Posted on 06/20/2018 12:51:07 PM PDT by NobleFree
By the authority vested in me as President by the Constitution and the laws of the United States of America, including the Immigration and Nationality Act (INA), 8 U.S.C. 1101 et seq., it is hereby ordered as follows:
Section 1. Policy. It is the policy of this Administration to rigorously enforce our immigration laws. Under our laws, the only legal way for an alien to enter this country is at a designated port of entry at an appropriate time. When an alien enters or attempts to enter the country anywhere else, that alien has committed at least the crime of improper entry and is subject to a fine or imprisonment under section 1325(a) of title 8, United States Code. This Administration will initiate proceedings to enforce this and other criminal provisions of the INA until and unless Congress directs otherwise. It is also the policy of this Administration to maintain family unity, including by detaining alien families together where appropriate and consistent with law and available resources. It is unfortunate that Congress’s failure to act and court orders have put the Administration in the position of separating alien families to effectively enforce the law.
Sec. 2. Definitions. For purposes of this order, the following definitions apply:
(a) “Alien family” means
(i) any person not a citizen or national of the United States who has not been admitted into, or is not authorized to enter or remain in, the United States, who entered this country with an alien child or alien children at or between designated ports of entry and who was detained; and
(ii) that person’s alien child or alien children.
(b) “Alien child” means any person not a citizen or national of the United States who
(i) has not been admitted into, or is not authorized to enter or remain in, the United States;
(ii) is under the age of 18; and
(iii) has a legal parent-child relationship to an alien who entered the United States with the alien child at or between designated ports of entry and who was detained.
Sec. 3. Temporary Detention Policy for Families Entering this Country Illegally. (a) The Secretary of Homeland Security (Secretary), shall, to the extent permitted by law and subject to the availability of appropriations, maintain custody of alien families during the pendency of any criminal improper entry or immigration proceedings involving their members.
(b) The Secretary shall not, however, detain an alien family together when there is a concern that detention of an alien child with the child’s alien parent would pose a risk to the child’s welfare.
(c) The Secretary of Defense shall take all legally available measures to provide to the Secretary, upon request, any existing facilities available for the housing and care of alien families, and shall construct such facilities if necessary and consistent with law. The Secretary, to the extent permitted by law, shall be responsible for reimbursement for the use of these facilities.
(d) Heads of executive departments and agencies shall, to the extent consistent with law, make available to the Secretary, for the housing and care of alien families pending court proceedings for improper entry, any facilities that are appropriate for such purposes. The Secretary, to the extent permitted by law, shall be responsible for reimbursement for the use of these facilities.
(e) The Attorney General shall promptly file a request with the U.S. District Court for the Central District of California to modify the Settlement Agreement in Flores v. Sessions, CV 85-4544 (“Flores settlement”), in a manner that would permit the Secretary, under present resource constraints, to detain alien families together throughout the pendency of criminal proceedings for improper entry or any removal or other immigration proceedings.
Sec. 4. Prioritization of Immigration Proceedings Involving Alien Families. The Attorney General shall, to the extent practicable, prioritize the adjudication of cases involving detained families.
Sec. 5. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented in a manner consistent with applicable law and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
Getting that wall built would stop a lot of this ridiculousness.
Bkmrk.
Building an electric fence sounds better..its cheaper and more effective..you see them in Israel, you touch one, instant crispy critter
Looks good to me.
Now with the firestorm doused, Trump can veto any bad bill submitted by Ryan.
No catch and release. Keeps zero tolerance.
The kids can now cool their heels in custody with their parents. Use military or other Government facilities, beyond just HHS.
Prioritize getting their cases before judges, and get the 20 day consent decree changed.
[Building an electric fence sounds better..its cheaper and more effective..you see them in Israel, you touch one, instant crispy critter]
And if that doesn’t work, putting a wood chipper with the chute pointing across the border.
e.g. "b) The Secretary shall not, however, detain an alien family together when there is a concern that detention of an alien child with the child’s alien parent would pose a risk to the child’s welfare.
Cheese and Rice!!!
When dealing with snakes and skunks, the preparation and response must be commensurate!
Or prepare to see the Executive Order used to wipe the floor with...
Someone last night on twitter posted something quite hilarious..he said “Lets get these illegals to vote Republican..Pelosi and Schumer will run to the border with their shovels and build the wall in a day” LOL
FWIIW,here is my solution:
Once across the border and captured, ALL (men, women, children, families, etc. etc.) illegal border crossers should be identified, photographed, fingerprinted, submit a DNA sample, have that information entered into a secure data base and then IMMEDIATELY escorted back to the border and sent on their way!
Furthermore, ICE should follow the same procedure for ALL illegal aliens captured in the USA!
DEPORT EVERY DAMN ONE OF THEM!
As you confess to not being a Lawyer then leave the wording to those who are familiar wit the structure and lexicon needed to provide correct use and enforcement
The clause means that where there is an issue of possible child abuse or other danger to the child, the child will not be housed with “the family”. It is not a loophole against detaining the parents. It is a provision to protect the child from being housed with abusive parents.
And no, you are not a lawyer.
Excellent idea, Sarah Barracuda.
Electric fences keep our critters in place. Ought to work for people, too.
Just sayin’...
Late to the game, I see.
That's exactly what I've been proposing for a couple of years now. But it hasn't seemed to occur to our elected criminals and appointed criminal bureaucrats.
I see the instant objection of the charge of violation of the criminal invaders' rights (which of course are superior to American Citizens' rights.)
What you propose would be permanent records to identify every obnoxious fraudulent criminal for the permanent ban list.
The seriously carriers of deadly diseases, The liars claiming non-existent blood relationship, the adults masquerading as children, the child sexual trafficers, the incest which is the duty of the Mexican legal system, etc.
Makes too much sense.
Probably not possible, but one solution would be to close the Southern border to all without legal authorization (visas, work permits) until a satisfactory immigration law is passed. Asylum seekers cannot enter until the law is passed. That will provide motivation to get the job done. The public must also speak out against amnesty.
Anyone caught entering other than a manned crossing needs to be escorted to an official entry point and removed from the US.
Immigration law as it used to be with quotas assigned for each continent and a thorough process for applicants is best.
Anyone who has entered illegally should never be granted citizenship - work permits OK in some cases such as for agricultural jobs, but never citizenship - Illegal entry a disqualifier. That condition alone will keep them out.
In other words the EO is a NOOP.
Reason, logic and common sense?
Applied to solve a problem?
What a novel idea!
Shux! And I thought I had another original idea!
If I am “late to the game,” then we both need to spread our reason, logic and common sense far and wide!
Others need to know!
Sec. 3. Temporary Detention Policy for Families Entering this Country Illegally.
(c) The Secretary of Defense shall take all legally available measures to provide to the Secretary, upon request, any existing facilities available for the housing and care of alien families, and shall construct such facilities if necessary and consistent with law. The Secretary, to the extent permitted by law, shall be responsible for reimbursement for the use of these facilities.
____________________
Great clause- the SECDEF legally cannot place illegal immigrants on military and naval facilities w/o violating federal law. Only in a secured area with housing units/facilities and services etc could this action be accomplished. I told BRAC folks we should have kept all our closed bases and stations....But no, they sold them all to developers for pennies on the dollar.
Try to get on post/base/station w/o a valid REAL ID act type ID. Unless there are facility available that have no useful military or naval purpose or activities going on ( vacant but under DOD control, there likely won’t be any illegals being housed next to our heroes and their families. Besides, do you think commander are excited about the pushback from families of personnel who live on the installations? Ya think these illegal families will walking around the PX/BX and commissaries? Snort!
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