Actually it does by use of the term Juvenile facility.
The use of the term “Juvenile facility” does not mean and has never meant “separating children from families”.
There is Flores v Meese, Flores vs Reno and Flores settlement. There is also the review during 2014 of all those cases which the 9th Circuit ruled as national law against Obama administration practice of putting children in the general population hence my link. Of course you can continue to ignore all of that. After all you stated there is nothing in the law requiring separation but clearly that is false by the two citations I have made
Yes, I stated it before and I'll state it again: Nothing in these cases necessitates or requires separation of children from their parents. Flores vs. Meese addressed the strip searching of minors. Reno vs. Flores originally addressed
unaccompanied minors and
families being detained for prolonged periods. Neither ruling requires the separation of children or individual family members.
You are missing the point. This is is an application of law issue. The law provides a selection of options. The policy is completely legal in only picking the one option.
However by picking the one option it follows it's guidelines which require separation. The policy is rigged but legal.
Your assertions are confusing.
Earlier you claimed my statement that the law didn’t require the separation of children from their parents was negated by the Flores decision. Now you claim the law provides it as an “option”. Are you claiming it’s an option that’s required, and if so, how is it an “option”?
If the law makes separating children from their parents is
optional, then there is nothing in the law that
requires separation. It becomes an issue of Administrative
policy, and not one of constitutional, Administrative, or Executive
law. The
policy is determined by the option the Administration wishes to enforce. If there were no option then Sessions would be correct…he is just following the law. If there is an option then he is simply following
policy.
Authorities are required to separate children if they believe there is child trafficking (or other “continuous victimization events”), involved. But viewing all illegal immigrants as child traffickers (in essence, treating all illegal crossings as criminal rather than misdemeanor violations…which is what Sessions is doing now) would be a
policy decision as there is
no law that presumes all illegal immigrants to be child traffickers. I think it’s important for us, as Americans, to understand and discern the difference and not become obfuscated when someone points to a law.
Lastly, I would just like to say the Administration has already admitted the current crisis is due to their “Zero Tolerance”
policy, and not due to any “Zero Tolerance”
law. But even if there were such a “law” I’m not following why anyone here would support, defend or condone it.
The separation of children from parents during the slave trade was perfectly legal and “lawful”. But I would have been hard pressed to find anyone on this forum claiming such a law was moral much less “on the books”, “legal” or “properly enforceable” two years ago. It seems America has moved from “Separate detention centers for kids whose parents commit misdemeanors…are you kidding me?” to “Sure, so what’s the problem?” in a relatively short expanse of time.
(c)
Juvenile coordinator.
The case of a
juvenile for whom detention is
determined to be necessary should be
referred to the ‘‘Juvenile Coordinator,’’
whose responsibilities should include,
but not be limited to, finding suitable
placement of the juvenile in a facility
designated for the occupancy of
juveniles. These may include juvenile
facilities contracted by the Service, state
or local juvenile facilities, or other
appropriate agencies authorized to
accommodate juveniles by the laws of
the state or locality.
(d)
Detention.
In the case of a juvenile
for whom detention is determined to be
necessary, for such interim period of
time as is required to locate suitable
placement for the juvenile, whether
such placement is under paragraph (b)
or (c) of this section, the juvenile may
be temporarily held by Service
authorities or placed in any Service
detention facility having separate
accommodations for juveniles.
You have to read the law in context and not just pick out the parts you like...it's like any exegesis.
There is no law that says immigrant children must be taken away from their parents and placed in juvenile detention if their parent cross the border illegally. This law doesn't state it and no American law does.
His EO is unconstitutional as it overrides law and court rulings.
Then someone will need to find other court rulings and laws and explain that to Trump.