I thought of all of these things (and many others, but this is just a blog post!) as I have read over the past several days about the horror stories of the U.S. government separating parents from their children upon a family's arrival at the border as undocumented immigrants. This is part of a "zero tolerance" policy implemented last month by the Trump administration. The Washington Post has a nicely detailed article that tries to summarize what's going on.
But none of these legal developments requires the Trump administration to separate children from their families. Instead, separations are rising in large part because of a “zero tolerance” policy implemented by Attorney General Jeff Sessions. In April, Sessions directed prosecutors to charge as many illegal entry offenses as possible.
Devin O’Malley, a Justice Department spokesman, said in the May 29 briefing that people charged with these offenses often are sentenced to time served and transferred to the Department of Homeland Security for deportation.
So, on one hand, the Flores settlement and the TVPRA require that children be released. On the other, Sessions’s zero-tolerance policy subjects any accompanying parents to criminal prosecution and eventual deportation.
Laying this on Democrats does not track with reality. The TVPRA was signed by Bush, and the Flores settlement is a court-approved agreement, not a law. Nothing required the Trump administration to separate children from their families until Sessions’s zero-tolerance policy made it a practical necessity.And this is only part of the story. The Migration Policy Institute in Washington, DC, just today announced that they are going to be having a seminar on 12 June to discuss a forthcoming rule change by the Trump administration that could allow an immigrant to be deported for using government benefits like food stamps, even though they are legally entitled to those benefits. The bad old days aren't gone yet.