[T]he Flores Consent Decree from 1997 … says that unaccompanied children can be held only 20 days. A ruling by the Ninth Circuit extended this 20-day limit to children who come as part of family units. So even if we want to hold a family unit together, we are forbidden from doing so.
The clock ticking on the time the government can hold a child will almost always run out before an asylum claim is settled. The migrant is allowed ten days to seek an attorney, and there may be continuances or other complications.
This creates the choice of either releasing the adults and children together into the country pending the adjudication of the asylum claim, or holding the adults and releasing the children. If the adult is held, HHS places the child with a responsible party in the U.S., ideally a relative (migrants are likely to have family and friends here).
If we stop separating kids from their families, that means letting virtually every immigrant who enters the U.S. illegally with his children go live in the U.S. indefinitely.
If you are smuggling a child, then we will prosecute you and that child will be separated from you as required by law. If you don’t like that, then don’t smuggle children over our border.
Jason Jones and John Zmirak are co-authors of the 2014 book The Race to Save Our Century.
Jason Jones is a Senior Contributor to The Stream. He is a film producer, author, activist and human rights worker. For the past 20+ years, he has worked to defend the most vulnerable — from the homeless on the streets of Los Angeles to persecuted Christians in Africa, from women in crisis pregnancies to victims of “honor killing” in Iran.
He attended the University of Hawaii, after a tour serving in the U.S. infantry. At UHI, he founded the Pro-Life Student Union and served as state chairman of Young Americans for Freedom. Jason would go on to serve as director of Hawaii Right to Life, national youth director of the American Life League, grassroots director of Brownback for President, and public relations director for the world’s largest international pro-life organization, Human Life International. He has appeared in defense of the most vulnerable members of the human family on ABC, Fox, CNN and hundreds of radio programs nationwide.
Jones is the Founder of HERO [Human-Rights Education and Relief Organization], a non-profit that promotes human dignity regardless of ability, age, status, race or geography. He spearheaded a HERO initiative to bring clean water to suffering refugees in South Sudan. In 2009, despite the government’s warning of unsafe travel, Jason visited Darfur and inspected 26 new water wells and distributed $2 million in food, medicine and other aid. He is currently leading an effort to provide emergency aid to the victims of ISIS in Iraq.
Jones was a producer on the 2006 prolife film, Bella, which won several film industry awards, most notably the People’s Choice Award at the 2006 Toronto International Film Festival.
He was the associate producer of the 2008 film on honor killings, The Stoning of Soraya M., which won the NAACP Image Award in 2010 as well as the Los Angeles Film Festival Audience Award in 2009.
His short films include Eyes to See (2010) and Crescendo (2011); Crescendo, whose executive producer was Patti Mallette (mother of Justin Bieber), raised millions of dollars for women and children in crisis pregnancy centers. He was producer in 2012 of the TV movie Mother Marianne: Portrait of a Saint.
Jones lives in Hawaii, with his wife and seven children.
John Zmirak is a Senior Editor of The Stream. He received his B.A. from Yale University in 1986, then his M.F.A. in screenwriting and fiction and his Ph.D. in English in 1996 from Louisiana State University. His focus was the English Renaissance, and the novels of Walker Percy. He taught composition at LSU and screenwriting at Tulane University, and has written screenplays for and with director Ronald Maxwell (Gods & Generals and Gettysburg). He was elected alternate delegate to the 1996 Republican Convention, representing Pat Buchanan.
He has been Press Secretary to pro-life Louisiana Governor Mike Foster, and a reporter and editor at Success magazine and Investor’s Business Daily, among other publications. His essays, poems and other works have appeared in First Things, The Weekly Standard, The Atlanta Journal-Constitution, USA Today, FrontPage Magazine, The American Conservative, The South Carolina Review, Modern Age, The Intercollegiate Review, Commonweal and The National Catholic Register, among other venues. He has contributed to American Conservatism: An Encyclopedia and The Encyclopedia of Catholic Social Thought. From 2000-2004, he served as Senior Editor of Faith & Family magazine and a reporter at The National Catholic Register. During 2012, he was editor of Crisis.
He is author or co-author of six books, including Wilhelm Ropke: Swiss Localist, Global Economist, The Grand Inquisitor (graphic novel) and most recently, The Race to Save Our Century. He was editor of the Intercollegiate Studies Institute’s guide to higher education, Choosing the Right College and Collegeguide.org, for ten years, and is also editor of Disorientation: How to Go to College Without Losing Your Mind.
He is a native of New York City, but now resides in Dallas, Texas.