ICE Director Erroneously Blames Congress For Family Separation Policy

Marina Fang

The acting director of Immigration and Customs Enforcement on Friday perpetuated President Donald Trump’s lie that Congress is responsible for the Trump administration’s zero tolerance policy of separating young, undocumented immigrant children from their parents at the U.S.-Mexico border.

“If the American public wants to know who to blame for family separations, the first people they need to blame is Congress,” Thomas Homan said on “Fox & Friends,” in an interview before his retirement on Friday.

In recent weeks, Trump has falsely blamed Congress, particularly Democrats, for the border separations — despite his administration’s decision to embark on the policy, part of an aggressive anti-immigration push that officials have called a “zero tolerance” enforcement of immigration laws at the border.

Homan and Attorney General Jeff Sessions announced the policy at a news conference on May 7.

In deeming Trump’s claim false, PolitiFact noted that the policy is entirely of his administration’s making, as there is “no law mandating that children be separated from their parents.”

When we asked for evidence of policies separating families, the White House referred us to items determining what happens to unaccompanied immigrant minors. But none of the children in question would be deemed unaccompanied if the Trump administration did not decide to prosecute their parents.

The 1997 Flores Settlement Agreement, for example, calls for the release of unaccompanied minors to family members or sponsors who can care for them as their immigration case is resolved. The Trafficking Victims Protection Reauthorization Act of 2008, which Trump has wrongly called “a Democrat rule,” determines that unaccompanied minors be transferred to Health and Human Services custody.

Previously, immigrants entering the country illegally as a family were rarely prosecuted and were instead held in family detention centers until they appeared in immigration court or were deported, PolitiFact noted. The Trump administration’s decision to criminally prosecute those crossing the border led to the separations.

After widespread attention and protests against the policy last week, Trump signed an executive order reversing it. However, his order now detains families together “indefinitely.”

Homan on Friday also addressed protests against ICE this week, including calls from some Democratic lawmakers and ICE agents to abolish the agency.

He again falsely blamed congressional lawmakers for the crackdown.

“We are enforcing the laws that they enacted,” he said. “We’re out, doing our sworn oath, enforcing the laws that they enacted, and they’re going to vilify us for doing it.”

Related Coverage

Trump Administration To Divide Immigrant Families To Prosecute Parents For Illegal Entry

Trump And His Allies Are Lying Through Their Teeth About Family Separations

Trump's Plan To Stop Family Separations Is To Detain Families Together

Kamala Harris Says Congress Needs To Change ICE, Perhaps 'Start From Scratch'

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Undocumented immigrants who turned themselves in after crossing the border from Mexico into the U.S. await processing near McAllen, Texas, on April 2, 2018.
Undocumented immigrants who turned themselves in after crossing the border from Mexico into the U.S. await processing near McAllen, Texas, on April 2, 2018.
Families who crossed the border near McAllen, Texas, on May 9, 2018.
Families who crossed the border near McAllen, Texas, on May 9, 2018.
A U.S. Border Patrol spotlight shines on a mother and son from Honduras on June 12, 2018, in McAllen, Texas.
A U.S. Border Patrol spotlight shines on a mother and son from Honduras on June 12, 2018, in McAllen, Texas.
Central Americans seeking asylum wait as U.S. Border Patrol agents take them into custody on June 12, 2018, near McAllen, Texas.
Central Americans seeking asylum wait as U.S. Border Patrol agents take them into custody on June 12, 2018, near McAllen, Texas.
A Honduran mother stands with her family at the U.S.-Mexico border fence on Feb. 22, 2018, near Penitas, Texas.
A Honduran mother stands with her family at the U.S.-Mexico border fence on Feb. 22, 2018, near Penitas, Texas.
U.S. Border Patrol agents take a Central American family into custody on June 12, 2018 near McAllen, Texas.
U.S. Border Patrol agents take a Central American family into custody on June 12, 2018 near McAllen, Texas.
U.S. Border Patrol agents take a father and son from Honduras into custody near the U.S.-Mexico border on June 12, 2018, near Mission, Texas.
U.S. Border Patrol agents take a father and son from Honduras into custody near the U.S.-Mexico border on June 12, 2018, near Mission, Texas.
A Central American family waits to be taken into custody on June 12, 2018, near McAllen, Texas.
A Central American family waits to be taken into custody on June 12, 2018, near McAllen, Texas.
Central American migrants wait as U.S. Border Patrol agents take people into custody on June 12, 2018, near McAllen, Texas.
Central American migrants wait as U.S. Border Patrol agents take people into custody on June 12, 2018, near McAllen, Texas.
Two women and a child who crossed the border on Feb. 22, 2018, near McAllen, Texas.
Two women and a child who crossed the border on Feb. 22, 2018, near McAllen, Texas.
A Honduran child who crossed the U.S.-Mexico border with her family on Jan. 4, 2017, near McAllen, Texas.
A Honduran child who crossed the U.S.-Mexico border with her family on Jan. 4, 2017, near McAllen, Texas.
U.S. Border Patrol agents take Central American immigrants, including this young child, into custody on Jan. 4, 2017, near McAllen, Texas.
U.S. Border Patrol agents take Central American immigrants, including this young child, into custody on Jan. 4, 2017, near McAllen, Texas.
A Honduran woman and child on Jan. 4, 2017, near McAllen, Texas.
A Honduran woman and child on Jan. 4, 2017, near McAllen, Texas.
A U.S. Border Patrol agent checks birth certificates while taking Central American immigrants into detention on Jan. 4, 2017, near McAllen, Texas.
A U.S. Border Patrol agent checks birth certificates while taking Central American immigrants into detention on Jan. 4, 2017, near McAllen, Texas.
Adults and children await processing near McAllen, Texas, on April 2, 2018.
Adults and children await processing near McAllen, Texas, on April 2, 2018.
Guatemalan immigrant families turn themselves in to U.S. Border Patrol near McAllen, Texas, on May 8, 2018.
Guatemalan immigrant families turn themselves in to U.S. Border Patrol near McAllen, Texas, on May 8, 2018.
U.S. Border Patrol agents take Central American immigrants into custody on Jan. 4, 2017, near McAllen, Texas.
U.S. Border Patrol agents take Central American immigrants into custody on Jan. 4, 2017, near McAllen, Texas.

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This article originally appeared on HuffPost.