I released a statement about the current immigration situation at our Southern border, but I want to make three things clear right now:
- Congress must act now on family separation.
- We must overturn the "Flores Settlement".
- We must appropriate funds to make sure Immigration and Customs Enforcement (ICE) has enough quality facilities for families to stay in near the border.
When an adult illegally crosses into the U.S., that individual is, by law, detained and tried in court. At this point, the child is placed into custody of the Department of Health and Human Services (HHS). Typically, the adults are detained, tried and released in the same day, meaning that if they choose to return home, they will be reunited with their children in less than 24 hours.
When somebody who crossed the border illegally seeks asylum in the U.S., the process is extended. Children will be kept in HHS custody for 20 days before the "Flores Settlement" kicks in, which is a 1997 court ruling that requires the children to be sent to a group home or other responsible party if their parents' case has not been resolved.
During the 20 days before the family is separated, they stay in ICE facilities. However, it is well-documented that there is a shortage of family spaces and many are outdated. I believe Congress has a duty to the innocent children in this situation to make sure they are kept safe and with their parents in a quality living space while trying to seek asylum in the United States.
Having said that, all of these issues have been apparent for many years and I believe it is the failure of previous administrations, both Republican and Democrat, for not addressing it.
This week, I met with President Trump several times to discuss solutions. With a new kind of leadership in the White House and a sense of urgency in Congress, I am confident that we will be able to work together to solve these problems.
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