Sen. Schumer on family separation policy:
"With the simple flick of the pen, a simple flick of the pen the president can end this policy. If the president wants to borrow my pen, he can have it. But he can do it quickly and easily if he wants to, it's on his back." pic.twitter.com/u8t8R7hhvO
— MSNBC (@MSNBC) June 20, 2018
Sen. Cornyn an hour ago: "What was not encouraging was Sen. Schumer’s mischaracterization of the president’s ability to somehow fix this with a flick of a pen. He cannot. It’s going to require Congress to act.” https://t.co/fv6ZHTsfd8
— Burgess Everett (@burgessev) June 20, 2018
On Wednesday President Trump signed an Executive Order titled “Affording Congress an Opportunity to Address Family Separation.”
The Break Down
Policy- To rigorously enforce our immigration laws. Section 1325(a) title 8, United States Code (Cornell Law)
Definitions- Alien Family
- (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
- has not been admitted into, or is not authorized to enter or remain in, the United States;
- is under the age of 18; and
- 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.
Temporary Detention Policy for Families Entering this Country Illegally (summary below exact text found at linked EO @ White House. gov)
A) As permitted by law, subject to availability of appropriations, “maintain custody of alien families during the pendency of any criminal improper entry or immigration proceedings involving their members.”
B) DHS shall not detain an “alien family,” together if it puts the child at risk.
C) The Secretary of Defense is to provide legal facilities, construction of facilities at the request of DHS, and DHS as premitted by law is responsible to reimburse Defense for the use of these facilities.
D) Heads of executive departments shall also provide DHS with legal facilities to house the “alien family,” and DHS is responsible to reimburse said agencies.
*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.
Prioritization of Immigration Proceedings Involving Alien Families.
The Attorney General is instructed to when possible to “prioritize the adjudication of cases involving detained families.”
This order shall not be constructed to impair or otherwise limit, the authority granted by law to the executive department or agency, the functions of the Director of the Office of Management and Budget. This order shall be implemented by applicable law and subject to availability of appropriations. This order does not create rights or benefits.
BREAKING: Partially reversing new policy, President Trump signs executive order to keep families together at US-Mexico border, but says "zero tolerance" prosecution for people who enter illegally will continue. pic.twitter.com/5XGV72Jiq4
— MSNBC (@MSNBC) June 20, 2018
From the MSNBC Clip
“I didn’t like the sight or feeling of seeing families torn apart,”
“Step by step just like we dealt with North Korea, we dealt with Iran, we dealt with an economy that was heading in the wrong directon.”
“We are going to keep the families together, at the same time we are keeping a very powerful border and it continues to be a zero tolerance.”
*E is the full text of the order as seen on Whitehouse.gov