Now that the hysterical leftists have screamed over the headlines and what they THINK the stories under them said, tossed in about a million suppositions stated as fact, screamed over THEM, and otherwise pitched a blue hissy fit over any and every thing that they could possibly pretend was happening, how about we take a calm, reasoned look at the facts and the other side of the story.
(If you're planning to be "outraged" over the "biased" source, please remember that we started this furor over the blind belief in a story titled "Anguish at the Southwest Border", and piss off.)
Separating Kids at Border: The Truth | National Review
For the longest time, illegal immigration was driven by single males from Mexico. Over the last decade, the flow has shifted to women, children, and family units from Central America. This poses challenges we haven’t confronted before and has made what once were relatively minor wrinkles in the law loom very large.
Oh, look. An actual, reality-based motive for the policy change that the left didn't even bother to look for or consider, because it was so much more fun to just leap wildly to the conclusion that it's "hate", and "racism", and "eeeeeevil".
The Trump administration isn’t changing the rules that pertain to separating an adult from the child. Those remain the same. Separation happens only if officials find that the adult is falsely claiming to be the child’s parent, or is a threat to the child, or is put into criminal proceedings.
So basically, everything the leftists here have based their caterwauling on has been false, either through a complete ignorance of the concept of finding the facts, or through flat-out lying. No one is suddenly "ripping children away from their parents at the border", and we actually ARE talking about adults who are being incarcerated.
It’s the last that is operative here. The past practice had been to give a free pass to an adult who is part of a family unit. The new Trump policy is to prosecute all adults. The idea is to send a signal that we are serious about our laws and to create a deterrent against re-entry. (Illegal entry is a misdemeanor, illegal re-entry a felony.)
Again, no one is doing anything different with the children than they ever have. Children have ALWAYS been placed into some sort of state care when their parents/guardians are taken into custody. The change has been in what happens to the adults. Instead of being allowed to callously and cold-bloodedly use their children as human shields to protect themselves from the consequences of their law-breaking choices, the adults are getting the same results as any other criminal: get arrested, get jailed, get prosecuted.
When a migrant is prosecuted for illegal entry, he or she is taken into custody by the U.S. Marshals. In no circumstance anywhere in the U.S. do the marshals care for the children of people they take into custody. The child is taken into the custody of HHS, who cares for them at temporary shelters.
The criminal proceedings are exceptionally short, assuming there is no aggravating factor such as a prior illegal entity or another crime. The migrants generally plead guilty, and they are then sentenced to time served, typically all in the same day, although practices vary along the border. After this, they are returned to the custody of ICE.
And hey, last time I checked, the Constitution guarantees a right to a speedy trial, and you don't get much frigging speedier than "all in the same day", so yay for respecting rights.
If the adult then wants to go home, in keeping with the expedited order of removal that is issued as a matter of course, it’s relatively simple. The adult should be reunited quickly with his or her child, and the family returned home as a unit. In this scenario, there’s only a very brief separation.
So no more overblown vapors about "terrorizing the children, the trauma!" I sincerely doubt one day in a shelter is wigging them out any more than the process of sneaking across the border did. And once again, the primary responsibility for the mental and emotional well-being of the child belongs to the parent, who decided to drag them along on this whole crazy crime deal in the hopes of using them to protect themselves.
Where it becomes much more of an issue is if the adult files an asylum claim. In that scenario, the adults are almost certainly going to be detained longer than the government is allowed to hold their children.
That’s because of something called the Flores Consent Decree from 1997. It says that unaccompanied children can be held only 20 days. A ruling by the Ninth Circuit extended this 20-day limit to children who come as part of family units. So even if we want to hold a family unit together, we are forbidden from doing so.
Oh, look. Actual laws, on the books long before Trump showed up, which must be and are observed. It's almost like the Trump administration isn't just going off half-cocked and making up "eeeevil" shit on the fly, but actually working within the legal system largely promulgated by YOU LEFTISTS.
The clock ticking on the time the government can hold a child will almost always run out before an asylum claim is settled. The migrant is allowed ten days to seek an attorney, and there may be continuances or other complications.
This creates the choice of either releasing the adults and children together into the country pending the ajudication of the asylum claim, or holding the adults and releasing the children. If the adult is held, HHS places the child with a responsible party in the U.S., ideally a relative (migrants are likely to have family and friends here).
So what it looks like is that the government has been bending over backward to try to accommodate and care for these children being dragged here as law-breaking tools by their parents, only to have the parents use those kids to manipulate the system even further. Kinda makes the new policy look like a reasonable compromise between protecting the kids AND protecting the country, doesn't it?
Even if Flores didn’t exist, the government would be very constrained in how many family units it can accommodate. ICE has only about 3,000 family spaces in shelters. It is also limited in its overall space at the border, which is overwhelmed by the ongoing influx. This means that — whatever the Trump administration would prefer to do — many adults are still swiftly released.
Oh, but why not just release ALL the adults who have brought their handy little human shields along, "for the chirren", you ask? Turns out, the government is actually trying to help the adults while also doing their jobs.
Even if Flores didn’t exist, the government would be very constrained in how many family units it can accommodate. ICE has only about 3,000 family spaces in shelters. It is also limited in its overall space at the border, which is overwhelmed by the ongoing influx. This means that — whatever the Trump administration would prefer to do — many adults are still swiftly released.
And then there's the part that the adults were aiming for the first place, the main reason they brought the kids along to be used.
Second, if an adult is released while the claim is pending, the chances of ever finding that person again once he or she is in the country are dicey, to say the least. It is tantamount to allowing the migrant to live here, no matter what the merits of the case.
So no, I'm going to say the "human cost" of housing kids in a temporary shelter for a whole day, or with relatives or a with a family for longer, when it is THEIR OWN PARENTS who started this and who choose to extend the whole process, is not going to lose me any sleep, particularly when it's the exact same "human cost" that we pay for prosecuting ANYONE for a crime, if that person has happened to procreate prior to breaking the law.
A few points about all this:
1) Family units can go home quickly. The option that both honors our laws and keeps family units together is a swift return home after prosecution. But immigrant advocates hate it because they want the migrants to stay in the United States. How you view this question will depend a lot on how you view the motivation of the migrants (and how seriously you take our laws and our border).
2) There’s a better way to claim asylum. Every indication is that the migrant flow to the United States is discretionary. It nearly dried up at the beginning of the Trump administration when migrants believed that they had no chance of getting into the United States. Now, it is going in earnest again because the message got out that, despite the rhetoric, the policy at the border hasn’t changed. This strongly suggests that the flow overwhelmingly consists of economic migrants who would prefer to live in the United States, rather than victims of persecution in their home country who have no option but to get out.
Even if a migrant does have a credible fear of persecution, there is a legitimate way to pursue that claim, and it does not involve entering the United States illegally. First, such people should make their asylum claim in the first country where they feel safe, i.e., Mexico or some other country they are traversing to get here. Second, if for some reason they are threatened everywhere but the United States, they should show up at a port of entry and make their claim there rather than crossing the border illegally.
3) There is a significant moral cost to not enforcing the border. There is obviously a moral cost to separating a parent from a child and almost everyone would prefer not to do it. But, under current policy and with the current resources, the only practical alternative is letting family units who show up at the border live in the country for the duration. Not only does this make a mockery of our laws, it creates an incentive for people to keep bringing children with them.
Needless to say, children should not be making this journey that is fraught with peril. But there is now a premium on bringing children because of how we have handled these cases. They are considered chits.
So obviously, we are ALREADY caring more about the well-being of these children than their own damned parents do. We are not obligated to "care" even more, to the point where we sacrifice our own country - and our own children who reside in it and who will have to grow up to deal with the aftermath of disastrous immigration policies - for the bleeding hearts of a bunch of people too stupid to find out what they're outraged about before they start screaming.