Homeland Security Secretary Kirstjen Nielsen said there are no plans to stop separating minors and adults at the U.S.-Mexico border and insisted the action was completely avoidable for all asylum seekers.
“You do not need to break the law of this country by entering illegally to claim asylum. If you are seeking asylum, go to a port of entry,” Nielsen told law enforcement at the National Sheriffs Association in New Orleans Monday morning.
Nielsen said the department stands by the Trump administration’s decision to prosecute all illegal entrants, even at the cost of having to divide families, despite outrage from some of the media and lawmakers.
“There are some who would like us to look the other way when dealing with families at the border and not enforce the law passed by Congress, including, unfortunately some members of Congress. Past administrations may have done so but we will not,” she added.
The Trump administration’s spring implementation of the zero-tolerance policy mandated all illegal border-crossers, including first-time offenders, be referred to the Justice Department for prosecution.
That policy has been the law but was not enforced until recently. In the past, adults and minors were apprehended trying to enter the U.S. between official ports of entry and the parent or guardian was not charged for first-time trespassing and the family unit was kept together.
“This administration has a simple message. If you cross the border illegally, we will prosecute you,” Nielsen said.
Democrats and even Republicans have criticized the Justice Department’s decision for U.S. Customs and Border Protection to refer all illegal immigrants for prosecution, saying children should not be taken away from their parents.
“There are many senior folks in the administration who hate this policy, and who want to do something better,” Sen. Ben Sasse, R-Neb., wrote on Facebook. “But some in the administration have decided that this cruel policy increases their legislative leverage. This is wrong. Americans do not take children hostage, period.”
DHS has said the same practice is carried out inside the U.S. when a citizen commits a crime and his or her child is taken by foster care while the parent or guardian is in custody, going through court proceedings, or in jail.
