The Trump Administration’s policy to separate children from the undocumented adults they accompany has created outrage among Republicans and Democrats alike. We all know that the administration is taking a hard line on immigration. It appeals to their base. Attorney General Jeff Sessions invoked the Bible (Romans 13) in an effort to justify the new policy. This statement alone is concerning, coming from the mouth of a public servant. The First Amendment is in place to prevent religion from influencing policy or law.
So, what is policy? Policy is the plan that describes what the government intends to do, and the path to get there. Law is the end result of this plan. This means that the policy of arresting undocumented adults on federal charges and taking away the children they bring over the border may soon become law.
There is a difference between law and policy, and the law says nothing about separating children from their parents. The law, in the most basic terms, describes apprehending undocumented aliens, charging the adults with a misdemeanor, determining if there are family ties with the children, and treating them according to an established process. The policy of the Trump Administration turns this process on its ear, not only by charging adults with federal felony charges, but with taking all children into custody.
The Trump Administration lays blame on the Democrats, who it says put the law on the books. It appears to be referring to the “catch and release” policy (not a law) of releasing parents with children into society while awaiting their day in court. The Administration considers this policy a loophole and wants to close it. Homeland Security Secretary Kirstjen Nielsen claims further that the vast majority of children who cross the border are sent alone, or with an adult who is not a parent. I’m not going to dig deep here; my intent is to frame the situation.
The U.S. Customs and Border Protection website reports an alarming increase in the last few years in the number of family units and unaccompanied children crossing the Mexican border into the US illegally. This may be why the GOP is reluctant to condemn the new policy.
However, there is nothing beyond this policy that outlines what to do with the people once they are apprehended. This is why we have a repurposed Walmart in Texas and the federal detention system will soon become overwhelmed.
Laws are subject to interpretation, even the ones that appear to be very clear-cut. The letter of the law is being enforced here. However, the spirit of the law is being ignored. The Trump Administration seems to interpret the law as giving no quarter (and using the Bible to justify it).
The laws are written in a way that removes the element of emotion, or at least tries to. However, humans are emotional creatures. Emotion drives interpretation and enforcement. Claiming adherence to the letter of the law while adding a cruel spin to it reveals a dark side of the Administration. One that is not very different from certain authoritarian regimes in the past and today. No compassion, no consideration of the human condition, and justifying it as a commandment from God. This is the worst sort of interpretation and hypocrisy.
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