Trump reverses family separation rule
Furor over children seized at border prompts turnaround
WASHINGTON — Bowing to pressure from anxious allies, U.S. President Donald Trump abruptly reversed himself Wednesday and signed an executive order halting his administration’s policy of separating children from their parents when they are detained illegally crossing the U.S. border.
It was a dramatic turnaround for Trump, who had been insisting that his administration had no choice but to separate families apprehended at the border because of federal law and a court decision.
The order does not end the “zero-tolerance” policy that criminally prosecutes all adults caught crossing the border illegally. But, at least for the next few weeks, it would keep families together while they are in custody, expedite their cases and ask the Defence Department to help house them. It also doesn’t change anything yet for the 2,300 children taken from their families since the policy was put into place.
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, questions 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 Trump could do it with his signature alone. That’s just what he did. “We’re going to have strong, very strong borders, but we’re going to keep the families together,” said Trump, who added that he didn’t like the “sight” or “feeling” of children separated from their parents.
Under a previous class-action settlement that set policies for the treatment and release of minors caught at the border, families can be detained for a maximum of 20 days. A senior Justice Department official said that hasn’t changed.
“This is a stopgap measure,” said Gene Hamilton, counsel to the attorney general. Justice lawyers were planning to file a challenge to the agreement, known as the Flores settlement, asking that a judge allow for the detention of families until criminal and removal proceedings are completed.
It’s unclear what will happen if no changes to law or the settlement take place by the time families reach detainment deadlines. The language leaves room to separate children from parents if it’s best for the child’s welfare.
The Alabama-based Southern Poverty Law Center said the order didn’t go nearly far enough.
“The administration still plans to criminalize families — including children — by holding them in prison-like detention facilities. There are workable alternatives,” president Richard Cohen said in a statement.
It’s also unclear what will happen to the children already separated. Health and Human Services Secretary Alex Azar said his department will start reuniting detained immigrant children with their parents — but he made no commitment on how quickly that can be accomplished. Officials said the cases of the children already separated and turned over to their custody would proceed as usual.
Trump’s family apparently played a role in his turnaround.
A White House official said first lady Melania 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. And daughter Ivanka Trump tweeted, “Thank you @POTUS for taking critical action ending family separation at our border.”
Homeland Security Secretary Nielsen briefed lawmakers on Capitol Hill Wednesday, and those on the fence over pending immigration legislation headed to the White House to meet with Trump. Assessments for possible detention facilities at military bases have already been done in Texas and another is expected in Arkansas today.
On Wednesday night, Trump returned to the warm embrace of his supporters at a raucous rally in Duluth, Minnesota, to defend his immigration policies while unleashing a torrent of grievances about the media and those investigating him.
Trump denounced his political opponents and those who make unauthorized border crossings, suggesting that the money used to care for those immigrants could be better spent on rural communities and inner cities in the U.S.
“Democrats put illegal immigrants before they put American citizens. What the hell is going on?” asked Trump, prompting the crowd to chant: “Build the wall!”
He invoked his campaign kickoff speech, held three years ago this week, in which he declared that Mexico “wasn’t sending their best” in terms of migrants crossing into the U.S.
That wasn’t the only throwback moment at the rally, featuring a packed arena festooned with American flags and 8,000 people responding in chants to many of Trump’s cues.
They responded with a “Lock her up!” chant when Trump railed about the FBI and former Secretary of State Hillary Clinton.