In the history of mankind, many republics have risen, have flourished for a less or greater time, and then have fallen because their citizens lost the power of governing themselves and thereby of governing their state. TR


Trump’s Order is Not Final: The Decision Rests With the Judiciary

Just to be clear, what President Trump signed does not “solve” the problem of separation of illegal immigrant families. It just punts it to the courts.

The White House is being vilified in the press for supposedly lying when it claimed that it could not legally keep the families together. It was not a lie, it is true, and the order seems contingent on whether a judge will change what is legally permissible.

Here are the relevant clauses from the order.

The Secretary of Homeland Security (Secretary), shall, to the extent permitted by law and subject to the availability of appropriations, maintain custody of alien families during the pendency of any criminal improper entry or immigration proceedings involving their members.

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.


The case has been filed with Judge Dolly Maizie Gee, a Los Angeles-based, Obama-appointed federal judge. What she will do, I cannot say. That she is most likely not sympathetic to Trump and his “zero-tolerance” policy seems at least highly probable.

2 thoughts on “Trump’s Order is Not Final: The Decision Rests With the Judiciary”

  1. Whatever the courts or Congress decides to do about this illegal alien issue won’t solve the problem or make American citizens happy.
    Here we are arguing, taking sides against each other because people of other nations demand to be allowed to do what they want in our homeland. No one really cares, Dem or Repub, about the individual Mexican, Honduran, or any foreign national’s personal issues. The deep wish for these poor people caught in a sticky mess is that they either become Dem voters or work for less than American citizens in menial jobs, or both.

    We have other more pressing, more critical problems that the courts and congress need to address that don’t involve Mexican nationals or any other foreign national. We have a homeless problem, we have a huge drug addiction problem, we have health insurance that is too expensive to be used, some of our bridges and roadways are disasters waiting to happen, and the list goes on.
    We need to finish this illegal alien problem, once and for all. Send them all back to their homelands so that we can deal with our own problems with terrorists among us, and all of our domestic problems.

  2. The risk is that a judge says that a parent with a child may not be detained at all.
    What a can of worms that would be.
    Following that comes the argument that the Newport Beach single mom arrested for DUI for the 5th time can’t be detained, because of her children.
    The simple solution is a policy of detaining illegals long enough to drive them back to the border at a port of entry and dropping them off on the other side. Do that for 30 days, and Mexico will, while having a fit, start enforcing their illegal entry laws…
    Good times…

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