President Donald Trump has signed an executive order to quell a nationwide outcry over the practice of splitting up asylum-seeking parents and children at the southern border — but that doesn't end the controversy in Congress.
Trump told lawmakers that he thought there should also be a legislative solution. And the same day as his order, more than half of Senate Republicans signed onto a bill requiring migrant parents and children be kept together during legal proceedings.
The proposed legislation, which includes additional immigration judges, has 27 Republican sponsors or co-sponsors, including Senate Majority Leader Mitch McConnell.
Senate Republicans' proposal comes after intense media scrutiny and widespread disgust over the separation of parents and children at the border, part of a "zero-tolerance" policy implemented by Trump's Department of Justice. More than 2,300 children are being held separate from their parents.
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At least seven bills have been introduced in Congress this week to deal with the issue.
"It is also the policy of this Administration to maintain family unity, including by detaining alien families together where appropriate and consistent with law and available resources. It is unfortunate that Congress’s failure to act and court orders have put the Administration in the position of separating alien families to effectively enforce the law," Trump's executive order says.
Sen. Thom Tillis, a North Carolina Republican, said the legislation was needed in addition to the executive order.
"It's an executive order that could ultimately be challenged, and I think that (the bill's) consistent with what the president is trying to do. This would give us long-term certainty," said Tillis, one of the bill's eight primary sponsors.
Republicans said their bill, the Keep Families Together and Enforce the Law Act, wouldn't provide incentives for illegal immigration.
According to its sponsors, the measure sets mandatory standards for facilities where families will be housed, including food and water and medical assistance. It lays out circumstances for removing a child from an individual, including suspected abuse or trafficking cases. The bill calls for 225 new immigration judges and the prioritization of cases involving children and families.
“Migrant children should not be separated from their families, and both sides of the aisle can agree that we must quickly and permanently address this problem," Tillis said. "Our legislation provides the solution by clarifying federal law to ensure that families will remain together and receive good care as they go through the legal process."
The bill's other lead sponsors are Marco Rubio, R-Fla., Lindsey Graham, R-S.C., Ron Johnson, R-Wis., Tom Cotton, R-Ark., John Cornyn, R-Texas, Ted Cruz, R-Texas, and Dean Heller, R-Nev. Another 19, including McConnell, have signed on as co-sponsors.
“It is cruel to separate families. But it is also cruel and irresponsible to return to a policy that encourages parents to bring their children on a dangerous journey,” Rubio said. "This bill will allow us to change the law so that families will remain together while awaiting prioritized proceedings. We should pass it immediately and reunite families.”
All 49 Democrats in the Senate have signed onto a bill from California Sen. Diane Feinstein, the "Keep Families Together Act," that would stop family separation. House Democrats introduced a companion bill.
None of the 51 Senate Republicans has yet agreed to that bill, and no Democratic senator has so far signed on to the Keep Families Together and Enforce the Law Act.
"My goal is to make sure families are not separated, but prevent the rampant abuse of ‘catch and release’ where people are being released who never show up for their hearings," Graham said. "This bill prevents breakup for families, but requires adults to show up. This is the winning combination.”
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