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‘Trump is not at all required to migrant children of parents separating’

Donald Trump hides behind legislation to the break-up of migrantenfamilies to justify. But it is by no means mandatory, say experts, even though it claims to be the president of something else. With a presidential decision is an explicit prohibition even easy to achieve.

“Change the law!’, shouted the American president Donald Trump Monday night virtual on Twitter. This took the Republican president re-his Democratic predecessor, Barack Obama and …

“Change the law!’, shouted the American president Donald Trump Monday night virtual on Twitter. This took the Republican president re-his Democratic predecessor, Barack Obama and the current Democratic opposition to the grain. Which are, according to Trump, are responsible for the separation of immigrant children and their parents at the border between the U.S. and Mexico. Because according to Trump and his associates prevent the Democrats a legislative amendment that that is impossible.

Crying children

On the breaking up of migrantenfamilies, inter alia, by a sound recording of crying children, more and more criticism, even from Republican corner. “This zero-tolerance policy is cruel, it is immoral and it breaks my heart,” declared Laura Bush, wife of the last Republican president, George W. Bush, in an op-ed in the Washington Post. Also first lady Melania Trump dropped Sunday critical of the policies of her husband.

But the president maintains just the law, ” says Sarah Huckabee Sanders, the spokesman of the White House. ‘The separation of illegal families is the result of legal loopholes that the Democrats for decades, refusing to close”, what it sounds like. Republican speaker of Paul Ryan, supported by his partijgenoot and Congressman Chuck Grassley, cites case-law to to to the border happens’ to explain.

More specifically it relates to ‘Flores v. Meese’ or ‘Flores v. Reno’ from 1997. It was decided that minors as soon as possible from prison is released, which release is unnecessarily delayed by the search for a parent or guardian. In 2015, laid out a court in California finds that case law applies not only to unaccompanied minors but also for minors who, together with their parents will be arrested. Trump read that for minor migrants or her to be searched, while their parents are in detention centers are being held.

Bridge too far

Donald Trump, however, is the first president that the case law in that strict way to interpret and apply. Both the Democratic president Barack Obama as his predecessor, the Republican George W. Bush, was the migrant children of their parents separating a bridge too far.

In addition, dots legal experts and immigratieadvocaten in American media, is the splitting of a parent and a child only a suggestionand not required. “It is not at all required,” says Denise Gilman of the Texas School of Law and Peter Schey of the Center for Human Rights in Los Angeles. Trumps policy is a “reverse interpretation” of the law, find a lawyer Muzaffar Chishti, a lawyer at the Migration Policy Institute in Washington. Rick Su of the university of Boston adds: “The law wants the children out of the prison, but that requires not the separation of children from parents.’

According to American media, there are still a few other laws which, in the light of migrantendetentie may be relevant. So there is the law against “unauthorized access” to American territory, where sentences and penalties be specified for anyone who is in the U.S. unlawfully enters, but without any specific rules for children. The US worked from 2008 to 2014 at a beschermingsstatuut for victims of trafficking in human beings. It is explicitly stated that children up to 72 hours in a detention centres may be held. Only that does not at all mean that they are therefore when their parents are removed.

Presidential decision

The Us Congress have absolutely no laws to change to the separation of children and parents to prevent. Would Trump still an explicit prohibition, then he can relatively easily and quickly, Congress to get around a presidential decision – something he did in the past not shy to turned out to sit.

Still, the president has the responsibility to unload and is looking forward to the meeting between Trump and the Republicans in the House. There are two new bills on immigration discussed the scheidingsbeleid a halt could cry. But it is far from established that one of the two proposals, it also retrieves.

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