Attorney: 'immigration order may not be legal yet'

Attorney: 'immigration order may not be legal yet'

Posted: Updated:
LUBBOCK, Texas -

Over the past several weeks, the Trump Administration had maintained that under current law, it has no choice but to separate families apprehended at the border and the only way to stop it is for Congress to change the law.

President Trump changed his stance on that when he issued an executive order Wednesday to keep families together during their legal proceedings. 

Lubbock Congressman Jodey Arrington said the current situation at our border highlights the fundamental brokenness of the immigration system. He agreed with the President that it up to Congress to change the law and act on legislation that funds border security, expedites deportation hearings, authorizes new detention facilities, and allows families to be kept together while waiting for court hearings. 

The order does not end the "zero tolerance" policy that criminally prosecutes all adults caught crossing the border illegally. It keeps families together while in custody, expedites their cases, and asks the Department of Defense to help house them. 

Lubbock Immigration Attorney David Strange said the order is likely to create a fresh set of problems. 

"You bump into problems well if we're going to keep families detained together, well now are we starting to run a foul of the Flores Settlement, Strange said. "Which is the children have to be released within a reasonable time. The courts have said just 20 days, and then are they being detained in the least restrictive environment."

Strange said it is ultimately up to congress to keep families together. 

"Congress can address the Flores problem, Congress can overrule the Flores Settlement," Strange said. "Congress can come up with a new set of rules, but that takes congressional action but that's probably why he titled this affording congress the opportunity to address family separation." 

As far as the families that have already split, Strange said a reunion is unlikely. 

"For those people who have been separated already, X number of people will never be re-united," Strange said. "That's just a reality. These are poor people with limited resources, and limited options. A percentage of these families will never be reunited." 

Strange said the President's scare tactic is not going to work with the mindset of a Central American Parent.  

"What he's failing to realize is that parents will do extraordinary things when they are coming from places where there's rampant violence, rampant government corruption, rampant poverty, and no way to provide a life for their children," Strange said.

A Justice Department Attorney said the administration will file a challenge to the Flores Settlement, asking a judge to allow families to be detained together indefinitely. 

The Department of Health and Human Services reported it is caring for about 11,800 migrant children, but the majority arrived without parents or another adult. 2,300 children have been separated from their parents under the administration's "zero tolerance" policy. 

Powered by Frankly
All content © Copyright 2000 - 2019 RAMAR. All Rights Reserved.
For more information on this site, please read our Privacy Policy, and Terms of Service, and Ad Choices.