The “Dem Laws” the Trump Administration Claims have Tied Their Hands: Separating Myth from Fact

By Michelle Martin, PhD, MSW

​The Trump administration has referenced several “Dem laws” they claim have tied their hands in the current crisis involving the separation of Central American children from their political asylum-seeking parents. The narrative, according to Sarah Sanders, White House spokesperson, is that President Trump didn’t create the crisis, but is just the first president to “come to the table” and do something about it.
 
The administration was initially somewhat mysterious about what specific laws they were referencing that “only Congress could fix,” so I, along with many others, took shots in the dark in an attempt to untangle the pertinent immigration legislation at play, exploring whether any of them would warrant separating the children from their parents who are being detained while they await their asylum hearing.
 
Since the initial zero-tolerance policy was implemented in April of this year, the administration has been more forthcoming in their legal stance, and several immigration experts have weighed in on the matter. This blog post is an attempt to make sense of the various laws and policies involved in this crisis.

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