Judge Rejects Long Detentions of Migrant Families, Dealing Trump Another Setback

Jul 09, 2018 · 184 comments
John CG (US)
A real Chinese judge will impose the death penalty on the border crosser parents separating the children forever. This is your spoiled American trashed to the ground messed up abomination. A true Chinese is too ambitious to allow Mexicans to tarnish a beautiful market USA.
Maureen (New York)
One reason so many are crossing our boarders at this point is the fact that so many previous “undocumented” have been able to successfully enter the US. These people have smart phones too. When one manages to get released into the US general population, an entire community at “home” becomes aware of this fact and are also motivated to try as well.
Kelly (Columbus, Ohio)
It would be nice, in order to put this "Let's all trade-up from a 3rd World country to a 1st World country" story in perspective, if the N.Y. Times reporters would include examples as to how exactly this same situation is being handled by other 1st World nations who are on the receiving end of uninvited guests.
Edward Allen (Spokane Valley)
Every official who signed off on this policy belongs in jail for child endagerment and kidnaping, from the guards to the cabinet secretaries to the president.
Robert Kulanda (Chicago,Illinois)
This is a great article. It points out many things. However, the most important of all is the fact, that no one, not even Donald Trump or Jeff Sessions are above the law. Getting into the real impact that these actions have on the lives of. real people, is important. There is clearly no moral, ethical, legal, political or theological justification for what happened to these children, who were separated from their mothers, deceived and carted away, in the dead of night, to cities, across America. The fact that the leaders of these cities like New York and Chicago, were never even informed of this fact, is a violation of state’s rights. Sadly, this is why sanctuary cities were created, to protect people from unlawful separation and detention. If Trump and Sessions don’t like the idea of “sanctuary cities”, they foolishly gave their political opponents justification for creating them. Although this policy dates back to the first Bush presidency, no leader, sought to enforce it, in such a thoughtless manner. As the grandson of an immigrant, I do not recall hearing of such blatant human rights atrocities. Technically, my grandmother, would be considered a “political refugee”, seeking asylum and persecution, from Mussolini and Hitler. As she told it, times were tough. People weren’t always accepting, but she assimilated and found common ground, with others, who simply wanted to work and have a roof over their head. The last I checked, this is still the case for all people.
Rodrian Roadeye (Pottsville,PA)
It costs money to hold them for any length of time. OUR MONEY! This is nuts. CHARGE THEM!
Margo (Atlanta)
What are the statistics on catch and release anyway? How much do those ankle brackets cost per person per day? How many are removed? Who pays? How do these people live on catch and release? Where are they allowed to live?
cynic2 (Missouri)
The word "immoral" does not even begin to describe the acts Trump has ordered and imposed. Trump and the highest-level officials involved should be personally charged with mass felony kidnapping of immigrant children, and misusing governmental agencies to carry out criminal acts against children.
TMM (Boulder, CO)
Thank you Judge Dolly Gee! Yours is a voice of reason and perspective, in addition to simple compassion. Judge Gee witnessed first hand, the discrimination, intolerance and lack of opportunity her Chinese-immigrant mother faced here in the U.S. Trump. Sessions and Nielsen decide they can gain political advantage by waging a Zero Tolerance war against the most vulnerable - refugees/parents escaping violence and persecution, bringing their children with them - only to end up facing imprisonment, persecution and prosecution here, in the 'land of the free.' Here we have President Trump arguing refugees seeking asylum, AND their children, should be detained indefinitely. As Judge Dolly Gee aptly states: “Regardless, what is certain is that the children who are the beneficiaries of the Flores Agreement’s protections and who are now in Defendants’ custody are blameless. They are subject to the decisions made by adults over whom they have no control.”
Footprint (Queens)
As a matter of common sense, it should be obvious that this administration, and all those who support them, are committing crimes against humanity. I am not an attorney. I am a human being who, like millions of others, sees what is right in front of us. We are not blinded by a need to excuse the cruel, inhumane, and terrorist behaviors of this delusional president and his supporters as anything other than what it is.
TCoyote (On the Prairie)
The critical problem is when justice, law-enforcement, and especially the military shift their discretionary power to serve the raise of discrimination, abuse, and finally an authoritarian regime.
TCoyote (On the Prairie)
Did you see on the news the case of a US citizen wearing a Puerto Rican t-shirt been verbally abused by a white man with a police officer nearby just ignoring the situation? Lucky for female victim other police officers arrived and detained the abuser. Discretionary power taking place ...
Emma Jane (Joshua Tree)
Most of these 'refugees' now seeking 'asylum' are doing so to escape extreme violence in their native countries.
Edward Allen (Spokane Valley)
Why did you put refugees in scare quotes? That's literally the definition of refugee. We have a moral duty to help all refugees, aka, people fleeing violence in their birth country.
JimL (Los Angeles, CA)
Trump has been compared to Hitler and his Republican administration to Nazis. This is unfair to Nazis. The Nazis were superb record keepers, who would have easily and efficiently reunited migrant children with their detained parents. Trump is less Hitler and more ringmaster to a clown car administration chock full of bungling incompetents.
Duncan Lennox (Canada)
July 8 2018 . records posted by the Department of Labor on Thursday reveal that Trump’s Mar-a-Lago Club is seeking permission to hire 40 foreign workers to serve as waiters and waitresses for the winter season. As Trump rails against immigrants and falsely accuses them of stealing jobs from U.S. citizens, his private golf club in Florida is asking the government to approve a request to hire 40 more foreign workers, new filings show july 5 2016 If approved, the workers would be employed from October through May at a rate of $12.68 an hour. According to Buzzfeed, which first reported on the filings, Trump’s businesses “have sought to hire more than 480 foreign guest workers, including more than 240 for Mar-a-Lago” since the start of his presidential campaign in June 2015. America , you have elected , sort of , a mentally ill conman & he is being abetted by his swamp creature cabinet & the GOP. Where are the patriots ? Why isn`t there a million person march in DC every weekend shaking the gates of the WH off their hinges & visiting the offices of the abettors ? WHY ?
William Ripskull (Ohio)
Trump has never had a problem with LEGAL immigration... nor have most of his supporters. Just like he never said that ALL immigrants are rapists and murderers. You need to reach beyond the "fake news", destroy-Trump media to find out the real truth.
William Ripskull (Ohio)
And I used to ask the exact same questions about Obama. Why aren't mobs descending on Washington to ride him out on a rail? Trump is doing exactly what he said he was going to do. Obama did almost nothing he said he was going to do. Talk about a con-man. Where were the patriots? They were voting Democrats out of office in the House, the Senate, and governorships across the nation, not to mention many others at the state level.
Yvette (Fort Lee)
Then why are children being separated from their families in cases where they are seeking asylum, which is a LEGAL process?
William Case (United States)
Judge Dolly Gee’s 2015 ruling that accompanied children cannot be held in custody with their parents is the reason children were separated from their parents, not the Trump’s administration’s “Zero Tolerance Policy,” which replaced the Obama’s administration’s “Catch and Release Policy.” In his ruling, Judge Dana Sabraw noted that “many of the family separations have been the result of the Executive Branch’s zero tolerance policy, but the record also reflects that the practice of family separation was occurring before the zero tolerance policy was announced, and that practice has resulted in the casual, if not deliberate, separation of families that lawfully present at the port of entry, not just those who cross into the country illegally.”
Christopher (San Francisco)
Of course, William. We're all very aware that since January, 2017, absolutely nothing has occurred which is the fault of the inept, incompetent, fraud artist Russian puppet residing in the White House.
Al (Idaho)
Exactly Christopher. Just like before 2017 everything was absolutely perfect. The environment, immigration, the economy, the air, all perfect under st Obama. And people wonder why the country hasn't gotten anything useful done in 30 years.
William Case (United States)
Your comment is off topic. The topic is the court-ordered separation of migrant children from their parents.
Anita (Richmond)
These are the kinds of articles and decisions that make people who would never dream of voting for Trump vote for Trump. The GOP loves this stuff!
Paul (San Mateo)
I’m so confused! 1. Are these migrant families or asylum seekers? Do they try to sneak across the border or do they apply to enter the US under a proper legal channel? If they are pursuing a legal path to entry, why isn’t that reflected in the article or the quotes by the experts? 2. ICE has only been around since 2001. Who did this work before them? Did the creation of ICE really just rename an existing org? Or did ICE hire new people? What does the old/prior org do now?
Laura (Vancouver, Canada)
Also really interested in the answers to these questions as a lot of these terms seem to be used interchangeably, when they clearly are not interchangeable.
CC (MA)
Because catch and release always works so well. Don't allow these families to enter the US, period. They can make their asylum 'claims' from within Mexico or their home countries.
Olenska (New England)
People who apply for political asylum are not “illegal immigrants.” This is a clear distinction that seems to elude the average Fox viewer.
Olenska (New England)
No. Under U.S. law, claims for political asylum can only be made when someone is physically present in the U.S. - at a border crossing, for instance.
Edward Allen (Spokane Valley)
People aren't fish, and refugees historically show up to hearings in numbers over 90%. Stop being afraid of families seeking permission to ride out a storm in our ports.
GeorgePTyrebyter (Flyover,USA)
Catch-n-release is not happening. This will require separation of families. So be it.
CommonSense61 (louisiana)
so we should take care of all 7 billion people in the world because they might live in a rough neighborhood? who's fault is it that gangs have taken over their country? not ours. i do not see other countries donating money for the prisoners in america's prison system, which is the largest in the world. no one helps out americans who are citizens and need it, but were suppose to break the piggy bank for those who cannot govern themselves?
Ziegfeld Follies (Miami)
This is a symptom of a problem. We need to help get Honduras, El Salvador, and other Central American countries back on track. The USA has 2.5 million homeless children. We have to take on this problem before we start taking on other countries problems. This is very much like the USA's drug problem. We like to attack the symptom rather than the problem. The USA has a Mental Health problem not a drug problem. Drugs are a symptom of a problem. Granted it is a lot easier to point our fingers at drugs rather than the state of the USA's mental health. "According to this new study, drug users in the United States spent approximately $100 billion annually over the past decade on illicit drugs." Central American gangsters and unscrupulous politicians are the problem.
Joe From Boston (Massachusetts)
Frank: Your assertions about Democrats are incorrect. You live in DEEP BLUE Massachusetts, which is not falling apart, is not overrun with crime, and is not doing any of the things you suggest. You have two choices. 1. If you do not like it here, feel free to leave. 2. If you stick around, open your eyes and see that you live in one of the states that is doing very well, among the best in the country.
Joe From Boston (Massachusetts)
Frank: Your assertions about democrats are incorrect. You live in DEEP BLUE Massachusetts, which is not falling apart, is not overrun with crime, and is not doing any of the things you suggest. You have two choices. 1. If you do not like it here, feel free to leave. 2. If you stick around, open your eyes and see that you live in one of the states that is doing very well, among the best in the country.
William Case (United States)
In 2015, Judge Gee ruled accompanied children as well as unaccompanied children cannot be held in custody. She also ruled parents must be released along with their children unless they were determined to be a flight risk. However, in 2016 the Ninth Circuit Court found Judge Gee “erred in interpreting the [Flores] Settlement to provide release rights to adults.” It ruled “We hold that the Settlement applies to accompanied minors but does not require the release of accompanying parents.” As a result, the government released children whose parents were held in custody along with unaccompanied children to child care centers operated by the Office of Refugee Resettlement. On June 26, 2018, Judge Dana Sabraw of the U.S. District Court for the Southern District of California enjoined the Department of Homeland Security from detaining migrant parents “without and apart from their minor children.” But on July 9, 2018, Judge Gee refused to amend her 2015 ruling to allow DHS to hold children with their parents in family detention center. She maintains the contradictory court ruling aren’t contradictory because “Absolutely nothing prevents [Trump administration officials] from reconsidering their current blanket policy of family detention and reinstating prosecutorial discretion.” Her motive is to force the administration to reinstate the Obama’s administration’s “Catch and Release” policy. The appellate court or the Supreme Court will overturn one of two district court rulings.
manoflamancha (San Antonio)
Of all the 7.6 billion human earth inhabitants, we will assume that all caring and responsible parents will not put their kids in danger. Crossing illegally to another country is considered a crime and if a family with kids decide to do this, they are placing their kids in danger. The issue today is that our southern border must be protected. What needs to be done when an illegal immigrant family with kids is captured at the border, then the entire family (parents and kids) must be returned to their country (TOGETHER). We should ask why this problem exists. God gave all men in this world intelligence. 03/12/2013 - Asian countries outperform the rest of the world in the OECD’s latest PISA survey, which evaluates the knowledge and skills of the world’s 15-year-olds. The OECD’s PISA 2012 tested more than 510,000 students in 65 countries and economies on math, reading and science. The main focus was on math. U.S. did not come in first. To have a decent living environment do kids from all countries of the world need to come to the Canadian border, or Mexican border and sneak into the U.S. in order to succeed? No, shame on all countries who are forcing their people to become illegal immigrants in the U.S. These countries governments need to make plenty of jobs for their people, education, good health care, housing, and clean air and water. Why do most governments not care for the needs of their own people?
PatB (Blue Bell)
"...raised no significant new argument that Obama lawyers had not already tried unsuccessfully.' Who knew immigration law could be so complicated?! Apparently, everyone who has ever dealt with this issue. Too bad Trump is so arrogant and ignorant that he hasn't been willing to develop relationships with his predecessors and their agency staff. They would probably be more than willing to share their insights and learnings.
Joe From Boston (Massachusetts)
Why is anyone surprised at the gratuitous cruelty of the Trump administration? Donald Trump is the guy agreed to pay the costs of medical insurance for his nephew Fred C. Trump III's infant, who was born with cerebral palsy. He cut off that medical insurance over a will contest. https://www.nytimes.com/2016/01/03/us/politics/for-donald-trump-lessons-... Quote: In 1999, the family patriarch died, and 650 people, including many real estate executives and politicians, crowded his funeral at Marble Collegiate Church on Fifth Avenue. ... Freddy’s son, Fred III, spoke at the funeral, and that night, his wife went into labor with their son, who developed seizures that led to cerebral palsy. The Trump family promised that it would take care of the medical bills. Then came the unveiling of Fred Sr.’s will, which Donald had helped draft. It divided the bulk of the inheritance, at least $20 million, among his children and their descendants, “other than my son Fred C. Trump Jr.” Freddy’s children sued, claiming that an earlier version of the will had entitled them to their father’s share of the estate, but that Donald and his siblings had used “undue influence” over their grandfather, who had dementia, to cut them out. A week later, Mr. Trump retaliated by withdrawing the medical benefits critical to his nephew’s infant child. “I was angry because they sued,” he explained during last week’s interview.
Nreb (La La Land)
Uh, they are not 'migrants', they are ILLEGAL IMMIGRANTS.
Ken (MT Vernon,NH)
Only a Democrat could go on and on about due process when they know 80+% of these illegal aliens will disappear as soon as released and never show up for their end of the due process.
laurie (US)
so when does immigration take a look at how Melania got into this country? She worked in this country without a workers permit and then she got into this country for good on a genius or Einstein visa...given that her skill is taking her clothes off for cash...I doubt she qualified. She also chain migrated her parents which is something the deplorables say they hate. Also, why are russians allowed to give birth to their little American citizens at Trump properties in Florida? I thought the deplorables hated that too...oh wait...just brown people, right?
Carol Wheeler (San Miguel de Allende, mexico)
This administration seems to be,what,willfullly incompetent. When you give a bag up to “authorities “, you get a receipt. And they couldn’t manage it for crying infants?
Robert Roth (NYC)
Alito and Gorsuch are just licking their lips waiting for the chance to overrule something that smacks of any decency.
Shenoa (United States)
Reunite them...and deport them. Foreign nationals who brazenly disregard our laws are not welcome here.
John (Pittsburgh/Cologne)
Rapid adjudication is the only solution. This will enable families to stay together for their brief stay in the United States, facilitate whole family deportation (about 80% will be deported), and minimize the costs of caring for illegal immigrants and asylum seekers. Yes, Mr. President, it will require more judges. It will also involve revamping every step of the process to achieve maximum efficiency. Border security is critical, but so is rapid processing of cases. Even if the border is hermetically sealed, people can simply go to any border crossing and say the magic words, "I request asylum." Once they do this, we are forced to process them according to the law.
Mike McGuire (San Leandro, CA)
"Other parents have criminal records that prevent the families from being reunited." First of all, it's not the "criminal record" itself that's "preventing" anything, but the actions of U.S. officials on how to react to those records. Just what kind of "criminal records" are we talking about here? Are any of the supposed crimes child abuse, which would actually endanger the child?
njglea (Seattle)
Right On, Judge Gee! As you said "the administration’s request to modify the decree, the 1997 Flores agreement, was “a cynical attempt” to shift immigration policymaking to the courts in the wake of “over 20 years of congressional inaction and ill-considered executive action that have led to the current stalemate.” This is what the Koch brothers and other Robber Barons wanted. Their radical religion/BIG business brethren want those "prison and detainment" dollars to keep pouring in. Can't legally enslave people? Okay. Lock them up and pay us - the Robber Barons - huge money to feed and house them. How in the world did WE THE PEOPLE allow them to lie us into the current evil hostile financial takeover of OUR United States of America. How did we let them continually reduce OUR civil and human rights? WE did not pay attention - but WE are paying attention now. WE are going to purge the Robber Baron operatives from OUR governments at every level this November, in 2020 and in very election in the foreseeable future. Their evil, insatiably greedy, inherited/stolen wealth vision for OUR America will not stand. Not today. Not ever.
clarity007 (tucson, AZ)
Solution is to release these families back to Mexico and register them with the U.S. embassy for hearings and processing.
Olenska (New England)
Our Ambassador to Mexico quit in May and hasn’t been replaced. That makes your suggestion somewhat difficult, even if it were Constitutional.
AJ (Kansas City)
Judge Gee is an Obama appointed leftist. What do you expect?
W.A. Spitzer (Faywood, NM)
Please explain why you think someone opposed to separating families is a leftist?
W.A. Spitzer (Faywood, NM)
And how does a wall prevent families from coming to a border check point and asking for asylum? What could be more obvious? A wall is a stupid idea.
Olenska (New England)
She is a Federal judge. Clearly you share Trump’s idea that judges are ideologues; actually, they follow the law, which is a concept he cannot fathom. It has become incredibly tiresome to have to explain this over and over.
Emma Jane (Joshua Tree)
Chief of Staff John Kelly made it chillingly clear how cavalier this administration is when he said to the nation the Refugee Children who've crossed the Border (fleeing violence) will be placed in "Foster Care or WHATEVER". Whatever????? Yeah. That's right. Whatever. An administration who now asserts "zero tolerance" as they dump 5 year old children in "black sites" on the Arizona border, (children who, more than likely will never, EVER, see their parents again) is committing crimes against HUMANITY. Chief of Staff John Kelly shrugs, as the Nation slouches towards Neo-Fascism or "Whatever".
M (Seattle)
And the Democrats get their wish of open borders.
Candlewick (Ubiquitous Drive)
The Trump Administration has missed the court's deadline of Today for reunification of children five and under. So; where is the teeth? What is the consequence- like holding officials in Contempt? Might be nice to see Kirstjen Nielsen and Alex Azar with an arrest warrant.
Margo (Atlanta)
If they can't be detained then they have to be made to leave the US and apply for asylum from their homeland or current sanctuary through the US embassy. This catch and release nonsense must stop!
zcf (GA)
The truth is separation of families has been going on for many years. Obama had a chance to do something about it and he did not. There were more deportations under his watch than any other president. And Democrats now have the audacity to cry foul? Please spare me the hypocrisy. At least now the world knows, and, hopefully, just maybe, something would be done about it.
Ziegfeld Follies (Miami)
Can we talk about the 2.5 million homeless children in the USA? Let's get them 2 meals a day, a tent with a doctor and air-conditioning
teach (NC)
Heck yeah, let's do. Maybe stop the GOP from gutting children's health and children's food programs and undermining their right to a decent public education!
smb (Savannah )
The cruelty was the end goal here, and not incidental to other policies. Sessions said at the beginning,"If you are smuggling a child then we will prosecute you, and that child will be separated from you as required by law...If you don't like that, then don't smuggle children over our border." Children were not being smuggled like drugs. These were the immigrants' own children. When a family travels together, you don't claim that the mother or father is smuggling their child. Sessions addressed unknown immigrants with great animus and incipient racism: "If YOU don't like that". He showed zero concern for the children. They might have been inanimate objects or animals. They would be taken. Once they were confiscated, virtually no efforts were made for their futures. This article mentions the secrecy of the reunion of the few very young children about to be returned to their families. It does not mention that the children were taken -- usually following lies such as bathing them or having them on a different bus -- and were transported in the deep of night secretly between facilities spread across the country. Then their family records were deleted. In a normal world, this kind of mass kidnapping of thousands of children from their parents would result in prosecutions. At least the judges so far have shown normal sentiments and decency, unlike Trump administrators or Trump from a family of immigrants and who married immigrants.
Dova (Houston, Texas )
The easy solution is automatic deportation for those illegally in the country. None of the countries the people have fled are war torn, rather violence is gang related. Gangs these individuals have let take over their country, which isn't the American tax payers fault. I nor other American citizens should have to shoulder the cost of the choice these people have made.
Jack Toner (Oakland, CA)
That's right the US and US corporations have never been involved in any dubious stuff in Central America. The United Fruit Company was just trying to help those folks.
Christopher (San Francisco)
Your fanciful idea that the US bears no responsibility in creating the conditions in those countries is delusional. I'd suggest you start reading a bit more on the topic.
Al (Idaho)
The fact that these countries have quadrupled their populations in the last 60 years has not helped their situations, no matter what the u.s. did.
dhb (New York)
Donald Trump has kidnapped these children and is holding them for ransom. Usually we put the kidnappers in jail not the kids. and all who secretly transport children from one place to another are engaged in child trafficking and belong in jail with their commander in chief. And the silent members of congress who support this deplorable activity deserve to be charged with aiding and abetting this kidnapping and should be incarcerated.
Kraktos (Va)
Rule of law says that to request asylum or citizenship, you appear at the border crossing and ask, not sneak over the border guided by paid guides who know where the weak spots are. Doing otherwise makes you a criminal.
Kraktos (Va)
It's only child trafficking if the end result is illegal, such as illegal adoption or sex trade. Moving them to keep the media feeding frenzy down in the interests of the kids while they are reunited is prudent seeing how they are hounded by the media.
JM (San Francisco, CA)
What despicable heartless monster heading up Immigration in this country so horribly managed the identification and tracking of immigrant children as they stole them from their parents? Let every American citizen imagine, for just 10 minutes, what agony these mothers felt as their young child was ripped from their arms, not knowing who would take care of them an if they would ever see them again. It is becoming increasingly obvious, the Trump administration NEVER had a plan to ever reunite these children. They sent the children thousands of miles away in the dead of night and never even kept records on most of them. America has. indeed, become a cruel and heartless nation. I am embarrassed for our country.
commenter (RI)
Don't worry, with Kavanaugh on the bench Gee's ruling will be quickly overturned. Just like Roe and impeachment and indictment. Pardons all around. Trump for King!
Roger Bourke (Alta, Utah)
I look forward to seeing the perpetrators of these crimes against humanity on trial. The "I was only following orders" defense didn't work in Nuremberg and I hope it doesn't work here.
Daniel Redstone (Michigan)
We must continue to work to ensure that the Rule of Law outlasts the Rule of Trump.
GWPDA (Arizona)
This time, only, this nation dodged a self-directed bullet. To order the military to build internment camps on military bases to confine indefinitely a specific racial category of human being? Without legal cause other than the allegation of a misdemeanor or for asking for asylum? Is this nation insane, again?
bnc (Lowell, MA)
In 1950, at the age of 5, I was placed in an orphanage by my mother. I spent the next 8 years being "warehoused" by her. It was only recently that I was diagnosed - properly - with PTSD. These children will similarly suffer - unnecessarily - and the "triggers" of fight/flight will last a lifetime.
Ms. Bear (Northern California)
I still can't get over the fact, not that I ever should, that people came to our country seeking asylum and our government took away their children. And don't lecture me about all the homeless children in shelters in this country. That's a separate issue. Besides my mother was a social worker who ran an adoption agency and I've heard more horror stories about what can happen to children than you can probably imagine. People who hurt ANY kids are people who hurt kids. Stop voting for people who make cuts to social programs that help families and kids.
MIMA (heartsny)
And just who is going to enforce any of these rulings? Let’s get serious. This is a problem brought on by Donald Trump who does not have any concern for these kids at all. No one but these kids will pay a price. Very sad.
Texas Liberal (Austin, TX)
The floodgates are now open. I am 80, on SS and Medicare, so this won't be my burden; I'm past tax-paying age and income, and those two programs will, I expect, outlive me. (Barely.) The rest of you will be paying for this -- in resources and in the destruction of your culture. BTW: I was an immigrant -- a legal immigrant -- half a century ago. Came here for a better life and made it, without subsidy or government largess.
Paul (Charleston)
two questions, Texas Liberal: 1. what exactly is "your culture" supposed to mean? 2. what does your post have to do with the legal and moral mandate to keep children with their parents?
Ziegfeld Follies (Miami)
Thank you. You are exactly, what the USA hopes for when it talks about legal immigration. Legal immigration is what built this country. I don't think I've ever met an American (USA) against legal immigration. Illegal immigration is a disaster. There are steps & laws in place for a very good reason.
Texas Liberal (Austin, TX)
Paul: "your culture" is also mine: America is a culture, nurtured by generations descended from legal immigrants such as myself. It'll be "your culture" in the future, after I'm gone. Separating children from their parents, aside from being logistically required -- there are not facilities to keep them together and still in custody -- has the added benefit of discouraging others from flooding our country. That's the relevance of my comment.
krw (Chicago Metro)
Ms. Jordan and Mr. Fernandez, why are you using the term, "illegal"as if it were fact? Many of these people came seeking asylum, and (please excuse my shouting) ASYLUM IS LEGAL. When ostensibly unbiased reportage contains lies that a corrupt government has put forth to justify cruel and irrational treatment of noncitizens, it serves to promote those lies. Granted, this is not a simple subject, but please don't pretend or purport that it is illegal for oppressed people to come to this country to seek asylum. Some of these people may have crossed the border illegally; some certainly have not.
Easternwa-woman (Washington)
Ok.. so if someone crossed the border illegally with children and they cannot be detained more than 20 days with children....and they cannot be separated from the children ...then logically, the next step is that they are deported after 20 days and those without children are not deported. Correct?
Easternwa-woman (Washington)
If they cross the border rather than going through a checkpoint, yes, they are illegal -- even if seeking asylum. That's not opinion. That's fact. They have 32 checkpoints they can go to on Texas border. They have a good dozen embassies in Mexico that they can go to to request asylum. The only reason you would want someone to cross a border without regard to citizenship laws is because you believe that no countries should exist ... that the whole globe should be one place..
Cheryl A (California)
Checkpoints were intentionally shut down. Children were taken without recordkeeping. Parents told their kid was being taken for a shower. No goodbye, no information. Trump would like you to believe these are bad people who don't need asylum.. people who will carry out these atrocities are lacking in common decency and common sense.
Eugene Windchy. (Alexandria, Va.)
What could be more obvious? We need a wall.
Al (Idaho)
And e-verify, and an end to birth tourism and birthright citizenship, and an end to chain migration, and employer sanctions and and end to the visa lottery. In short a total overhaul that is based on what we want the u.s. to look like in 100 years. We are well on our way to over a 1/2 billion Americans in this century. Show me any study that says that will be a better country to live in.
common sense advocate (CT)
Let's use Texas as an example - because it's on the border (and because a Houston commenter's anti-immigrant comment stuck in my head): In 2015, the arrest rate for illegal immigrants in Texas was 40 percent below the arrest rate for native-born Americans, and the homicide arrest rate for native-born Americans was about 46 percent higher than the illegal immigrant homicide arrest rate (Cato Institute). When you add the enormous crime rate discrepancy to the net $7 billion added to our economy by illegal immigrants - because they pay taxes with fake ids, shop, buy property and run businesses that employ others - you'll see why immigration is not just a moral imperative, it's a societal imperative.
Stephen Quandt (New York City)
Why not rent out a big stadium, put all the kids and parents together in a field and let them find each other? Identities confirmed when exiting, the whole thing would probably take a few hours.
hen3ry (Westchester, NY)
It's no surprise how badly we're treating people seeking asylum in America. Look at how we treat prisoners in general: worse than cattle and then we're shocked when they come out of prison angrier than when they went in. Have we no common sense or decency left in us when it comes to how we deal with people seeking asylum? Do we have no compassion for families leaving their countries because they are afraid for their children or themselves? People do not leave their home countries if they feel safe. They don't try to cross a border illegally if things are fine for them where they are. Even if we don't accept them here we can treat them like human beings and show them some hospitality. This reader is beginning to think that MAGA stands for Make America Greedy Again or maybe it should be changed to KAFA, Keep America Fearful of Aliens.
Al (Idaho)
There are approximately 1.3 million gang members in the u.s. ~ 45% are Hispanic, 35% black, 20% everybody else. Some are undoubtedly some illegal aliens. Many are second or more generation u.s. citizens. These are not your rotary club self improvement groups. So if you cherry pick numbers that don't include the citizen kids of illigrants legal and otherwise you're being dishonest. Many of these guys are not interested in hard work or asymilation.
Al (Idaho)
People leave their country when there is nothing to do and they have no possibilities. Mexico and central america are ridiculously over populated. We could take everyone who shows up at the border forever and it won't put a dent in the poverty and misery of that part of the world. It will, in the end, make the u.s. a similar country. That part of the world has gone from ~40 million to ~160 million in 60 years. Until that problem is solved, nothing will change.
cecilia (texas)
And where, pray tell, did you get these statistics? I would assume that since the US is a majority white country at the moment, that the majority of gang members would be from the majority population. Please give me some insight as to where you "cherry picked" these stats!
Charles (Clifton, NJ)
The upshot of this imbroglio is that the Trump administration is so far incapable of solving this problem. In response, trumpkins divert attention away from the Trump administration and complain about Democrats. Trump and his followers are at the mental level of eight year olds. This administration offers no leadership in addressing the immigration problem. It is on-the-job training for Trump who is now finding out how difficult being president is. Adding to Trump's problems is that he cannot reason and knows no history, debilitating traits amplified by his inability to listen to a qualified staff, which he replaces with unqualified people who swear blind allegiance to him. This administration now collides with the immigration problem. It's not pretty. One very small bright note in this sobering article by Jordan and Fernandez is Kirstjen Nielsen's trip to Guatemala. Her visit needs to develop into a Central American policy, but given the ineptitude of this administration, I am not holding my breath. Failing that, trumpkins need to break out of the trance that Trump has put them in and get him to develop a humane immigration policy instead of whining about Democrats who are *not* in power. Dumping the problem onto faith-based organizations only diverts responsibility from Trump. He's the president now.
William Case (United States)
Judge Dolly Gee created the “child separation crisis” in 2015 by ruling the 1997 Flores Settlement applies to accompanied children as well as unaccompanied children. Asa result, accompanied children could no longer be held in custody with their parents; they had to be transferred along with unaccompanied children to licensed care centers operated by the Office of Refugee Resettlement (ORR). However, in 2016 the Ninth Circuit Court of Appeals found Judge Gee “erred in interpreting the Settlement to provide release rights to adults.” It ruled “We hold that the Settlement applies to accompanied minors but does not require the release of accompanying parents.” Now, Judge Dana Sabraw of the U.S. District Court for the Southern District of California has issued an order that says ORR centers were “established to address a different problem, namely minor children who were apprehended at the border without their parents, i.e., true ‘unaccompanied alien children.’” His order enjoins the Department of Homeland Security from detaining migrant parents “without and apart from their minor children.” Meanwhile Judge Gee refuses to amend her 2015 ruling. The two district court orders and appellate court ruling are contradictory and will have to be resolved by the Ninth Circuit Court or the Supreme Court.
Dubious (the aether)
No, Donald Trump and Jefferson Beauregard Sessions created the crisis through their supposed "zero tolerance" policy and the vapid incompetence with which the several agencies attempted to enforce it. Can you imagine not thinking it a gross violation of liberty to not only strip a child from his parents but obtusely refuse to provide a receipt, keep track of the child, or create any plan whatsoever for his return to his family? Criminal states operate this way, without even a pretext for their violations of human rights.
William Case (United States)
In his ruling, Judge Sabraw noted that “many of the family separations have been the result of the Executive Branch’s zero tolerance policy, but the record also reflects that the practice of family separation was occurring before the zero tolerance policy was announced, and that practice has resulted in the casual, if not deliberate, separation of families that lawfully present at the port of entry, not just those who cross into the country illegally.”
William Case (United States)
Judge Dolly Gee created the “child separation crisis” in 2015 by ruling the 1997 Flores Settlement applies to accompanied children as well as unaccompanied children. As a result, accompanied children could no longer be held in custody with their parents; they had to be transferred along with unaccompanied children to licensed care centers operated by the Office of Refugee Resettlement (ORR). However, in 2016 the Ninth Circuit Court of Appeals found Judge Gee “erred in interpreting the Settlement to provide release rights to adults.” It ruled “We hold that the Settlement applies to accompanied minors but does not require the release of accompanying parents.” Now, Judge Dana Sabraw of the U.S. District Court for the Southern District of California has issued an order that says ORR centers were “established to address a different problem, namely minor children who were apprehended at the border without their parents, i.e., true ‘unaccompanied alien children.’” His order enjoins the Department of Homeland Security from detaining migrant parents “without and apart from their minor children.” Meanwhile Judge Gee refuses to amend her 2015 ruling. The two district court orders and appellate court ruling are contradictory and will have to be resolved by the Ninth Circuit Court or the Supreme Court.
Ken (MT Vernon,NH)
This is ridiculous. Democrats now complain if you separate children of illegals from their parents when the parents are arrested. Which is precisely what we do to American children when their American parents are arrested. You also can’t hold kids for more than 20 days. The Democrats want us to catch and release illegals that bring children along for the ride for them never to be seen again until Democrats can pass an amnesty. President Trump should demand a review process that takes no more than 19 days, no matter the resources. Do it for the children. If you haven’t proved your amnesty case by then, you are out. You know the Democrats’ outrage is entirely fake when they don’t even wonder what happened to the 89,000 kids Obama separated from their parents at the border, yet are ready to die of outrage over Trump’s 2,000.
Charles (Clifton, NJ)
But it is Trump who has to solve this problem, yes? You can always divert attention from Trump's failures by referring to Democrats, but then that would mean that Trump is not the greatest president in the history of this nation. He would be angry at you for implying that. So surely Trump should be able to solve this problem. Unless you are saying that Democrats have power over him. That would *really* get him angry. Don't get Trump angry, @Kenny.
W.A. Spitzer (Faywood, NM)
"This is ridiculous. Democrats now complain if you separate children of illegals from their parents when the parents are arrested.".......No. You are speaking in half truths. Parents who came to the boarder, and legally requested asylum at official border crossings were separated from their children. They did not do anything illegal and they were not arrested; they were detained pending a determination of their asylum request. It was the policy of the Trump administration to separate the children of asylum seekers in order to discourage more from coming and legally requesting asylum. That policy is not only ridiculous, it is more than slightly sick.
Pepperman (Philadelphia)
The Democrats have never stepped up to show real compassion for these families. How many protesters have given aid or adopted these families. How many big city democratic mayors have offered housing and schooling or settlement into their cities. Never seen a report on any help from the pockets of the wealthy democrats.
Tim B. (Ca)
DNA testing will NOT work if a child has been adopted. It's sad and unethical to have separated children from parents without a PLAN to reunite over time. This Trump administration is both arrogant and ignorant in handling such a critical operation. We will not forget this egregious failing of Trump in 2018 and 2020.
Name (Here)
So now we're pretending that those who are using someone else's children to gain sympathy at the border have adopted them? Reminds me of when people tried to claim they adopted their lover to get scholarship aid for them.
Jonathan (Tega Cay SC)
99% of these people are refuges. Escaping murder and rape. What's the difference between these "refuges" and the tragic exodus from Syria. No one wants them. What would you do in the same situation? Get away from the abstract issues and see people.
Al (Idaho)
It's hard to believe that "99%" of these people from economically mismanaged countries, who travel thru other countries where they could be safe and apply for asylum, but don't because there is nothing for them to do there are anything but what most are:economic refugees. They are fleeing, over populated, poorly run countries where there are frankly no jobs and no future. This is just like Europe and Africa. Africa produces 30 million extra people per year. There is nothing for them to do, so they head north. We can people get their countries in order (starting with birth control), we can't take them all in. Until the fact of unlimited population growth in a finite world I'd looked at honestly, none of this will change. But we still can't take them all, or in a small portion in. We have our own impoverished masses to care for.
Neil M (Texas)
I wish this issue would go away when we have zero illegal crossings. I appreciate the outrage mentioned incomments below - but the outrage should be directed towards these parents who are bringing in these future DACA cases. This immigration problem is becoming our Middle East crisis problems. No one can solve because no one wants to compromise. Successive administrations and Congresses kick the ball down, like in the Middle East - enter the judiciary that makes these demands that have had no congressional input. It's all hopeless for us the law abiding citizens and outrageous that these illegals openly and with great encouragement abuse our laws.
AliceWren (NYC)
I agree that Congress has been kicking this problem down the road for two or more decades. But, none of those entering the country for the past few would qualify for DACA now or in any legislation that has been proposed. It was deliberately designed to avoid what you suggested. I do not, however, blame the judiciary for enforcing the US Constitution. The Trump administration could have avoided this debacle by using ankle bracelets as the previous administrations have done. FYI, most of those seeking asylum, and released to await their hearing, do show up. Nor do they usually commit crimes.
Lanie R. (Austin TX)
I assume that if gangs threatened your children and you couldn't earn a decent living, you would stay put and not lift a finger to save your family. It is laughable that Repulblicans claim to be pro-family. Can't any of you for once, turn the table and imagine it could someday be you?
AS (New York)
Public school in the US costs 19 to 25,000 per year per pupil depending on the state. Would it not make more sense to pay these mothers that money in Central America or Mexico. A mother of eight could collect $160,000 per year on just the tuition money.....let alone the other social services. And the money would go farther in Honduras or El Salvador and if paid to all Honduran mothers it would be fairer to all and it would lift up the economy better than funding the thieving oligarchs at the top and funding the thieving employers in the US.
David Lockmiller (San Francisco)
This is the judge that should be appointed the next Supreme Court Justice of the United States.
vickie (San Francisco/Columbus)
For the time being, I will ignore the inhumanity. For cheapskate Trump, who gave his chauffeur a $7,000 raise while cutting his $18,000 in health insurance benefit, how much is this costing us? The airfare, the 24/7 care, food, shelter, utilities for this "summer camp" to separate children from those who could best care for them. And how much to do all that is required to put these families back together when, at least in some instances, papers were not given back to the parent. Trump doesn't like to pay for anything out of his pocket. So how much is this inhumane, debacle taking out of my pocket? And then there are future costs for psychological damage, costs for care of children who are never reclaimed because their parents want them safely out of harms way. Trump doesn't like something so he breaks it in a million pieces and wonders why everyone is mad at him.
Ms. Bear (Northern California)
Thank you for writing what I've been thinking about as well. Not only is this administration inhumane, it's also incompetent. Unless the incompetence is another distraction from ongoing investigations and creating chaos is the primary mandate? .
Livin the Dream (Cincinnati)
The Trump administration has to stop their lies and admit it has no coherent plan to end this ugly situation. They have nothing to lose by being honest at this point. Then, we can take a long and broad look at their race-based policies.
Al (Idaho)
While we're at it, we should look at the 40 years of democratic manipulation of immigration policies that helped us get here as well. Ex multiple amnesties, with promises of border control and immigration law enforcement that never happened.
BAB (Madison)
Yet, Senator Ron Johnson of Wisconsin, the chairman of the Committee on Homeland Security has not even been down to the border to view or investigate anything first hand. No oversight coming out of his committee. Sad and dispicable. Let the media in to show the public the detention centers. We need the truth!
MB (MD)
I’m surprised The Donald doesn’t ship the lot of them to Gitmo, throwing all it’s embarrassing eggs in one basket as did prior administrations.
Nancy Braus (Putney. VT)
The Trump administration either was outrageously sloppy, or, more likely, they really had no intention of ever reuniting these already traumatized children with their families. Wrenching babies, toddlers, and young children from their parents is a sadistic act that can only be carried out by an agency, ICE, that is being instructed to translate Donald Trump's continued de-humanization of Central American refugees into policy. In a terrible violation of human rights, the Trump administration has insured that some of these children may never see their families again by deporting parents without their only treasure- their kids. For some of these families, their only "crime" was legally attempting to apply for asylum. What will be the consequences for the lawbreaking of this administration? They have been holding thousands of children in prison-like facilities for months, thus ignoring the legally binding Flores Decision. They are not reuniting even 50 babies and toddlers who have been treated like garbage, being thrown into cages. When they continue to ignore the 20 day limit of Flores, the Trump administration's selective belief in the rule of law becomes more apparent every day.
ebmargit (Ann Arbor, MI)
And what will the consequences be when this administration inevitably fails to comply with the ruling? I hope there are some teeth behind it. Jail time for all those involved in making this debacle possible would be a start; and then each family should be paid a substantial restitution for their victimization by our government.
AliceWren (NYC)
Starting with the Attorney General, Jeff Sessions.
Jenny (Atlanta)
“Of 102 such children now in government custody, the authorities have been able to identify, locate and vet the parents of only 54.” “Nine parents of children who are under the age of 5 have been deported, making immediate reunification difficult. In the case of nine others, the parents have been released and their locations are unknown.” “The government announced last week that it would be using DNA testing to expedite confirmation of familial ties between adults coming forward to claim children, given that several agencies had been involved in the separation of families and that databases were not complete.” My God, did Trump’s government have no plans or processes in place whatsoever, nor any evident intention, to ever return these children to their families at any time in the future? It doesn’t sound like it. How chilling, and how evil. And now, while cynically mouthing words of sudden concern (for families making the “dangerous” crossing, for carrying out their “shared goal of promptly reunifying families while ensuring the safety of the children”), Trump and DOJ surely will do absolutely nothing more on their own for those children unless the public and the press keep up the pressure. We must stay strong, and stay in the streets, and stay in the Trump government's face, until every child is returned to its family.
silver vibes (Virginia)
Kudos to Judge Dolly Gee for having zero tolerance with the president’s deliberately cruel policy to separate toddlers from their parents. The effect of the administration’s stated goal was to shock and horrify migrants into having second thoughts about seeking asylum, which is what terrorists do to frighten civilized countries and cities. The president went out of his way to target children as collateral damage in his war against immigrants. Youngsters are being shuttled around the country like cattle in box cars with no idea of where they’re being transported or when they’ll be reunited with their loved ones. This administration has created huge problems it has no idea how to solve.
Name (Here)
Creating problems it can't solve is what this administration is good at. Thanks, Putin!!!
Marvin (California)
It is not really a "setback for Trump", it is simply reaffirming that the government has no choice but to separate families if it chooses to enforce the law and detain illegal immigrants in criminal court. It gives the administration a place to point to, a clear judges statement that says 'yes, if you criminally hold the the parents, you must separate the children.' This is nothing new, it was the law before, folks just did not seem to understand that. NOW they have a clear understanding.
W.A. Spitzer (Faywood, NM)
"the government has no choice but to separate families if it chooses to enforce the law and detain illegal immigrants in criminal court.".....You conveniently ignore the fact that many of the family separations involved people who legally presented themselves at designated border crossings and requested asylum. They did not commit a crime, they cannot be prosecuted, they can only be detained until their asylum request is acted on. And if you had enough immigration judges, you would be able to act on the asylum request in an expeditious manner.
Kim Murphy (Upper Arlington, OH)
There will be no further separation. Perhaps you missed the reunification court order? It’s a huge blow to Trump. That’s why the DOJ is in a tizzy.
Glen (Texas)
“We have agreed it is best to not talk publicly about location too much for the safety of children, to ensure the orderly and safe release for everyone.” Sarah B. Fabian, Justice Dept. lawyer. Why, pray tell, is the source of the danger for these toddlers that Ms. Fabian describes? For that matter, what is the danger which perils the safety of little kids? Is it physical harm at the hands of irate Trump supporters who would, if they knew the whereabouts of these reunions, descend on the families with all the mercy of Attila the Hun's army? On a related note: The fecundity of America's women is, and has been for some while now, not up to the task of producing enough progeny to keep our population growing enough to support Social Security into the future. Immigrant families, on the other hand have no qualms about having babies, raising them to be productive workers, in all manner of jobs, not just white-collar high-paying positions that stop contributing to Social Security in June because they have reached the magical max-out point? Seems to me Trump's troops are cutting off their noses to spite their faces...after they've already shot themselves in both feet.
Jackie McCall (Guelph, Canada)
How much of tax payers’ money has been squandered on this mess?
Tom Blasiak (Rochester)
I would like to get clarification on this comment from Ms. Fabian: "Other parents have criminal records that prevent the families from being reunited, Ms. Fabian said." Criminal records, really? Were they convicted in a US court? Were they charged with a convenient misdemeanor in order to facilitate this inane policy? Unite the families!
Rusty Carr (Mount Airy, MD)
The next step is for the judge to appoint outside management to manage the reunification process. It is pretty clear that representatives of our government have been lying to the media and the courts in order to cover up the gross incompetence of the planning and execution of this so called zero tolerance policy. The Trump administration never had a capability to meet these court imposed deadlines and by not accepting the help that was offered displayed a lack of intent to do so. This blatant disrespect for the courts should be punished.
TOM (NY)
Appeal the decision. A consent agreement by President Clinton is not binding on President Trump. The Judge was correct to the extent that she identified this as a Legislative problem. The Left should be careful about endorsing such judicial activism -- the Court is not looking good as the font of authority to advance a progressive agenda.
Kim Murphy (Upper Arlington, OH)
Of course Flores is binding on Trump and future presidents. That’s what a consent decree is—a court order.
TOM (NY)
Please explain the constitutional authority for one President to bind a subsequent President through an agreement made with a court. I understand people are acting like this is the law, but it is not. You do not want conservative judges making deals with President Trump that bind later presidents?
W.A. Spitzer (Faywood, NM)
Please explain why you think being opposed to deliberately separating children from their parents and being opposed to keeping children in detention for extended periods of time is a left leaning agenda.
tmarks11 (WA)
>>"but the court does appear to acknowledge that parents who cross the border will not be released and must choose between remaining in family custody with their children pending immigration proceedings or requesting separation from their children so the child may be placed with a sponsor". Another example of the "intentional misreading" and the "attempt to pass immigration reform to the courts". That is not what the judge ruled. I bet he is not happy with the WH spin, and I am betting the appellate court judge will take a dim view of that kind of willful misinterpretation.
Jon Harrison (Poultney, VT)
I would think the judge's decision will be overturned on appeal. Control over immigration and of the border is clearly a function of the executive acting within any laws passed by Congress. I don't see that this judge has solid legal ground to stand on. Non-citizens don't have "fundamental rights" in the sense the lawyer quoted in the article wants us to believe.
Kim Murphy (Upper Arlington, OH)
Except they do, and that is settled law, particularly the right to due process.
Dubious (the aether)
Jon, although I disagree with you, I thank you for your honesty. Until now I was not aware that anyone would admit to the belief that there are some humans who lack human rights.
JohnnyM (Columbus)
The best and least expensive solution to this problem would be to expedite appointment of an adequate number of Judges to process these claims within 20 days of arrival. Then return the 95% making false claims to their home country. The slower the process is the more expensive it is.
Marvin (California)
Least expensive in the long run but very expensive in the short run and a huge ramp up time to get that many judges. It IS the only real solution right now though if you want to end catch and release AND not separate families.
Suzanne (Minnesota)
Please provide a citation for your claim that 95% of asylum seekers are making false claims. It is time that reasonable citizens confront individuals like you who make outrageous and unsupported statements.
Max Lloyd (Brunswick Ohio)
I would like to know how you came to the 95% number, I believe those numbers should be reversed
C (Brooklyn)
What about the other 2,000? A disgusting Crime Against Humanity and one of the elements of genocide under the Geneva Convention. Things just don’t change in this racist racist racist country.
Marvin (California)
"Illegal" is not a race, this is not a racist policy, this is a clear cut immigration policy. You do a disservice to this debate and you de-legitimize real racism when you make such arguments.
mary (connecticut)
DNA testing to united a child who was ripped out of the arms of their parent(s). If you had shared these words a few years ago I would have proclaimed; not in the country I live in. We are America and would never have executed such a horrific act of inhumanity. Human lives used as a ploy. Someone wake me up from this nightmare, please.
William Case (United States)
The purpose of the DNA tests is to ensure the persons who claim to be the children's parents are actually their parents.
Marvin (California)
This happened a few years ago under Obama. Children were, by law, separated from families. Obama tried to mitigate it by ignoring the court precedent and holding families together. The court said not. The only difference is that Obama did a slow ramp up of stopping catch and release while Trump went in strong right from the start.
Adam (New York)
The reason they're using DNA testing is not to figure out which child goes with which parents, its to confirm that the adults are their actual parents, not human traffickers moving them across the boarder into child slavery or sexual exploitation.
FunkyIrishman (member of the resistance)
There is no ''crisis'' at the border ( numbers are down to decades old lows), but the artificial one instigated by this administrations' attempts to skirt international law (to not separate babies and children from their parents) is being checked by the courts. (as they should be) Remember, that this ''crisis'' was dealt with back in 2013, when under President Obama's leadership and bipartisan support in the Senate, a bill, which would have dealt with all of these issues, was stalled in the house by republicans and the house leader. They want the issue to demagogue - not the solution.
mountaingirl (Topanga)
Spot on. It’s all for demagoguery, asylum seekers are all criminals trying to game the system, climate change is a hoax, tax cuts for the wealthy will help the middle class, it goes on and on.
Phil Bickel (Columbus Ohio)
And you were outraged by this when the Obama administration was doing it in far larger numbers four years ago? Oh wait, that was Bush’s fault. My bad.
Margo (Atlanta)
Not buying that. Do you have a number or tolerance level of illegal traffic across the border? It does not matter if the numbers go down seasonally - it gets very hot in the desert in July. And even annual numbers are varying. It needs to effectively stop, not slow.
William Kiper (Houston)
Put the entire family on a bus or plane and send them back where they came from. It is a crime to enter the US without a visa or valid passport.
Kim Murphy (Upper Arlington, OH)
It’s a misdemeanor, and it’s not that if an asylum request is made. And the applicants are entitled to due process. So, bad plan.
Dan Raemer (Brookline, MA)
It is not a crime to apply for asylum. There is due process - it does not mean that it is granted.
saram.nor (indiana)
A lot of these folks presented for ASYLUM after presenting themselves to a border agent for such. That is NOT ILLEGAL. Even if crossed illegally it is a MISDEMEANOR. Does not mean their children should be shipped away from them to an unknown location and the parents not notified of their whereabouts. A misdemeanor (i.e. traffic ticket) does not warrant having your children taken away from you
Ann (California)
Thank you, Judge Gee. Thank you.
Ron Adam (Nerja, Andalusia, Spain)
The same authorities who would so very gladly ensure a televised "Perp Walk" now want to hide the consequences of their inhumane separation of children hostages from their parents. Few have looked responsible AND humane in this entire fiasco except for the Judges now bringing wisdom and justice to bear. It's a shame to hear a nominee for the highest court in our land be such a "Suck Up" to the President within seconds of his televised public nomination announcement. I can only fear what winks and nods were given in private conversation. Would he ever go against the President to protect innocent children in any similar future situation?
Phil Bickel (Columbus Ohio)
If a woman commits a crime, like, for example, Mrs. Blagoivich, from Illinois, you’d be against “ripping her children from her arms,” or does you outrage only contained to people breaking border laws?
Boregard (NYC)
54 of 2500-3K....thats roughly 2%. Thats not progress. Thats willful delay. Watch the WH and Trump-State TV at Fox spin this as an acheivement of the highest caliber. 54 happy families brought to you by Trump and Company, sponsored by the Be Best Campaign. Where being best is measured with street curbs.
Olenska (New England)
Agreed. But the problem is that the government can't even provide an accounting of the numbers of parents and children who were separated, much less who and where they are. That's part of the horror of this - they didn't bother to put any tracking systems in place. They clearly had no intention of ever reunifying families. This isn't ineptitude - it is willful cruelty, practiced at the highest levels, knowing that there will be no sanction. Everyone involved in this process - Trump, Miller, Nielsen, Sessions, McAleenan - is guilty of egregious human rights violations. But how will they be held to account?
Boregard (NYC)
Olenska, agree. Its both...ineptitude, bolstered by their cruelty. From Trump down thru the entirety of his Admin, 1. Fails to understand how govt agencies work, so they understaff them. 2. They have no real respect for any institutions, or the laws in general. 3. Trump lacks empathy. Which licenses his staff to suggest outrageous policies, such as this one. All we can do is vote in more Dems. Not a single Repub. None. Period. No matter how much you might like a local GOP candidate. Incumbent or not. Vote Dem. Its all we have left...before we dont...
Mitch (Florida)
every administration official who contributes to a delay in reuniting families should be forced to spend the same time as the delay away from their families
Meg Baker (USA)
Mitch I somehow doubt they would have a problem with this being as how they are completely without heart.
Phil Bickel (Columbus Ohio)
Just like every liberal should be required to give up their paycheck to support their families.
George S (New York, NY)
So basically one court in LA has decided for the nation - and sends the word out to any and all who want to come here illegally - that as long as you bring along a child, you will in short order be released into American society upon your promise to come back to court, something that we know from history is ignored and snubbed. In other words, you are free to come here illegally and we won't do anything to stop you so long a you bring a child with you. I understand the issue of long-term detention, and yes, I understand that such a "solution" is not desirable for a number of reasons. But seriously, we are essentially being told by a handful of unelected lower level judges that our borders, our laws and our national sovereignty are a joke and facade - just come on in! Congress - the one branch, whether in Republican or Democratic hands - has failed time and again to fund enough to handle this. These families, which we don't even know are genuine or not, should be put before an immigration judge immediately upon detention and immediately deported, not years later. The SCOTUS also needs to finally step up as well and determine that Article I courts cannot impose orders against the national government outside their district in any and all circumstances. Those who cheer these actions now, as they do, need to remember that this forum shopping, one judge operation will be used against their policies just as readily.
Boregard (NYC)
George S, ny - actually the rate of return for the hearings is in the 90% range. Oops... And stop it with the fake families nonsense. Its an absurdity only those at FauxFox news could conjure...really...impromptu families are being formed to travel thousands of miles...in dire conditions...lol Why put people before a judge if the result is immediate deportation? Why bother? Dont you see how silly that sounds? The threat is not the immigrants...its Corp USA on govt welfare, and a Repub controlled Congress, that hands them free passes at every turn. And a Judiciary that sides with corrupt bankers, real estate developers, polluters and those who look the other way while employee rights are stripped away... The very people you support have made the system work against you...and the middle and lower classes...but keep electing them for their faux promises of jobs, jobs, jobs... Where are all the Trump jobs? No records been set yet, no abundance of winning, no miraculous rise in middle class finances...
Susan (Massachusetts)
FACT: 99% of asylum seekers who are fitted with GPS tracking devices show up for their court dates. It is the Trump administration that has turned the asylum process into a crisis.
northeastsoccermum (ne)
Meanwhile Trump properties have applied for work visas for foreign workers, because you know we don't have any cooks or waitstaff in the US.
Dan Raemer (Brookline, MA)
Yes, let's do this in complete secrecy so that the people will not notice what horrible, evil, contemptuous bigots we and our leader are. And, spectacularly incompetent as well.
Phil Bickel (Columbus Ohio)
Deep breath! It only gets worse when Trump gets re-elected!
Frank (Boston)
So the Democrats will now own every single illegal alien who is caught and released to disappear into the interior of America. There is no immigration law, no border, as far as Democrats are concerned. Democrats believe every person on the planet is entitled to free US education, US food stamps, US Medicaid, US affordable housing, and on and on. No limits. Ever. The Democrats believe that America should commit suicide.
Eric Schneider (Philadelphia)
Ah, yes, the Trump/Fox lie, claiming that anyone who opposes Trump's policies must support unregulated immigration. The classic strategy of demonizing the opposition, right out of every dictator's playbook.
Chuck Burton (Steilacoom, WA)
How can a ruling by a federal judge be conflated with Democrats? It is almost as if you did not read the article, choosing instead to regurgitate your partisan bias.
Ernest (Berlin)
What a charming fairy tale fantasy!
Chuck Burton (Steilacoom, WA)
This country has faced the same intractable conundrum regarding illegal immigration for many, many years, yet the current Justice Department sees fit to brand it as a crisis. Persistent ongoing challenges, by definition, cannot be crises. Coupled with the fact that more have been leaving than arriving since 2007, we come to the specious heart of this deceitful Administration's claims - a ginned-up crisis for political gain.
Anne-Marie Hislop (Chicago)
Of course they want to reunite away from the media. A good portion of the electorate is outraged by their behavior, so they certainly do not want more pictures of tearful reunions - especially in an election year. Given Trump's comments about simply packing them back across the border without due process, they all must be watched extra carefully. It is pathetic that people seeking asylum are being treated as criminals. Even for those not seeking asylum, crossing the border w/o papers is a misdemeanor for which they should not be locked up.
FunkyIrishman (member of the resistance)
@Phil Anyone on American soil is granted due process by the Constitution. There is no getting around that. If a foreign force steps foot on American soil, then they are apprehended, but then again, are availed of the justice system and afforded due process. (even if that is in a military court) Try again.
Dan Raemer (Brookline, MA)
Except your view is against Supreme Court precedent. Anyone on US soil is entitled to due process - this is well settled law. In fact, an attacking army is entitled to due process by the Geneva convention. Due process just means there has to be some rules that are followed. You have always been able to apply for asylum at any entry point. It is only now that the rules are changing. Interestingly, the congress has played no part.
Kim Murphy (Upper Arlington, OH)
Non-citizens have due process rights. That’s the law.
Max & Max (Brooklyn)
"President Trump had pledged to end what he called the “catch-and-release” policies adopted by previous administrations for undocumented immigrants apprehended at the border, but the two court rulings have left few good policy alternatives to achieve his goal." On this matter, as well as on public health, the environment, consumer safety, education, mothers' rights, and trade, our previous administrations had done a much better job. (Even George W doesn't look half bad compared to Donald J.) What the Trump administation is doing is reversing every legal policy and crossing us, as a nation, against our will, far beyond legal boundaries an into one that is a waste of time, taxpayer's money, our well being, and one that does damage to our image, internationally. Trump is making us less American. That goodness there are still some Federal Courts he hasn't gutted.
TOM (NY)
The is a problem that is not of the President's making. The mandate of releasing children after 20 days was a judge created rule. The law prohibiting unauthorized entry into the country was created by Congress. The President "shall take care that the laws be faithfully executed." US Const. Art. II, Section 3. When millions upon millions enter the country illegally it is the President's job to enforce the law. Rather than misplacing blame on this President or President Obama, who detained families together until he relented with catch and release, call Senator Schumer or Gillibrand and your Congressperson for a solution.
Marvin (California)
Trump, as with previous administrations, was following the law when families had to be separate and this ruling makes it clear cut, that IS the law. You have two choices: catch and release or detain and separate. That is it. That is what it was before. Obama did the same thing and was shot down by the courts in the same manner and then acquiesced and went back to catch and release. Obama separated families, then said to hold them together, then the courts said he could not, so he stopped criminally holding illegal immigrants. Trump separated families, then said to hold them together, then the courts said he could not, and as of now has stopped criminally holding illegal immigrants. The system is broken, it needs to be fixed. We need Congress to pass an immigration policy that allows families and children to be held together and then such a law needs to go through the court system and somehow be upheld.
Al (Idaho)
Releasing people into the country to appear, hopefully, at some future date is nuts and does not reflect the reality of the invasion (up to 50,000/ month) that is Going on at our southern border. Asylum laws and rules were put in place before entire countries were emptying and flooding north to get into the u.s. The law should be changed so that families are kept together and sent home to apply for asylum from there.