In reversal, Trump signs executive order to stop family separation

President had been wrongly insisting he had no choice but to separate families apprehended at border

Bowing to pressure from anxious allies, President Donald Trump signed an executive order Wednesday ending the process of separating children from families after they are detained crossing the U.S. border illegally.

It was a dramatic turnaround for Trump, who has been insisting, wrongly, that his administration had no choice but to separate families apprehended at the border because of federal law and a court decision.

The news in recent days has been dominated by searing images of children held in cages at border facilities, as well as audio recordings of young children crying for their parents — images that have sparked fury, question of morality and concern from Republicans about a negative impact on their races in November’s midterm elections.

Until Wednesday, the president, Homeland Security Secretary Kirstjen Nielsen and other officials had repeatedly argued the only way to end the practice was for Congress to pass new legislation, while Democrats said he could do it with his signature alone. That’s what he did on Wednesday.

“We’re going to have strong, very strong borders, but we’re going to keep the families together,” said Trump who said he didn’t like the “sight” or “feeling” of children separated from their parents.

He said his order would not end the “zero-tolerance” policy that criminally prosecutes all adults caught crossing the border illegally. The order aims to keep families together while they are in custody, expedite their cases, and ask the Department of Defence to help house families.

READ MORE: Trudeau, Horgan condemn controversial U.S. child migrant policy

Justice Department lawyers had been working to find a legal workaround for a previous class-action settlement that set policies for the treatment and release of unaccompanied children who are caught at the border.

Still, Trump’s order is likely to create a new set of problems involving length of detention of families, and may spark a fresh court fight.

Also playing a role in his turnaround: First lady Melania Trump. One White House official said Mrs. Trump had been making her opinion known to the president for some time that she felt he needed to do all he could to help families stay together, whether by working with Congress or acting on his own.

Nielsen travelled to Capitol Hill Wednesday afternoon to brief lawmakers. And members on the fence over pending immigration legislation headed to the White House to meet with Trump.

Trump had tweeted earlier Wednesday, “It’s the Democrats fault, they won’t give us the votes needed to pass good immigration legislation. They want open borders, which breeds horrible crime. Republicans want security. But I am working on something – it never ends!”

The administration recently put into place a “zero tolerance” policy in which all unlawful border crossings are referred for prosecution — a process that moves adults to the custody of the U.S. Marshals Service and sends many children to facilities run by the Department of Health and Human Services. Under the Obama administration, such families were usually referred for civil deportation proceedings, not requiring separation.

The policy had led to a spike in family separations in recent weeks, with more than 2,300 minors were separated from their families at the border from May 5 through June 9, according to the Department of Homeland Security.

Two people close to Homeland Security Secretary Nielsen said early Wednesday that she was the driving force behind the plan to keep families together after they are detained crossing the border illegally.

One of the people said Nielsen, who had become the face of the administration’s policy, had little faith that Congress would act to fix the separation issue and felt compelled to act. Nielsen was heckled at a restaurant Tuesday evening and has faced protesters at her home.

But others pushed back on the idea that Homeland Security had led the rollback. One official said it was the Justice Department that generated the legal strategy that is codified in the working executive order, and disputed the notion that Homeland Security was involved in drawing up the document.

Planning at the Justice Department had been underway over the past several days to provide the president with options on the growing crisis, said the official, who, like others, spoke on condition of anonymity to discuss the effort before its official announcement.

The person said Trump called the Justice Department Wednesday morning asking for the draft order. The official did not know what prompted Trump to change course.

The Flores settlement, named for a teenage girl who brought the case in the 1980s, requires the government to release children from custody and to their parents, adult relatives or other caretakers, in order of preference. If those options are exhausted, authorities must find the “least restrictive” setting for the child who arrived without parents.

In 2015, a federal judge in Los Angeles expanded the terms of the settlement, ruling that it applies to children who are caught with their parents as well as to those who come to the U.S. alone. Other recent rulings, upheld on appeal, affirm the children’s rights to a bond hearing and require better conditions at the Border Patrol’s short-term holding facilities.

In 2016, the 9th U.S. Circuit Court of Appeals ruled that child migrants who came to the border with parents and were held in custody must be released. The decision did not state parents must be released. Neither, though, did it require parents to be kept in detention, apart from their children.

The Associated Press

Like us on Facebook and follow us on Twitter

Just Posted

Sooke cannabis report does little to answer production questions

Council is trying to get ahead of the issue

Saanich woman runs marathons to make dreams come true

Hempler gutted her way through 122 kms with minimal breaks, to support Help Fill a Dream Foundation

Tsartlip canoe team pulls for international glory in Australia

Geronimo Canoe Club paddles to Victoria to kick-start fundraising

Average housing prices would have to drop by $413,000 for Victoria to become affordable

Alternatively, salaries need to increase to $134,000 per year, more than double current levels

Victoria Weekender: What’s happening this weekend, June 15-16

Car Free YYJ, a barber battle and an Outdoor Discovery Day

Bombers down B.C. Lions 33-23 in season opener

Former Lion Andrew Harris leads Winnipeg with 148 rushing yards

Northern B.C. family remembers murdered Indigenous woman with memorial walk

Still no closure for Ramona Wilson’s family 25 years later

Monkey spotted on late-night jaunt in Campbell River

Conservation officers also apparently looking for cougar in the area

B.C. university to offer mentorship program for former youth in care

Students using the provincial tuition waiver program will soon be able to form a community at KPU

Cyclists competing in one of the toughest bike races on the planet pass through Fernie

Divide riders looking strong as they finish first leg of 4160 km race

You might not know these B.C. records are public

Hired a lawyer to file a civil claim? Those are published online

B.C. bus driver loses case to get job back after texting while driving full bus

An arbitator ruled that Tim Wesman’s phone usage was a “a reckless disregard for public safety”

Revamped B.C. Lions set to battle veteran Winnipeg Blue Bombers

The Lions’ first test of the season will be a big one

Most Read