6/18/18 CNN:
Cillizza: Prior to Donald Trump taking over as President, what was the policy toward undocumented immigrants entering the country with small children?
Meissner: Before the Trump administration's zero-tolerance policy, families arriving at the border without authorization to enter but claiming a credible fear if returned home were permitted to enter to apply for asylum. Whether or not they were detained while applying for asylum depended on a series of court rulings and legislation, in addition to the availability of detention bed space.
A 1997 court settlement agreed to by the US government in a case called Flores v. Reno, which remains in effect today, requires the government to release children from immigration detention without unnecessary delay to, in order of preference, parents, other adult relatives or licensed programs willing to accept custody. If children cannot be released, Flores requires the government to hold them in the "least restrictive" setting available. The 2008 Trafficking Victims Protection Reauthorization Act, signed by President George W. Bush, codified parts of the settlement into federal law.
In 2015, a federal judge in California ruled that the Flores requirements apply not only to unaccompanied minors but also to children apprehended with their parents, meaning that all minors must be released from detention if possible. The judge also ordered the Department of Homeland Security to release parents detained along with their children. An appeals court in 2016 affirmed that Flores applied to all children but reversed the ruling that parents should be released as well.
Amid a surge in family flows, there were not enough detention beds available to hold families even for the 20 days allowed under the court settlement, causing many to be released. The family detention system currently has capacity to hold just 2,700 people at a time -- resulting in the "catch and release" that President Trump railed against in his election campaign and since.
So separating the kids was not a Trump-created policy. To the left, it was fine when a Democratic Administration did it.
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