President Trump plans to bypass a law that separated families at the border when they’re caught illegally crossing the U.S. border from Mexico. Trump announced this morning that he's going to sign an executive order to end the separation of families. “We’re going to be signing an executive order in a little while,” Trump said. “We’ve got to be keeping families together."
However, the New York Times says Trump could face "legal" trouble for doing this. It's damned if you do, damned if you don’t for the President.
The ACLU admits it’s going to sue Trump if he signs the executive order:
An eleventh-hour executive order doesn't fix the harm done to thousands of children and their parents.
Trump's order replaces one crisis for another: children don't belong in jail at all, even with their parents, under any circumstances.
There is no way to satisfy these people. Do they just want to rip apart any fabric of our country and civilization?
The order would keep families together, though it is unclear how Mr. Trump intends to claim the legal authority to violate what have been legal constraints on the proper treatment of children in government custody, which prevented former President Barack Obama from detaining families together during a similar flood of illegal immigration two years ago.
And the president could quickly find himself the subject of another legal challenge to his executive authority, much the way he attacked Mr. Obama for abusing the power of his office with an immigration executive order in 2014.
President Trump overriding an existing 1997 law by signing an executive order will require three options. He will have to turn the law breakers around immediately and don't process or he can keep the family together in detention until the court date. The third option is he can process the family, let them go, and count on them returning for court --which they probably won't.