Who’s Really to Blame at the Border?
Article subtitle:
The current distress and hysteria is the fault of illegal aliens and their enablers in the courts.
Article publisher:
City Journal
Article date:
23 June 2018
Article category:
Our American Future
Medium
Article Body:
So it was a ruse. The hysteria over the separation of illegal-alien asylum-seekers from their children (or their purported children) was in large part pretextual. The real target of rage was the Trump administration’s policy of prosecuting all illegal border-crossers for the federal misdemeanor of illegal entry.
In April, U.S. Attorney General Jeff Sessions announced a “zero-tolerance” policy for illegal entry. Henceforth, virtually all aliens caught entering the country illegally would be held for prosecution, rather than being released on their own recognizance for a later noncriminal deportation proceeding, to which few ever showed up. (This new enforcement policy would have come as a surprise to anyone who had fallen for the advocates’ decades-long lie that illegal entry is not a crime.) Under the new policy, even if the adult had brought a child with him across the border—the usual accoutrement of an asylum-seeker, for reasons explained below—the adult would still be prosecuted. The adult would be held in a U.S. marshal’s facility pending trial, while the child would be placed in a dormitory run by the U.S. Health and Human Services department, since children cannot be held in criminal lockups.
Images of child border-crossers, separated from their adult companion and crying or looking upset—and the experience would undoubtedly be traumatic for most young children—triggered nonstop coverage of Trump administration cruelty. MSNBC and CNN set up border encampments from which reporters and pundits pontificated on the child-separation crisis. ...
On Wednesday, Trump called their bluff. He signed an executive order that would house illegal-alien adults with minors in Department of Homeland Security or other government facilities. The zero-tolerance policy, however, would continue. Democratic politicians and illegal alien advocates immediately cried foul. ...
The Harvard Kennedy School’s Juliette Kayyem told CNN’s Don Lemon on Wednesday night: “The real problem is Sessions’ decision to prosecute [illegal border crossers] 100 percent.”...
A long-running class-action lawsuit in the U.S. Ninth Circuit Court of Appeals, originally styled Flores v. Reno, has held that alien minors cannot be confined by the government for longer than 20 days. This 20-day cap contributed to the flood of Central American child-toting asylum seekers that picked up steam during President Obama’s second term. Asylum petitions typically take months, if not years, to adjudicate, given the long backlog of such cases in the immigration courts. If an adult crosses the border alone and utters the magic asylum words—a fear of persecution in his home country—he could in theory be held in detention until his asylum claim was adjudicated. If, however, he brings a child with him and makes an asylum pitch, he puts the government to a choice: detain the adult separately until his claim is heard and release the child after 20 days, or release both adult and child together....
The Obama administration usually chose the second option. Word coursed through Mexico and Central America that taking a child across the border was a get-out-of-jail-free card that would exempt its holder from both criminal prosecution and detention....
It is to Judge Gee that the Trump administration will now make its appeal to lift the 20-day confinement cap. The chance that she will agree to do so is zero. Unless that ruling is overturned on appeal or Congress changes the relevant law, the administration will have two choices: try to get asylum hearings down to 20 days, or abandon its universal prosecution policy and resume catch-and-release at the border for adults with children....
Underlying this episode were several cardinal principles of left-wing activism: that favored victim groups must never be held responsible for their actions, and that policy should be made based on immediate claims of need, with no regard to long-term consequences. The reigning assumption during the family-separation meltdown was that the adults who brought children with them across the border had no responsibility for their subsequent plight. The only actor with agency was the federal government; it alone bore the blame for alien minors being placed in detention facilities. Yet the but-for cause of the child separation was the adult’s decision to cross illegally into the U.S., child in tow. If you don’t want to be separated from your or another person’s child, don’t cross the border illegally....
The “progressive” solution to these dilemmas is to confer an immediate benefit on the alleged victim that will alleviate the problem in the short term, perverse incentives be damned. Illegal aliens with children must be exempt from immigration rules. The likelihood that such a policy will encourage more illegal aliens to come is out of sight, out of mind (if not covertly viewed as an affirmative good)....