Trump reluctantly returns to 'catch and release' for immigrants, for now
President Trump, judging by his words and actions, hates illegal immigration and any policy put in place by his predecessor, former President Barack Obama. But like Obama, he is finding his immigration policy constrained by a 1997 consent decree, court rulings, and public opinion. So for now, The New York Times says, the Trump administration is "effectively returning to the 'catch and release' policy that President Trump promised to eliminate." Federal officials say border agents have stopped referring migrant parents with children for prosecution, and migrant parents with kids under 5 are being fitted with ankle bracelets and released into the community.
"Catch and release is a term with no legal definition and has been used as a pejorative alternative to jailing illegal immigrants," and ending the policy has been a top priority for Trump and the border agent union that endorsed him, the Times notes. "The use of ankle bands for migrant families may be short-lived," however.
In court on Tuesday, Justice Department lawyers told U.S. District Judge Dana Sabraw that the Trump administration believes it can force migrant parents to choose between waiving their right to keep custody of their children while they await legal proceedings or agreeing to be detained as a family for more than the 20 days typically allowed under the Flores agreement consent decree. Sabraw said he would consider allowing that choice and asked the government lawyers and ACLU attorney representing the migrants what would happen if the parents declined to waive either right. ACLU lawyer Lee Gelernt said the parents would have to sue the government, but "we are hopeful the government will do the right thing."
Subscribe to The Week
Escape your echo chamber. Get the facts behind the news, plus analysis from multiple perspectives.
Sign up for The Week's Free Newsletters
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
In any case, the Health and Human Service Department, which houses the forcibly separated migrant kids, is preparing for a huge surge in child separations, diverting funding from other HHS programs, Slate reports, citing internal HHS documents.
Create an account with the same email registered to your subscription to unlock access.
Sign up for Today's Best Articles in your inbox
A free daily email with the biggest news stories of the day – and the best features from TheWeek.com
Peter has worked as a news and culture writer and editor at The Week since the site's launch in 2008. He covers politics, world affairs, religion and cultural currents. His journalism career began as a copy editor at a financial newswire and has included editorial positions at The New York Times Magazine, Facts on File, and Oregon State University.
-
'A direct, protracted war with Israel is not something Iran is equipped to fight'
Instant Opinion Opinion, comment and editorials of the day
By Harold Maass, The Week US Published
-
Today's political cartoons - April 17, 2024
Cartoons Wednesday's cartoons - political anxiety, jury sorting hat, and more
By The Week US Published
-
Arid Gulf states hit with year's worth of rain
Speed Read The historic flooding in Dubai is tied to climate change
By Peter Weber, The Week US Published
-
Why Johnson won't just pass Ukraine aid
Speed Read The House Speaker could have sent $60 billion in military aid to Ukraine — but it would have split his caucus
By Peter Weber, The Week US Published
-
Sudan on brink of collapse after a year of war
Speed Read 18 million people face famine as the country continues its bloody downward spiral
By Peter Weber, The Week US Published
-
Trump's first criminal trial starts with jury picks
Speed Read The former president faces charges related to hush money payments made to adult film star Stormy Daniels
By Peter Weber, The Week US Published
-
How will Israel respond to Iran's direct attack?
Speed Read Iran’s weekend attack on Israel could escalate into a wider Middle East war
By Peter Weber, The Week US Published
-
US, Israel brace for Iran retaliatory strikes
Speed Read An Iranian attack on Israel is believed to be imminent
By Peter Weber, The Week US Published
-
Congress honors real-life Rosie the Riveters
Speed Read These American women reshaped the work force during World War II
By Peter Weber, The Week US Published
-
Outgunned Ukraine could fall, US general warns
Speed Read Without more US aid, Ukraine is at risk of losing the war
By Peter Weber, The Week US Published
-
House GOP scuttles FISA vote at Trump's urging
Speed Read Right-wing lawmakers blocked Speaker Mike Johnson's surveillance bill
By Rafi Schwartz, The Week US Published