Trump’s Executive Order on Separation of Migrant Families

In my opinion, an Executive Order was unnecessary.  Attorney General Jeff Sessions initiated the policy to separate migrant children from parents, and that policy could have been revoked without an Executive Order.  The Executive Order, titled “Affording Congress an Opportunity to Address Family Separation”,  gave Trump opportunity to place blame and point fingers.  There is verbiage in it that still allows for the separation of families.  It says;

“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 sounds almost like a restaurant’s seating policy.  Some in media are already saying that available resources will be exhausted in a week.

Here’s the full text, or you can read it at Whitehouse.gov

Affording Congress an Opportunity to Address Family Separation

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 1Policy.  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. 2Definitions.  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. 4Prioritization of Immigration Proceedings Involving Alien Families.  The Attorney General shall, to the extent practicable, prioritize the adjudication of cases involving detained families.

Sec. 5General 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.

Posted on 06/20/2018, in politics and tagged , , , . Bookmark the permalink. 12 Comments.

  1. Two sides to a story

    Typical behavior of anyone with toxic NPD. Create an unnecessary crisis to stir up chaos, then rush in as the big hero or heroine and “fix” it. Having this play out as crimes against humanity on a national and international stage, and with a Congress who refuses to act against the perpetrator, is truly frightening.

    Like

    • Two sides,
      You make an excellent point; those with NPD create crisis and then try to play the role of hero for things or their own creation.

      Like

  2. this is just another game to trump. the EO does nothing really except expand the govts ability to detain, this time entire families for however long they wish.

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  3. Liked by 1 person

  4. It’s still a problem. . .

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    • Carol, yes it is. I think we’re only beginning to see the tip of the iceberg. It wouldn’t surprise me if Congress called for an investigation into the DHHS for all of their records of children placed under their authority. They might find that some are in the process of being adopted.

      Liked by 1 person

      • crustyolemothman

        Dear Xena,

        I on the other hand would be rather shocked to find out that congress called for hearing into this problem, as the GOPTP is marching to the orders of the King, who will not allow them to question his authority! Just as a little side note, it was announced that King Donnie has cancelled the congressional picnic, note, this was done by the King not by the leadership of congress. Can you imagine how many hearings would have been called for had President Obama done such a thing? How and why do they allow the executive branch to dictate to the legislative branch as to what the do and don’t do? I suppose he cleared that with his vice-king Putin…

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        • Mothman,
          Your comment reminded me of how Trump debated during the primary campaign. He demeaned the other GOP candidates so badly, that I think they all shrink at the thought of being bullied. Trump doesn’t mind using public ridicule on Twitter. It’s a good thing that those he bully don’t reduce themselves to his level, but a bad thing when they do not speak up and speak out about his dictatorship when it concerns policies and laws.

          Like

  5. Like

  6. crustyolemothman

    Dear Xena,

    This EO as could be expected from anything from the throne of the King, actually does not solve anything. All it does, more or less is state that they will adhere to the prior court order for the required number of days of child custody (20 days), and then it can no longer guarantee that the child will remain with the parent. Nor does it address the reuniting of the stolen children with their parents. This is the typical ploy by which they offer a carrot that is attached to a string that is moved each time the rabbit gets close. I do question how King Donnie can authorize the use of military judges to handle the cases of these non military offenders? I suppose I need to do the research and see if that is even legal to do, but what would it matter as the King has decreed that it be so, and by golly our congress will not stand up and say no to him…

    This ordeal for these minor children is far from over and I really expect we will hear many actual horror stories before the end of the King Donnie regime is! I might note that one good thing for the King that this problem has brought about, it has taken the eyes of the nation off the Mueller investigation, and I suspect that had some bearing on why it came about to begin with!!

    Like

    • Mothman,
      The more Trump does, the more I think of him as an addictive abuser who uses the United States as his enabler to continue his abuse. His behavior is the same as that described by many professional counselors. He never says he is sorry. He blames others for his ugly and abusive behavior, and when he feels the woman is about to kick him out, he says he will change. He doesn’t give specifics and hopes that the woman will fill-in the blanks with speculation that he can later say that he never said.

      Print media still reports on Cohen and what Mueller is doing in terms of requesting subpoenas and such, but unless one follows print media or Twitter, they would not know it now. Cable media such as CNN and MSNBC is mostly focused on the child abduction under color and claim of official right.

      Like

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