"I hate the children being taken away. The Democrats have to change their law." 
 
 Evan Vucci / AP 
 
 President Donald Trump said Friday morning that his administration was separating immigrant children from their parents at the border because it's "the law" and a law created by Democrats — which is not true. "I hate the children being taken away. The Democrats have to change their law. That's their law," Trump said during an impromptu press conference outside the White House on Friday morning. 
 
 Fox News 
 
 There is no law that determines children must be taken away from their parents when they cross the border. Crossing the border illegally is a federal misdemeanor, and recrossing illegally is a felony, but there is no law mandating the separation of families that cross the border illegally. Instead, the increase in family separation, which has seen hundreds of immigrant children detained and kept apart from their parents, comes from a zero-tolerance policy introduced by the Trump administration and Attorney General Jeff Sessions. 
 
 Trump instead blamed Democrats. "The children can be taken care of quickly, beautifully, and immediately. The Democrats forced that law upon our nation. I hate it. I hate to see separation of parents and children," Trump inaccurately said. Previously, the policy of the Homeland Security Department was that children would be removed from parents if the parents were referred for criminal prosecution. The new zero-tolerance policy means everyone crossing the border illegally is being prosecuted. 
 
 But with Trump hoping that Democrats will agree to an immigration bill that would include funding to build a wall between the United States and Mexico, he continued to blame Democrats publicly. "That is a Democrat bill. That is Democrats wanting to do this," said Trump. On Thursday, other Trump administration officials also repeatedly declared the administration policy "the law," including Sessions and White House spokesperson Sarah Huckabee Sanders in a heated argument with reporters. The president crossed the White House lawn on Friday morning for a surprise TV appearance on Fox and Friends. 
 
 Donald Trump walking down the White House lawn so he can make a surprise live appearance on his favorite TV show is just completely bonkers https://t.co/3VzN44TlKQ ||||| (CNN) President Donald Trump blamed Democrats for the separation of families at the US border Friday, a response he's repeatedly made to criticism his administration has faced since it adopted a policy that results in far more children being separated from their parents. 
 
 "The Democrats forced that law upon our nation," Trump told reporters at the White House. "I hate it. I hate to see separation of parents and children. The Democrats can come to us as they actually are in all fairness, we are talking to them, and they can change the whole border security. We need a wall. We need border security. We've got to get rid of catch and release." 
 
 The President's comments are significant given how his administration is operating and what Congress is trying to do to address a variety of immigration and border security issues. Just 24 hours ago, House Republicans unveiled legislation aimed at both addressing Trump's priorities on immigration as well as possibly make changes to protocol to address family separation (more on that below). 
 
 To add some clarity here given this morning's (and the last few weeks) comments, here's where things stand: 
 
 On the 'compromise' GOP legislation, and the 'fix' on separation 
 
 Yes, a compromise bill worked out by House GOP leaders, moderates and conservatives addresses the issue of separating parents from their children, through overturning a settlement that stipulates children cannot be detained more than three weeks so that families are kept together but doing so would allow entire families to be detained indefinitely. House Speaker Paul Ryan cited that settlement on Thursday as the reason this was happening in the first place. 
 
 But -- and this is a key: the bill does nothing to prohibit the criminal prosecution of parents who cross the border illegally, i.e. the current Trump Administration policy that is driving the separation (children can't be brought into the criminal justice system). 
 
 In other words: It does nothing to stop the current policy. It just requires the government to keep them together when in the custody of the Department of Homeland Security. 
 
 So here's the bottom line: the bill touches on the issue, but it's hardly a fix. 
 
 As one Democratic staffer told CNN: "The answer to separating families is not to put them behind bars." 
 
 Where are Democrats on the separation policy and new legislation? 
 
 Democrats want the administration to reverse the policy. 
 
 House Democratic Leader Nancy Pelosi told reporters on Thursday she sees "no prospects" for a legislative fix. Democrats aren't even talking to Republicans about a legislative fix -- neither in the broader immigration bills to be considered next week or in a more targeted manner. 
 
 They are going to the border to highlight the issue. They have marched to highlight the issue. This is a very motivating issue for them. But they see the mechanism for addressing it sitting purely with the executive branch. 
 
 Is this the fault of Democrats, as Trump has continued to claim falsely for weeks? 
 
 No. This was a deliberate policy shift by the Trump administration. They have the power to unilaterally reverse it. It's legal, no question, but it's purely the administration's decision. 
 
 The more nuanced point from the administration is that this is something that can and should be addressed by broader immigration legislative efforts, and that Democrats are blocking those efforts. It's correct that Democrats aren't in the room on the current House effort. But this is far more a Republican issue than Democrat one. Here's why: 
 
 1. The President's immigration bill got all of 39 votes in the Senate (the bipartisan effort also fell short of the 60 votes needed to move forward, but received more support.) 
 
 2. Senate Majority Leader Mitch McConnell has explicitly said the Senate won't take up any immigration legislation again unless the House passes it and the President is explicit he will sign it (more on that below). 
 
 3. The House Republican effort has been a purely partisan one -- Democrats aren't in negotiations, being consulted, or expected to provide any "yes" votes given the conservative turn even the compromise bill has taken 
 
 4. Even the GOP-only effort in the House, which is scheduled to be considered next week, is a long way away from having enough to pass at this point. 
 
 5. The President, in Friday's Fox News interview, said he's opposed to the GOP moderate-negotiated House bill. This is a kill shot to the entire House exercise, whether they manage the scrounge together the votes or not. 
 
 Bottom line: The Trump administration implemented the current separation policy. 
 
 While it's designed, as Attorney General Jeff Sessions describes it, to have a deterrent effect, it's also a negotiating play to try and force Democrats to the table on immigration legislation the President favors. 
 
 But Democrats aren't in the room on those legislative efforts and the President just nuked the lone House GOP effort that had a shot at passage. And the Senate wants no part of this. 
 
 So its prospects -- and any effort in the near future to prevent families from being separated at the border -- aren't looking good. ||||| “We have to break up families. The Democrats gave us that law. It’s a horrible thing where you have to break up families. The Democrats gave us that law and they don’t want to do anything about it.” 
 
 — President Trump, in a round table on sanctuary cities in California, May 16, 2018 
 
 “Yet this administration is separating kids from their parents and unable to account for 1,500 lost children! Shame.” 
 
 — Sen. Tim Kaine (D-Va.), on Twitter, May 27, 2018 
 
 Trump blames Democrats for a law that separates undocumented immigrant children from their families. Some Democrats blame Trump’s administration for losing track of nearly 1,500 immigrant kids. 
 
 None of this is accurate. 
 
 We’ve fact-checked many claims about the border, and it’s clear that the latest spin from both sides deserves a turn under the microscope. However, since this is a roundup of multiple claims, we won’t be giving Pinocchio ratings. 
 
 Let’s dig in. 
 
 The Facts 
 
 These claims mostly revolve around “catch and release,” the practice by U.S. authorities of releasing children and asylum seekers into the community while they await immigration hearings. Many fail to show up for their hearings and remain in the country without legal authorization. 
 
 The Trump administration says these legal “loopholes” abet the trafficking of children while allowing smugglers and bad actors to profit. Immigration and civil rights groups say that it’s misleading to portray the asylum process as a loophole and that, in recent years, thousands of people legitimately have sought refuge in the United States from the violence in El Salvador, Guatemala and Honduras. 
 
 ‘We have to break up families. The Democrats gave us that law.’ 
 
 Trump says his administration’s policy of separating children from their families can be traced back to a Democratic immigration law. But as we’ve reported, catch and release is not a single law so much as a collection of policies and court rulings spanning Democratic and Republican administrations. We gave the president Three Pinocchios in April when he tweeted that catch and release was a “liberal” and “Democrat” law. 
 
 In a briefing with reporters on May 29, Stephen Miller, a senior policy adviser to Trump, explained the president’s rationale for pinning these policies on Democrats. The gist of it is that these laws may or may not be Democratic creations, but Democrats own them because they don’t support Trump’s more-restrictive immigration agenda. 
 
 Put pressure on the Democrats to end the horrible law that separates children from there parents once they cross the Border into the U.S. Catch and Release, Lottery and Chain must also go with it and we MUST continue building the WALL! DEMOCRATS ARE PROTECTING MS-13 THUGS. — Donald J. Trump (@realDonaldTrump) May 26, 2018 
 
 “It’s a pretty straightforward issue,” Miller said. “Near-unanimous Republican agreement about the need to change law and policy in order to close those loopholes, and the Democrats are opposing them.” 
 
 It’s quite a stretch to say there’s “near-unanimous Republican agreement” on this agenda or unified opposition by Democrats. The Secure and Succeed Act, sponsored by Sen. Charles E. Grassley (R-Iowa), failed 39 to 60 in the Senate in February. The White House backed this proposal, which got 36 of 51 GOP votes and three Democratic votes, far short of passage. Three other immigration proposals, backed by broader mixes of Republicans and Democrats, each got more than 50 votes — enough to pass if there had not been a procedural vote requiring 60 votes. 
 
 Miller mentioned the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008, a law signed by President George W. Bush, a Republican. The TVPRA is meant to give safe harbor to victims of human trafficking and says unaccompanied children “are exempt from prompt return to their home country,” unless they come from Canada or Mexico, according to the Department of Homeland Security. Children fleeing violence in El Salvador, Guatemala and Honduras are covered by this law. 
 
 Miller also mentioned the “Flores settlement” from 1997. This legal agreement struck by President Bill Clinton’s administration requires the federal government to release rather than detain undocumented immigrant children, first to their parents if possible, to other adult relatives if not, and to licensed programs willing to accept custody if no relatives are available. As a last resort, U.S. officials may place children in the “least restrictive” setting available. 
 
 A federal judge in California ruled in 2015 that the Flores settlement covered all children in immigration officials’ custody, regardless of whether they were apprehended at the border alone or with family members. The judge’s ruling also covered any accompanying parents. But the U.S. Court of Appeals for the 9th Circuit reversed the latter part of the ruling and said the Flores settlement required only that children, not parents, be released. Therefore, the government is required to keep immigrant children and their parents together only for a limited time. 
 
 But none of these legal developments requires the Trump administration to separate children from their families. Instead, separations are rising in large part because of a “zero tolerance” policy implemented by Attorney General Jeff Sessions. In April, Sessions directed prosecutors to charge as many illegal entry offenses as possible. 
 
 Devin O’Malley, a Justice Department spokesman, said in the May 29 briefing that people charged with these offenses often are sentenced to time served and transferred to the Department of Homeland Security for deportation. 
 
 So, on one hand, the Flores settlement and the TVPRA require that children be released. On the other, Sessions’s zero-tolerance policy subjects any accompanying parents to criminal prosecution and eventual deportation. 
 
 Laying this on Democrats does not track with reality. The TVPRA was signed by Bush, and the Flores settlement is a court-approved agreement, not a law. Nothing required the Trump administration to separate children from their families until Sessions’s zero-tolerance policy made it a practical necessity. 
 
 Miller also mentioned a Supreme Court ruling from 2001, Zadvydas v. Davis. The court ruled that immigrants who were under deportation orders — but whom no other country would accept — generally could not be detained by U.S. officials for more than six months. 
 
 Congress cannot pass a law that overturns this court ruling. It would require a constitutional amendment or a new Supreme Court ruling overturning Zadvydas. 
 
 Republican senators introduced legislation to narrow the scope of the ruling in 2014, allowing the Department of Homeland Security to retain custody of some individuals past the six-month deadline in special circumstances, including when the individual was deemed a threat to national security or had a highly contagious disease. Parts of this bill were folded into the Secure and Succeed Act. 
 
 The president asked Congress to allow U.S. Immigration and Customs Enforcement “to retain custody of illegal aliens whose home countries will not accept their repatriation,” so long as it is “consistent with the Constitution,” according to a statement of principles and policies he sent to Congress in October 2017. 
 
 “The administration has repeatedly advocated for the closure to federal immigration loopholes that would allow for the swift, safe, and expeditious return of illegal alien minors, adults, and families at the southern border,” White House deputy press secretary Hogan Gidley said. “However, the Democratic Party has repeatedly opposed these loophole closures in favor of preserving ‘catch-and-release’ policies that make a mockery of national sovereignty.” 
 
 A White House official said that “from October 2017 to this February, DHS saw a staggering 315 percent increase in illegal aliens using children to pose as family units to gain entry into the country, compared to the same time frame the previous year.” 
 
 The official also pointed to a column in the National Review by Rich Lowry. 
 
 “Separation happens only if officials find that the adult is falsely claiming to be the child’s parent, or is a threat to the child, or is put into criminal proceedings,” Lowry wrote. “It’s the last that is operative here. The past practice had been to give a free pass to an adult who is part of a family unit. The new Trump policy is to prosecute all adults.” 
 
 ‘This administration is separating kids from their parents and unable to account for 1,500 lost children!’ 
 
 This startling claim has spread like wildfire online; Kaine is not alone in tweeting it. Did the government suddenly lose track of 1,500 children? 
 
 In a word, no. 
 
 The Department of Health and Human Services resettled 7,635 children in the United States from October 2017 through December 2017, most of whom were fleeing violence in El Salvador, Guatemala and Honduras. 
 
 As I worshipped in Hampton Roads this morning, I couldn’t help but consider how Scripture commands compassionate treatment of migrants and refugees. Yet this administration is separating kids from their parents and unable to account for 1,500 lost children! Shame. https://t.co/oSyMYcS3y3 — Tim Kaine (@timkaine) May 27, 2018 
 
 As we noted, the Flores settlement requires that these children be placed with parents if they’re available, with other relatives if not, then in licensed programs or “least restrictive” settings if all else fails. 
 
 The HHS Office of Refugee Resettlement will place these children even with family members who themselves may be undocumented. “We’re not able to deny placement just because parents or family members are in the country illegally,” Steven Wagner, the acting assistant secretary of the Administration for Children and Families at HHS, told reporters in the May 29 briefing. 
 
 All 7,635 children were resettled by HHS. After 30 days, the department called the parents or guardians to check up on things. But these calls were not required by law, and in 1,475 cases, the parents or guardians did not respond, perhaps because they feared being targeted for deportation, Wagner said. 
 
 Wagner testified in April to a Senate subcommittee that, of the 7,635 children, 6,075 remained where they were placed, 52 had moved, 28 had run away and five were deported. That left 1,475 migrant children. Just because their parents or guardians did not return HHS’s phone calls after 30 days does not mean the children are missing, he said. 
 
 “We are not in custody of the children at that point,” Wagner said. “If you call a friend and they don’t answer the phone, you don’t assume that they’ve been kidnapped.” 
 
 Kaine’s tweet suggests the 1,500 children were separated from their families and then lost. That’s not what happened, since all 7,635 children were unaccompanied minors when they crossed the border and were resettled. 
 
 “Senator Kaine has serious concerns about the Trump administration’s policies that threaten to put kids in harm’s way, including the separation of parents and children at the border, the widely reported failure to account for nearly 1,500 children who came to the U.S. as unaccompanied minors, and the lack of protections for kids in the U.S. whose parents are arrested or detained by immigration authorities,” a Kaine representative said, adding later, “He was clearly listing facts about two separate Trump administration policies in his tweet, not conflating the two.” 
 
 It’s not the first time the government lost track of children in these situations. According to Wagner, in the past fiscal year, covering the tail end of Obama’s term and most of Trump’s first year, 14 percent of HHS calls were not returned. 
 
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 Share the Facts 2018-05-30 12:06:22 UTC Washington Post -1 -1 -1 Washington Post Rating: False Washington Post Rating: “We have to break up families. The Democrats gave us that law. It’s a horrible thing where you have to break up families. The Democrats gave us that law and they don’t want to do anything about it.” Donald Trump President https://factba.se/transcript/donald-trump-remarks-roundtable-sanctuary-california-may-16-2018 in a round table in California Wednesday, May 16, 2018 2018-05-16 Read More info ||||| The “compromise” immigration bill released Thursday night by Republicans in the House of Representatives is set to come to the House floor next week, alongside a more conservative alternative. It’s a sweeping plan that covers everything from border security (including a promise of $25 billion for Trump’s border wall); to a way for immigrants who are facing the loss of their protections under the Deferred Action for Childhood Arrivals (DACA) program to apply for legal status and ultimately (possibly) green cards and citizenship; to cuts to legal family-based immigration that are partially offset by expanding permanent employer-based immigration. 
 
 But House Speaker Paul Ryan and others are emphasizing a different aspect of the bill. They claim it would prevent the Trump administration from separating children from their parents at the US-Mexico border — a practice the administration made widespread in early May and that has resulted in the separation of hundreds of families a week. 
 
 They’re lying. 
 
 The Republican bill doesn’t outlaw family separation. It doesn’t stop the Trump administration from choosing to prosecute asylum seekers who enter the US between ports of entry (official border crossings) for illegal entry, which results in parents being sent into criminal custody without their children. And it doesn’t even force the government not to separate parents who do present themselves legally for asylum from their children — something that has also been happening, though isn’t as widespread. 
 
 What the House bill does is get rid of the extra legal protections that children and families have in immigration detention: a requirement that children be kept in the “least restrictive” conditions possible, and that they not be detained any longer than necessary. This means that if the family is kept together, their parents must be released with them. The Trump administration calls those protections “loopholes,” and blames them for “forcing” the administration to keep asylum-seekers in custody by separating families. 
 
 If the House bill passed, the Trump administration probably would stop separating families. Instead, it would be able to keep children and parents in ICE detention until their cases were resolved — that is, they could be in held in detention indefinitely. 
 
 The House bill allows kids and families to be detained by ICE indefinitely — which is what Trump has wanted all along 
 
 The Republican summary of the new bill (as reported by Leigh Ann Caldwell of NBC) claims that it ends family separation: “Accompanied alien minors apprehended at the border must not be separated from their parent or legal guardian while in DHS custody.” 
 
 There is no language like that in the bill. 
 
 What exists, however, in a section called “Clarification of Standards for Family Detention,” is a provision allowing ICE to detain immigrant children who come to the US with their parents or guardians in the same way it would detain adults: 
 
 There exists no presumption that an alien child who is not an unaccompanied alien child should not be detained, and all such determinations shall be in the discretion of the Secretary of Homeland Security. 
 
 That sentence would overrule a court agreement that’s been in place for the past 20 years, called the Flores agreement, that puts strict limitations on when the government can keep children in immigration detention. The Flores agreement requires that kids be released “without unnecessary delay,” and that they are kept in the meantime in the “least restrictive” conditions possible. 
 
 Courts have interpreted that agreement to mean that ICE can’t detain families for more than 20 days in most cases. 
 
 The Flores agreement doesn’t require the government to separate families. It just requires the government not to indefinitely detain children. But the Trump administration has decided to maximize the detention of asylum seekers, including parents, to prevent people from disappearing into the US as unauthorized immigrants after they’re released. (This is the so-called “catch and release” policy Trump has railed against.) 
 
 Rather than release parents with their children, therefore, the administration is separating families so the parents can be detained while the children (sent to the custody of HHS as “unaccompanied alien children”) are ultimately placed with sponsors. 
 
 The House bill allows the administration to keep families in immigration detention indefinitely. It doesn’t even specify that there are any additional conditions on how children can be detained — there’s nothing preventing the Trump administration from simply putting children in existing ICE detention centers for adults, rather than expanding detention centers designed for families. 
 
 Nothing in the bill requires ICE to keep parents and children together in detention. In fact, the mechanism that the Trump administration has generally been using to separate families — referring parents into the custody of the Department of Justice for prosecution — isn’t even addressed in the bill. 
 
 The only reason the House bill could possibly end the separation of families would be if the Trump administration decided that because they now didn’t have to release children from detention, they would stop prosecuting parents, and they would make an effort to keep families together in ICE detention. 
 
 But even then, that just means that children would be held in facilities that are essentially jails with their parents for months, or even years, until they ultimately received legal status — or, more likely, until they were finally deported. ||||| President Trump Donald John TrumpJimmy Fallon responds to Trump: I'll donate to pro-immigrant nonprofit in his name South Carolina GOP candidate expected to make full recovery after car accident Official: US to present North Korea with timeline, 'specific asks' MORE on Friday again blamed Democrats for his administration’s policy of separating migrant children from their parents at the border. 
 
 In an impromptu interview on “Fox & Friends,” Trump said he “hates” the policy, and claimed the Democrats could change the “law” if they voted with Republicans on immigration reform. 
 
 “Democrats forced that law on the nation,” he said. 
 
 ADVERTISEMENT 
 
 Trump’s Attorney General, Jeff Sessions Jefferson (Jeff) Beauregard SessionsMigrants told they’ll be reunited with children if they sign voluntary deportation order: report Christie: Trump 'enormously ill-served' by DOJ on 'zero tolerance' policy 'Occupy ICE' protests emerge across the country MORE, enacted a “zero tolerance” policy at the border last month, mandating that everyone apprehended illegally entering the U.S. will face criminal charges. 
 
 The policy is resulting in parents being separated from their children while facing legal prosecution. 
 
 Sessions says the measure is necessary to increase border security. Trump has blamed Democrats in the past for the policy, citing inaction on immigration reform. 
 
 The policy has drawn significant criticism from lawmakers and immigration advocates, who have raised concerns about the treatment of migrant children in custody. The White House has repeatedly defended the policy. 
 
 Trump said on Friday during the same interview that he would refuse to sign the more “moderate” of two immigration bills proposed by the House GOP. 
 
 Republican leaders agreed to hold two votes next week on a compromise immigration bill that included a measure that would end the separation of migrant children and parents at the border, and on a more hard-line immigration measure.
– Lawmakers from both parties have been criticizing the Justice Department's tough new policy that requires immigrant children to be separated from their parents at the border. On Friday, President Trump joined the critics, with a familiar caveat. "I hate it," he said. "I hate to see separation of parents and children." But he suggested the administration had no choice, asserting that "the Democrats forced that law upon our nation." A host of outlets, including BuzzFeed, CNN, and the Washington Post say Trump is incorrect about that. Under the administration's new zero-tolerance policy, every adult caught crossing the border illegally is being prosecuted, and the children are being separated while their parents await their legal cases to play out. Related coverage: Compromise in peril: House Republicans were poised to float two immigration plans, the more moderate of which would hit many of Trump's wishes (including $25 billion for border security) while ending the separation policy, reports the Hill. (See below for more on the latter.) However, Trump may have torpedoed its chances Friday when he told Fox that he wouldn't sign it, reports the AP, which now sees "eleventh-hour confusion" on the issue.