There is no
federal law that stipulates that children and parents be separated at the border, no matter how families entered the United States. An increase in child detainees separated from parents stemmed
directly from a change in enforcement policy repeatedly announced by Sessions in April and May 2018, under which adults (with or without children) are criminally prosecuted for attempting to enter the United States:
Trump's claim is complete B.S. This is totally a presidential POLICY decision, not based on any law. Period. No facts back up Trump's claim. None.
Claims that the “law to separate families” was passed in 1997, those claims originated with a February 2018 Department of Homeland Security statement referencing “ are exploited by minors, family units, and human smugglers.” The DHS statement claimed existing immigration policies “create a pull factor that invites more ******* immigration and encourages parents to pay and entrust their children to criminal organizations.”
However, neither the 1997 Flores settlement nor a 2008 human trafficking law cited in that release in any way stipulated that the government separate children from their parents:
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