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  1. GovTrac.us summarizes six proposals to end the separation of families immigrating illegally at the border.

    In May, the Trump Administration began a new zero-tolerance policy that is separating families at the border when they attempt to illegally immigrate to the United States. Six proposals are now before Congress to end this practice.

    The proposals take aim at ending the Administration’s actions from very different angles. That reflects the complex legal situation playing out. Although the Trump Administration has not ordered the separation of children from their families, the separation is a known, inevitable consequence of existing law that prohibits children from being detained by the Department of Homeland Security in federal prisonin this case, when their parents are detained for prosecution under the zero-tolerance policy.

    Here’s a quick summary of each proposal:


    • The simplest proposal is the Keep Families Together Act [S. 3036], which would prohibit the separation of children from their families at the border. It doesn’t specify what to do insteadthat would be left up to the Administrationbut some form of Catch and Release might be the only legal option available. The bill would also require information be given to parents on how to locate, and monthly updates about, their children. This is Sen. Dianne Feinstein’s proposal, and all Senate Democrats have signed on as cosponsors. For more, see our extended summary of the Keep Families Together Act.



    • Sen. Ted Cruz’s Protect Kids and Parents Act goes further. The bill would require that families be detained together. It would also speed up the judicial process by doubling the number of immigration judges available to hear cases and limit the duration of asylum review cases, and it would require that written guidance be given to asylum applications on how to locate separated children. For more, see our extended summary of the Protect Kids and Parents Act.



    Read more at https://govtrackinsider.com/six-prop...e-153900120e86


    Posted by Nolan Rappaport

    Updated 06-20-2018 at 05:20 PM by ImmigrationLawBlogs

  2. Trump Signs Executive Order on Family Separation

    by , 06-20-2018 at 03:13 PM (Matthew Kolken on Deportation And Removal)
    Affording Congress an Opportunity to Address Family Separation

    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. 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.
  3. My Op Ed Published in the Guardian

    by , 06-20-2018 at 09:05 AM (Matthew Kolken on Deportation And Removal)
    According to a report by the Daily Beast, the US federal government has engaged the services of the defense industry to facilitate its strategy of tearing migrant children from the arms of their mothers as a deterrent to improper entry to country. Defense contractors’ intended role in this madness? Childcare providers.

    I took the opportunity to review the website of one such contractor, Virginia-based MVM, Inc. The website includes an impressive list of services and expertise – not including child care. As an immigration lawyer who frequently represents unaccompanied minors in immigration court, and as a father of two, I find it unconscionable that an industry that principally serves the needs of the military and federal law enforcement agencies would be charged with overseeing the health and wellbeing of children.

    Click here to read my full op-ed.
  4. Attacking Immigrants and Democracy, Trump Blasts Immigration Judges And Rule of Law; Claims Separated Children's Supporters Back MS-13. Roger Algase

    On June 19, Donald Trump showed yet again that his attacks on non-European immigrants are also attacks on democracy itself. While comparisons with Adolf Hitler must always be made with great caution and qualification, since Trump is not in the least antisemitic and is just as opposed to the idea of mass murder and genocide as everyone else, his attacks on immigrants are increasingly being combined with attacks on our entire democratic system, just as Hitler's attacks on the Jews led to the destruction of democracy in Germany.

    In ranting remarks before the National Federation of Independent Businesses, Trump attacked not only judges, the media and his political opponents, but anyone who disagrees with his brutal child separation policy or anti-immigrant policies in general, as in effect supporting MS-13 gang killings of American children. The following extracts from his speech, taken from the official White House transcript, are clearly not the words of someone who believes in or supports the democratic institutions on which America is based.

    They are the words of a dictator, someone who is making a claim to absolute power. The full transcript is available at:

    https://www.whitehouse.gov/briefings...y-celebration/

    Here are a couple of samples from Trump's speech:

    "They're [Trump's child separation policy media critics] fake...they are helping those smugglers and those traffickers like nobody would believe...they know exactly what they're doing and it should be stopped...And frankly, they endanger all of our children."

    Trump then tried to conflate the child separation issue with allegedly helping MS-13:

    "You see what happens with MS-13 where your sons and daughters are attacked violently...And we're allowing these people into our country? Not with me."

    He then explained what kind of due process, legal justice system and rule of law he would like to see in deportation proceedings:

    ​"We don't want judges, we want security on the border. We don't want people coming in..."

    And then the punch lines:

    "And it got so crazy that all these thousands - we now have thousands of judges - border judges - thousands and thousands. And by the way, when we release the people they never come back to the judge anyway. They're gone. They're in your system. That's it. If they're good, that's great. And if they're bad, you'll have killings, you'll have murders...You'll have crime."

    What is Trump saying above, thrown in with his delusional fantasies about "thousands and thousands" of border judges, with the obvious implication that not only immigration judges, but judges in general are useless, a waste of time, and have no place in his vision for America?

    He is saying, without any doubt, that immigrants who show up at the US border seeking asylum are dangerous criminals, the worst of the worst, and deserve, not due process of law, but barbaric separation from their children.

    How is this consistent with America's deepesy values of democracy, the rule of law and the most elementary human right of keeping parents and children together?

    Now we know what Donald Trump meant what he said when he recently called Central American immigrants "animals". This is obviously the way he looks at them and this is how he is treating them.

    Roger Algase
    Attorney at Law
    algaselex@gmail.com

    Updated 06-20-2018 at 02:28 PM by ImmigrationLawBlogs

  5. An alternative to Trump’s family separation policy. By Nolan Rappaport


    © Getty Images

    On April 6, 2018, Attorney General Jeff Sessions notified the U.S. Attorney’s Offices along the Southwest Border of a new “zero-tolerance policy” towards illegal entries into the United States.

    According to Sessions, the situation at the border had become unacceptable. Illegal border crossings had increased by 203 percent from March 2017 to March 2018.

    He directed the U.S. attorneys in those offices to prosecute all referrals of offenses for an illegal entry, to the extent practicable.

    Entry without inspection is a serious crime. For the first commission of such an offense, the punishment is a fine or imprisoned for not more than 6 months, or both, and, for a subsequent offense, a fine or imprisoned for not more than 2 years, or both.

    Sessions’ zero-tolerance policy has resulted in the separation of children from parents who are prosecuted for an illegal entry. DHS officials recently reported that 1,995 children had been separated from their parents over the six-week period from April 19 to May 31.

    All four living former first ladies — Rosalynn Carter, Hillary Clinton, Laura Bush, and Michelle Obama — have condemned the Trump administration's practice of separating parents and children at the border.

    Even President Trump’s first lady, Melania Trump, has said that she hates to see children separated from their families. Her communications director, Stephanie Grisham, told CNN on Sunday. "She believes we need to be a country that follows all laws, but also a country that governs with heart."
    What happens to the child of a parent who has been referred for criminal prosecution for making an illegal entry?

    Read more at http://thehill.com/opinion/immigrati...aration-policy

    Published originally on The Hill.

    Nolan Rappaport was detailed to the House Judiciary Committee as an executive branch immigration law expert for three years; he subsequently served as an immigration counsel for the Subcommittee on Immigration, Border Security and Claims for four years. Prior to working on the Judiciary Committee, he wrote decisions for the Board of Immigration Appeals for 20 years.




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