Fellow Patriot: The voluntary financial generosity of supporters like you keeps our hard-hitting analysis coming. Please support the 2024 Year-End Campaign today. Thank you for your support! —Nate Jackson, Managing Editor

June 22, 2018

Enforcement, Not Separation, Is the Issue

President Donald Trump climbed down on separating families at the border, but the underlying argument is not going away.

President Donald Trump climbed down on separating families at the border, but the underlying argument is not going away.

The central question isn’t whether we should separate families — even most immigration hawks would prefer to hold families together — but whether migrants should stay in the United States or not.

Trump hopes to salvage his “zero tolerance” policy by holding parents and children together, although the practical and legal obstacles will be formidable. The reaction among immigration advocates has gone from outrage about family separations to consternation about family detention — because their ultimate goal is to let the migrants come into the United States and stay.

This is not to deny that the first iteration of “zero tolerance” was a fiasco. The justifications for the policy from administration officials were different and often clashing, and the effort to pin the whole thing on the Democrats was wildly unconvincing.

Democrats, in particular, didn’t give us any of the rules that have made closing the border to Central American migrants impossible. The Flores consent decree, which makes it difficult to hold kids longer than about 20 days, grew out of a court case decades ago. An anti-trafficking law that prevents us from quickly returning home Central American kids — because they are from noncontiguous countries — was signed into law by George W. Bush.

What is true is that the law makes it impossible to hold Central American parents and children together for any length of time. The children have to be released, and if you are going to keep them together with their parents, the parents have to be released, too. This is the forcing mechanism for waving Central American migrants into the country, and Trump is right that Democrats have no interest in changing it.

When congressional Republicans this week proposed fixing these perversities in the law, Chuck Schumer balked. Democrats don’t want to make it easier for Trump to remove anyone from the country.

It’s easy to lose sight of the radicalism of this position. It’s understandable to oppose deporting an illegal immigrant who has been here for, say, 10 years. He probably has a job. He has a family. He has roots. But these migrants are illegal immigrants who, in some cases, literally showed up yesterday. They have no direct connection to the country and, for most of them, no legitimate claim on it.

The question they pose isn’t whether we are going to let illegal immigrants who are already here stay but whether we are constantly going to welcome more. It isn’t whether Immigration and Customs Enforcement should hunt people down but whether it can exclude people. It is, in short, whether we have a border or whether a certain class of migrants can — for no good reason — present themselves to the authorities and expect to be admitted into the country.

Some of these migrants will claim asylum, but these claims are mostly bogus. There is no doubt that they are desperate, and desperate to get into the United States. But they aren’t persecuted back home, even if they fear gangs or a violent boyfriend.

The merits don’t matter under the current system, though. If an asylum seeker passes a credible fear interview — almost all do — and comes into the United States pending adjudication of his case, it is unlikely that he will ever be seen again. And why not? Who wouldn’t take advantage of that opportunity?

Trump is right to want to end this dynamic and swiftly and reliably deport new migrants, which would be the only sure deterrent against the ongoing influx. But unless Congress acts, it will likely prove impossible, and Trump will still get political opposition, although on changed grounds.

In perhaps the first totalitarian analogy in this new phase of the debate, immigration advocate Frank Sharry said Ted Cruz’s proposal to hold parents and children together would create “family gulags.”

Increasingly for the Left, the true enemy is enforcement, and the battle has just been joined.

© 2018 by King Features Syndicate

Who We Are

The Patriot Post is a highly acclaimed weekday digest of news analysis, policy and opinion written from the heartland — as opposed to the MSM’s ubiquitous Beltway echo chambers — for grassroots leaders nationwide. More

What We Offer

On the Web

We provide solid conservative perspective on the most important issues, including analysis, opinion columns, headline summaries, memes, cartoons and much more.

Via Email

Choose our full-length Digest or our quick-reading Snapshot for a summary of important news. We also offer Cartoons & Memes on Monday and Alexander’s column on Wednesday.

Our Mission

The Patriot Post is steadfast in our mission to extend the endowment of Liberty to the next generation by advocating for individual rights and responsibilities, supporting the restoration of constitutional limits on government and the judiciary, and promoting free enterprise, national defense and traditional American values. We are a rock-solid conservative touchstone for the expanding ranks of grassroots Americans Patriots from all walks of life. Our mission and operation budgets are not financed by any political or special interest groups, and to protect our editorial integrity, we accept no advertising. We are sustained solely by you. Please support The Patriot Fund today!


The Patriot Post and Patriot Foundation Trust, in keeping with our Military Mission of Service to our uniformed service members and veterans, are proud to support and promote the National Medal of Honor Heritage Center, the Congressional Medal of Honor Society, both the Honoring the Sacrifice and Warrior Freedom Service Dogs aiding wounded veterans, the National Veterans Entrepreneurship Program, the Folds of Honor outreach, and Officer Christian Fellowship, the Air University Foundation, and Naval War College Foundation, and the Naval Aviation Museum Foundation. "Greater love has no one than this, to lay down one's life for his friends." (John 15:13)

★ PUBLIUS ★

“Our cause is noble; it is the cause of mankind!” —George Washington

Please join us in prayer for our nation — that righteous leaders would rise and prevail and we would be united as Americans. Pray also for the protection of our Military Patriots, Veterans, First Responders, and their families. Please lift up your Patriot team and our mission to support and defend our Republic's Founding Principle of Liberty, that the fires of freedom would be ignited in the hearts and minds of our countrymen.

The Patriot Post is protected speech, as enumerated in the First Amendment and enforced by the Second Amendment of the Constitution of the United States of America, in accordance with the endowed and unalienable Rights of All Mankind.

Copyright © 2024 The Patriot Post. All Rights Reserved.

The Patriot Post does not support Internet Explorer. We recommend installing the latest version of Microsoft Edge, Mozilla Firefox, or Google Chrome.