Well, he did it. Trump actually signed an Executive Order to stop the family separation problem at the border, and now everyone can relax because the problem has been solved. Right? Even Ivanka, congratulated her Daddy and tells us to move on: "Now that an EO has been signed ending family separation at the border, it is time to focus on swiftly and safely reuniting the families that have been separated. "
Well...not exactly. The order itself does not override the Flores v. Reno Supreme Court case from 1993, a case that says migrant children can’t be held in government detention facilities for more than 20 days. Which means those kids can and likely will be separated from their parents after the 20 days have expired.
Right now, ICE is separating families that cross illegally, but with the new order they will be held in detention centers together. Which sounds like a good thing.
However, when 20 days have passed, those kids are still going to be taken away from the parents because Sessions’ zero-tolerance policy will keep officials from releasing the entire family.
According to Nancy Cordes of CBS News, most of the lawmakers in Washington see the order as merely a band-aid, and they agree that congressional legislation will be required to truly reach a solution. However, they will need Trump to cool it with the zero-tolerance policy until the problem can be resolved.
The Flores settlement dates back to mistreatment of unaccompanied minors in the 1980s
The Flores settlement now at the center of the family separation crisis has a 30-year history. In the 1980s, several lawsuits were filed over the treatment of unaccompanied minors who were in the care of the US government. One was filed by the American Civil Liberties Union in 1985 on behalf of Jenny Lisette Flores, a 15-year-old from El Salvador. She had fled her home country to find an aunt who was living in the United States, but she was detained by federal authorities at the US border.
Flores and other minors in federal custody sometimes had to share sleeping quarters and bathrooms with unrelated adult men and women. Flores was strip-searched regularly, and she was told she could only be released to her parents, not her aunt. The ACLU asserted in its lawsuit that Flores and other unaccompanied children had a constitutional right to be released to “responsible” adults. The case went through several federal courts before reaching the Supreme Court in 1993, and the high court mostly sided with the government. But the real consequence was a consent decree agreed to by the Clinton administration and the plaintiffs in the litigation in 1997. The decree, known as the Flores settlement, set standards for unaccompanied minors who were in the custody of federal authorities.
Read more about what the order does and doesn’t do, “Trump's executive order only protects against family separation for 20 days” posted by CBS News on June 20, 2018