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Stung by the uproar caused by pictures of immigrant children separated from their parents by Federal authorities at the border and detained in gulag-like conditions, President Trump today pretended to walk back the “zero tolerance” policy announced by Attorney General (and part-time garden gnome) Jeff Sessions two months ago. Of course, this Executive Order is as credible as a degree from Trump University. There are two major loopholes that make the claim this EO will end the practice of family separation as certain as Trump’s promise to release his tax returns. For one, the Border Patrol has nowhere near the “available resources” to house the large number of families apprehended and detained; and two, the Flores settlement, a court order prohibiting the detention of children by immigration and border authorities for more than 20 days, means children detained with parents apprehended entering the country illegally and charged with misdemeanor illegal entry under Administration’s zero tolerance policy will be separated from their parents who are still awaiting a court appearance after twenty days. Several challenges to the court’s ruling in the past two decades have been unsuccessful, so having Flores amended does not seem likely.

So, while Trump congratulated himself on his compassion for the children, his Executive Order was, in the parlance of some of my favorite politicians, a “big nothing-burger”. I would expect nothing more from Trump than self-aggrandizement for a hollow gesture.

Affording Congress an Opportunity to Address Family Separation

Issued on: June 20, 2018

By the authority vested in me as President by the Constitution and the laws of the United States of America, including the Immigration and Nationality Act (INA), 8 U.S.C. 1101 et seq., it is hereby ordered as follows:

Section 1. Policy. It is the policy of this Administration to rigorously enforce our immigration laws. Under our laws, the only legal way for an alien to enter this country is at a designated port of entry at an appropriate time. When an alien enters or attempts to enter the country anywhere else, that alien has committed at least the crime of improper entry and is subject to a fine or imprisonment under section 1325(a) of title 8, United States Code. This Administration will initiate proceedings to enforce this and other criminal provisions of the INA until and unless Congress directs otherwise. It is also the policy of this Administration to maintain family unity, including by detaining alien families together where appropriate and consistent with law and available resources [Emphasis Added]. It is unfortunate that Congress's failure to act and court orders have put the Administration in the position of separating alien families to effectively enforce the law.

Sec. 2. Definitions. For purposes of this order, the following definitions apply:

(a) “Alien family” means

(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” means any person not a citizen or national of the United States who

(i) has not been admitted into, or is not authorized to enter or remain in, the United States;

(ii) is under the age of 18; and

(iii) 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.

 Sec. 3. Temporary Detention Policy for Families Entering this Country Illegally.

(a) The Secretary of Homeland Security (Secretary), shall, to the extent permitted by law and subject to the availability of appropriations, maintain custody of alien families during the pendency of any criminal improper entry or immigration proceedings involving their members.

(b) The Secretary shall not, however, detain an alien family together when there is a concern that detention of an alien child with the child’s alien parent would pose a risk to the child’s welfare.

(c) The Secretary of Defense shall take all legally available measures to provide to the Secretary, upon request, any existing facilities available for the housing and care of alien families, and shall construct such facilities if necessary and consistent with law. The Secretary, to the extent permitted by law, shall be responsible for reimbursement for the use of these facilities.

(d) Heads of executive departments and agencies shall, to the extent consistent with law, make available to the Secretary, for the housing and care of alien families pending court proceedings for improper entry, any facilities that are appropriate for such purposes. The Secretary, to the extent permitted by law, shall be responsible for reimbursement for the use of these facilities.

(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

Sec. 4. Prioritization of Immigration Proceedings Involving Alien Families. The Attorney General shall, to the extent practicable, prioritize the adjudication of cases involving detained families.

Sec. 5. General Provisions.

(a) Nothing in this order shall be construed to impair or otherwise affect:

(i) the authority granted by law to an executive department or agency, or the head thereof; or

(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.

(b) This order shall be implemented in a manner consistent with applicable law and subject to the availability of appropriations.

(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

DONALD J. TRUMP

THE WHITE HOUSE,

June 20, 2018.

There are times we need to look behind the curtain to see who’s pulling the levers. According to CBS’ MoneywWatch site, the private-prison industry has done very well since Trump took office.

“It's a remarkable turnaround for an industry that less than two years ago was on track to be phased out from use by the federal government, which at the time cited declining prison populations and reforms for its decision. A month after President Trump was inaugurated, the Justice Department backtracked and said it would continue to use private prisons… Since President Trump initiated a crackdown on illegal immigrants, the surge in arrests by the Immigration and Customs Enforcement (ICE) has also proved to be a boon for private-prison giants CoreCivic (CXW) and The Geo Group (GEO)”.

Corey Lewandowski, Trump’s former campaign manager who reportedly is in regular contact with the President, is rumored to have ties to GEO... Why am I not surprised that the whiff of corruption is wafting up from this latest brouhaha? It is omnipresent in an Administration that counts Wilbur Ross, Scott Pruitt and the Trump organized crime family as members. To believe that Trump is keeping a campaign promise by taking a hardline on immigration is to not pull the curtain back far enough.

Of course, he does enjoy playing the part of a tough guy and revving up the mob at his rallies but, afterall, a grifter’s got to grift.