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Are you sure about that? We'll see how it plays out.
Separating the families started when in early May the DOJ started prosecuting people for first offenses of entering the country, which is a misdemeanor. Prior to the announcement of that policy, first offenders' cases were handled administratively and they were allowed to go and were told to show up for adjudication at a later time, i.e., catch and release. That was done in part because prior administrations did not want to separate families.
Now that Trump has very publicly backed off from separating families, the issue remains of what to do with the people accused of the misdemeanor of entering the country illegally. Trump's hand has been forced with regard to separation and he's now in the same position as his predecessors. If you want to prosecute these people in the federal courts, but you don't want to separate them, what do you do?
Before the zero tolerance policy it was "catch and release", illegal alien law breakers were caught, not arrested, and released into the US. The real, true consequences of breaking through law, entering the country illegally, were not being applied. This zero tolerance policy came out and said we're going to uphold the law and consequences, getting arrested, which leads to being separated. Now Trump is saying we're going arrested you, bit keep you together, but still uphold the law and deport you. The "catch and release" is gone.
The catch and release policy is conveniently not being discussed.
Before the zero tolerance policy it was "catch and release", illegal alien law breakers were caught, not arrested, and released into the US. The real, true consequences of breaking through law, entering the country illegally, were not being applied. This zero tolerance policy came out and said we're going to uphold the law and consequences, getting arrested, which leads to being separated. Now Trump is saying we're going arrested you, bit keep you together, but still uphold the law and deport you. The "catch and release" is gone.
The catch and release policy is conveniently not being discussed.
Probably due to not separating families and deporting them together is not an inhumane behavior in this day and age.
What the judge said was, process the kids quickly , that is what expedite means. It does NOT require a family is split up, that is a CHOICE made by Trump's admin.
It is easy, if the judge required cases involving minors are expedited then all they need to do is expedite the entire family.
Calm your behind down.
You're extending the judge's order because of what *you* want, without regard to whether or not it is possible with the available resources. You can expedite some cases by putting them in front of opther cases but to "expedite" many cases simply requires more resources. Explain why the Dems dismissed and rejected Cruz' proposal that would have doubled the number of judges and expedited cases to 14 days?
In any event, the EO is issued. If it is as you say, that there is no law preventing the govt from detaining families together until their cases are heard, then there will be no legal basis to fight the EO. Let's just wait and see. When a liberal judge issues an injunction against this EO, it will prove Trump was right in that he was legally barred from keeping them together.
Now that the liberals have said 1000 times over how immoral it is to separate families, Trump may have the moral ground to tell any judge issuing such an injunction to go take a hike. But more likely, I predict that any injunction against the EO will go straight to SCOTUS as a matter requiring immediate resolution.
Sure it does. When illegals are arrested, what happens to the kids? It gives the legal background of why we are dealing with this when it is meshed with the zero tolerance policy.
My question is if the zero tolerance policy based on the law? Are those apprehended supposed to be arrested? If so, then Trump is on solid ground here.
Prior admins let them go informally - but was that based on the laws in place?
Quote:
Originally Posted by max210
Before the zero tolerance policy it was "catch and release", illegal alien law breakers were caught, not arrested, and released into the US. The real, true consequences of breaking through law, entering the country illegally, were not being applied. This zero tolerance policy came out and said we're going to uphold the law and consequences, getting arrested, which leads to being separated. Now Trump is saying we're going arrested you, bit keep you together, but still uphold the law and deport you. The "catch and release" is gone.
The catch and release policy is conveniently not being discussed.
Part of the reason for "catch and release" is that prior administrations did not want to separate families. If you criminally prosecute people for misdemeanor entry into the country, you have to hold them, transport them to court, adjudicate them, etc. The question of what to do with their children in those circumstances is one that previous administrations have tried to figure out. Up until May of this year, people were administratively released and ordered to appear at a later date for adjudication.
In May, the DOJ abandoned "catch and release" and started prosecuting those misdemeanor cases, which resulted in the accused being separated from their children. Now that Trump has backed off of family separation, he is faced with the same dilemma of what to do with the kids while their parents are being taken into court.
Do you see the issue? As others have said, when you're arrested and taken into custody, your kids don't go with you. Are they going to continue to arrest these people and take them into custody? If so, what kind and where? The Trump administration is back at square one. If you're going to prosecute these people criminally rather than administratively, what are you going to do with the children?
I predict that they'll reinstate some sort of "catch and release" policy, but they'll call it something else.
One thing I can guarantee is that no one in the Trump administration has spent any time trying to figure this out. It's not an easy issue and the Trump administration is very light on brain power.
You're misreading the Flores decision. But even if you weren't and Flores mandated that children be separated from their parents, how is it that Trump can now reverse it with an executive order?
You'll find out in the coming days when your fellow liberals use it to block the EO.
This move was needed. It however totally debunks what the administration had been saying about the process. It was not law. Congress did not create the situation and was not the only option to stop it. Trump started the enforcement of this and always had the power to end it and come up with other alternatives. Yet again more lies and misplaced blame by Trump and company.
It only debunks it if the EO stands. If the courts block the EO it validates what he has been saying.
None of that mandated that children be separated from parents. It talks about the level of care necessary for unaccompanied minors and the efforts that INS should make to return children to parents and relatives.
In that case, it won't be the basis of lawsuits to block the EO, right?
It only debunks it if the EO stands. If the courts block the EO it validates what he has been saying.
Considering the fact that Congress was in the process of forcing the issue, Trump pretty much had to sign this EO and the courts are not going to tell them they have to take kids from their parents and put them in holding cells, that's for sure.
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