detained — parents stay with law enforcement, kids head over to shelters provided by HHS. But now that the separation policy has been undone via executive order, if POTUS insists on keeping families together then, well…
Second, this is the key provision: The 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.
— David French (@DavidAFrench) June 20, 2018
“The extent permitted by law†is Flores. In other words, DHS can hold families for 20 days. Then they’re out, according to Trump’s own order. (Gabe Malor agrees with French’s reading.) The obvious solution is to override Flores. Congress could pass a law extending the time for family detention or DHS could issue new regulations or, of course, the Ninth Circuit could overrule Flores itself. The only viable option of those three, it seems, are new DHS regulations — but that’ll take time, as Lind notes, and they’ll be attacked ferociously in court. How hard would it be for amnesty fans to find a federal judge willing to rule that family detention for, say, three months is a violation of due process?
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