Deepak Gupta lays out the argument between ACLU lawyers and the DOJ.
This enables you to figure out what Sarah Sanders is saying. Sort of.
Unaccompanied children must be protected under the Trafficking Victims Protection Act. Deportation (removal) is a civil proceeding. But prosecutors can decide instead to indict for unlawful entry. How to "enforce the law" is a choice.
In a steep departure from practice the Trump administration announced on April 6 its policy of "zero tolerance". Every illegal entrant will be criminally prosecuted and subjected to punishment, not simply removed (deported). Since the accompanying parent is now charged with a crime - not the child - the mother or father is jailed and the child detained.
Today's Executive Order continues zero tolerance and treatment as criminal any entry at other than certain designated points on the 2,000 mile boarder. Pending trial the U.S. will detain both adult migrants and their children. This will doubtless lead to long confinements barred by an outstanding federal court order. - the 1997 Flores Agreement. The Order directs the Department of Justice to seek modification of the Agreement to permit prolonged detention of children during the criminal prosecution of their parent(s).
- gwc
This enables you to figure out what Sarah Sanders is saying. Sort of.
Unaccompanied children must be protected under the Trafficking Victims Protection Act. Deportation (removal) is a civil proceeding. But prosecutors can decide instead to indict for unlawful entry. How to "enforce the law" is a choice.
In a steep departure from practice the Trump administration announced on April 6 its policy of "zero tolerance". Every illegal entrant will be criminally prosecuted and subjected to punishment, not simply removed (deported). Since the accompanying parent is now charged with a crime - not the child - the mother or father is jailed and the child detained.
Today's Executive Order continues zero tolerance and treatment as criminal any entry at other than certain designated points on the 2,000 mile boarder. Pending trial the U.S. will detain both adult migrants and their children. This will doubtless lead to long confinements barred by an outstanding federal court order. - the 1997 Flores Agreement. The Order directs the Department of Justice to seek modification of the Agreement to permit prolonged detention of children during the criminal prosecution of their parent(s).
- gwc
Yes, the Trump Admin is really arguing in court that it's *required* to separate children--even though nobody read the law that way until now. The argument is all sophistry & wordplay: minors are unaccompanied (and hence trigger the TVPRA) when the gov't forcibly renders them so. https://t.co/P0t9PYqOBK— Deepak Gupta (@deepakguptalaw) June 20, 2018
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