President Donald Trump’s new Executive Order does not back down on his “zero tolerance” enforcement of border laws, and it directs his lawyers to challenge the 1997 Flores court settlement which forces the Department of Homeland Security to release migrants with children in just 20 days.
because that would raise the question of whether officials should separate mothers from infants.
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.
The families will be kept at federal facilities overseen by the Department of Homeland Security, and Attorney General Jeff Sessions will seek the judiciary’s approval to end the 1997 Flores settlement which forces the release of migrants with children:
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 … … (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.