Feinstein Border Separation Bill Would Let Nearly All Parents Who Commit Federal Crimes Get Off Scot-Free

Democrats believe in “restorative justice”.  They do not believe in incarceration.  For illegal aliens a bill by California Senator Dianne Feinstein, signed to by many of the incumbents already in trouble, would totally open our borders, if two adults claimed a child as theirs—they would go free to roam our nation.

“Let’s break down Sen. Dianne Feinstein’s proposed “Keep Families Together Act” to see where Democrats went wrong. The bill provides that “[a]n agent or officer of a designated agency shall be prohibited from removing a child from his or her parent or legal guardian at or near the port of entry or within 100 miles of the border of the United States” (with three exceptions to be discussed later). Four immediate warning signs in this provision should put the reader on notice that this bill is not what Democrats claim.

First, “designated agency” here is defined as the entirety of the federal departments of Homeland Security, Justice, and Health and Human Services. The scope of the bill is not limited to those portions of these departments involved with the border crisis, and there is no other limiting factor in the bill that would cabin the prohibition on family separation to immigration-related matters. In other words, this bill is going to regulate conduct across a great many federal offices that have nothing to do with separating children from families arriving unlawfully in the United States.

Imagine, within 100 miles of our borders, illegal aliens can take over and law enforcement can do nothing!  That is turning over San Diego, Detroit, upstate New York, major part of Texas Arizona, New Mexico and Minnesota to illegal aliens.  Democrats literally want to turn over major U.S. cities to criminals.  Watch as this explodes.

Dianne Feinstein

Democrats’ Border Separation Bill Would Let Nearly All Parents Who Commit Federal Crimes Get Off Scot-Free

Every Senate Democrat has signed on to cosponsor a bill written so carelessly that it does not distinguish between foreign children at the border and U.S. citizen children.

 

By Gabriel Malor, The Federalist,  6/19/18

 

Democrats’ proposed legislation to prohibit so-called border separations would actually prevent federal law enforcement agencies almost anywhere inside the United States from arresting and detaining criminals who are parents having nothing to do with unlawfully crossing the border and seeking asylum.

Every Senate Democrat has now signed on to cosponsor a bill written so carelessly that it does not distinguish between migrant children at the border and U.S. citizen children already within the United States. The bill further does not distinguish between federal officers handling the border crisis and federal law enforcement pursuing the ordinary course of their duties.

Let’s break down Sen. Dianne Feinstein’s proposed “Keep Families Together Act” to see where Democrats went wrong. The bill provides that “[a]n agent or officer of a designated agency shall be prohibited from removing a child from his or her parent or legal guardian at or near the port of entry or within 100 miles of the border of the United States” (with three exceptions to be discussed later). Four immediate warning signs in this provision should put the reader on notice that this bill is not what Democrats claim.

First, “designated agency” here is defined as the entirety of the federal departments of Homeland Security, Justice, and Health and Human Services. The scope of the bill is not limited to those portions of these departments involved with the border crisis, and there is no other limiting factor in the bill that would cabin the prohibition on family separation to immigration-related matters. In other words, this bill is going to regulate conduct across a great many federal offices that have nothing to do with separating children from families arriving unlawfully in the United States.

Second, “agent or officer” is not defined by the legislation, except to say that it includes contractors. Federal law, however, already defines “officer” to include (with exceptions not relevant here) every federal employee appointed to the civil service by the head of an executive agency and ultimately overseen by the head of an executive agency.

Here again, this bill is not limited to controlling the behavior of the DHS, DOJ, or HHS officers involved in the border crisis. The proposed law would apply with equal force to, say, FBI agents (part of DOJ), Secret Service agents (part of DHS), and Centers for Disease Control officers (part of HHS) in the exercise of their everyday duties.

Third, “at or near the port of entry or within 100 miles of the border” does not meaningfully limit the geographic scope of this bill. That area includes almost the entirety of the geographical territory of the United States and the vast majority of people living in it. Two hundred million people live within 100 miles of the border. That’s roughly two-thirds of the U.S. population. Even more live near ports of entry, including in places far from the border crisis, like Salt Lake City, Utah (nearly 700 miles from the nearest border crossing), Tulsa, Oklahoma (more than 600 miles from the nearest border crossing), and Nashville, Tennessee (nearly 600 miles from the nearest border crossing). All major U.S. metropolitan areas fall within either 100 miles of the border or are near a port of entry or both.

Finally, “child” is defined in this legislation as any individual who has not reached 18 years old who has no permanent immigration status. This astonishing definition includes U.S. citizens under the age of 18. Citizen children by definition have no immigration status, permanent or otherwise. (Even if the Democrats belatedly amended this provision to restrict the definition to alien children without a permanent immigration status, that amended definition would still include non-migrant aliens, like tourist children, Deferred Action for Child Arrivals recipients under the age of 18, and children whose parents have had their immigration status revoked.)

Thus, far from addressing the border crisis, the Democrats’ Keep Families Together Act applies almost everywhere in the country to prohibit any DHS, DOJ, or HHS officer from removing almost any child from a parent. The listed exceptions to the prohibition—a state court authorizes separation, a state child welfare agency determines that the child is in danger, or certain DHS officials establish that the child is a victim of trafficking or is in danger from the parent, or that the parent is not the actual parent of the child—are completely unrelated to the vast majority of DHS, DOJ, and HHS enforcement activity.

Two groups would not benefit from the prohibition on family separation in this bill. First, parents who have children with a permanent immigration status go unprotected. Additionally, the childless would obviously find no shelter from this legislation. This disparity in treatment for the childless and lawful permanent residents borders on the farcical.

The ridiculous consequences of passing the Democrats’ hastily written mess are easily demonstrated. Let’s say FBI agents hear about a drug trafficker and murderer in Buffalo, New York. The agents get a warrant to raid the drug trafficker’s house and arrest him. While they do so, they discover the drug trafficker’s minor daughter is home with him. Feinstein’s bill would prohibit the FBI agents, while arresting a drug trafficker, from separating this child from her father.

This is not a farfetched hypothetical. FBI agents are agents of DOJ (a designated agency) and Buffalo is within 100 miles of the border. So long as the daughter is either a U.S. citizen or an alien without permanent status, the FBI agents would be unable to proceed with normal law enforcement activities. The agents would be forced to choose between booking the drug trafficking murderer into jail with his daughter or not booking him into jail at all.

Panicky lawmaking often produces absurd results, and this one presents law enforcement with the choice between keeping children with their criminal parents while prosecuting them almost anywhere in the United States and for any crime whatsoever, or not prosecuting criminal parents at all. The legislation is not limited to unlawful entry prosecutions, to migrants, or (absent amendment) even to alien children.

A more honest method of ending unlawful entry prosecutions—and the family separations that ensue—would be to repeal 8 U.S.C. § 1325, which criminalizes unlawful entry in the first place. That would at least have the benefit of not curtailing federal enforcement of every other criminal law on the books for parents who keep their children close.

At a minimum, Democrats’ proposed legislation is the consequence of extremely careless and hurried drafting. If this is actually what Democrats intend to do—and every Democratic senator has now signed on—it is a monstrous attack on law and order. If enacted, this bill would turn federal law enforcement upside down in the name of protecting relatively few unlawful border crossers from being prosecuted. This sloppiness is a prime example of why Democrats are unserious about outcomes and unfit to govern when the emotional stakes get high.

 

About Stephen Frank

Stephen Frank is the publisher and editor of California Political News and Views. He speaks all over California and appears as a guest on several radio shows each week. He has also served as a guest host on radio talk shows. He is a fulltime political consultant.

Comments

  1. IF THEY DON’T STOP THIS INSANITY of catering to these illegal aliens, we ARE going to lose our country… we ARE turning into the land of the lawless … crime will rise more and more .. we WILL become a 3rd world country… it will NOT be a safe place to live anymore… .. MANY illegal aliens ONLY come here for the free handouts our pathetic government gives them.. cut off the free handouts and they won’t have an incentive to come here… they drain our resources AND our tax dollars… at some point, we are going to collapse from the strain…
    All these stinking democRATS and Rinos and loony liberals who want open borders.. I bet they lock their doors at night… WHY .. WHY don’t they just leave their doors open and allow anyone who wants to enter to come in and make themselves at home… this country is our home and they want to just allow the illegals to enter and take what they want and live free on our backs… THIS SHOULD BE UNACCEPTABLE… WHY are we paying for their medical, their education, etc… while they send their money back to their countries… INSANITY!!!
    The politicians have ABSOLUTELY DESTROYED the value and meaning of being a citizen here …. they just hand these illegal aliens more and more of OUR rights and benefits when they enter illegally…as long as they keep on doing that.. more and more are going to flood this country…
    we must STOP detaining them and IMMEDIATELY deport them back to where they came from and tell them if they want to come, they MUST come legally.. we MUST send the message that entering illegally will NOT be tolerated…
    we spend WELL OVER $100 Billion of our tax dollars EVERY year supporting these illegal aliens and there is NO WAY that they contribute more than they take…. they drain our resources and our tax dollars …
    no amnesty, no catering to them… STOP THE INSANITY!!!! DEPORT!!! I have NO problem with anyone coming here to live and work and be a part of America… BUT COME LEGALLY!!!

  2. The Democrats must have a “dependent class” of people who can only survive with handouts from a Democrat government, which they can maintain by voting Democrat, perhaps many times. It is just that simple.

    Google “Two Minute Conservative” for more.

  3. Typical Feinstein liberal BS!!! I’ll add a caveat that the parents and the child have the SAME DNA or they are immediately jailed.

  4. Near as I can figure, Di Fi has now gone down the slope to party appeasement…she has finally lost her grip on reality and joined the DNCommunist….she too now uses values such as family, kids and security as tools to enhance a policy of low political means…the DNC has no value when claiming to protect Americans, they support ms13, cartels, coyotes, PP abortion policy and ignore reasonable border law solution with refusal to act for the continues use of bad politic…DACCA kids have now given up on them because the recognize the lack of value the D’s offer, the hate and intolerance tactics are now a hindrance but the D’s are pressing this issue, even though the failure is is evident and making them look to be bumbling fools, money and membership are telling the story…violence and assault are losing them support, the DNC rope is now short and frayed…what is next, self inflicted political oblivion..????

  5. Every Democrat senator that has signed on to this needs to be impeached! These are acts of Un-american activity within our border and our government. Feinstein is up for re-election and maybe the least of the two evils is her opponent, DeLeon another no-borders fool.
    Maybe every citizen of CA should write in their favorite conservative. At least the message would be sent to feinstein that she is not the golden broad she once was.
    Feinstein already very wealthy if re-elected will continue to enrich her developer husband with government contracts with no bid needed. He received $15.2B of military base cleanup work thanks to his wife!

    How many of these DC swamp rats are being propped up by the Mexican Cartels thru front donors? Bills such as this conjure the thought is plausible.

  6. Brenda Torres says

    The Democrats want ‘Open Borders’…If this should happen, there should be NO access to Free Welfare, Food, Housing or Medical … Pay your own way just like the rest of us…

  7. Totallyfedup says

    After reading all these great comments, what everyone needs to do, and tell everyone they know,
    STOP VOTING FOR DEMOCRATS.
    That’s the only way to save America.

  8. I’m sick of this nut she needs mental evaluation.

  9. Dianne Feinstein and her accomplices are in essence, fifth columnists. She dearly wishes to destroy the United States of America and turn it into a colony of the U.N.

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  1. […] neighborhood in San Francisco behind a guarded gate.  Senator Dianne Feinstein (D-CA) wrote the ‘Keep Families Together Act’ bill in June, which critics say is a bill for open borders.  The bill provides that “[a]n agent […]

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