The Department of Homeland Security agency tasked with separating border children from parents who were referred for prosecution for illegal entry said Thursday it will immediately begin keeping verified family units together, in accordance with the executive order President Trump signed Wednesday.
“U.S. Customs and Border Protection has taken immediate steps to implement the President’s Executive Order Affording Congress the Opportunity to Address Family Separation,” CBP said in a statement. “Family unity will be maintained for families apprehended crossing the border illegally, and they will be transferred together to U.S. Immigration and Customs Enforcement.”
Trump’s order allows incoming family unit minors to remain with parents as they are arraigned, appear in court, and then potentially sentenced for trespassing into the U.S. from Mexico between ports of entry.
DHS said the Trump administration will continue to carry out its initial action that prompted the family separations: referring all adults to the Department of Justice for prosecution.
“As specified in the order, families will not be detained together when doing so would pose a risk to the child’s welfare. Additionally, as was the case prior to implementation of the zero tolerance policy on May 5, family units may be separated due to humanitarian, health and safety, or criminal history in addition to illegally crossing the border,” according to the statement.
Current family units that are separated will remain apart until the parent’s legal case is concluded.
“For those children still in Border Patrol custody, we are reuniting them with parents or legal guardians returned to Border Patrol custody following prosecution,” it said.
It remains unclear which federal agency will house incoming family units after the Department of Health and Human Services had taken in minors for the past two months.
Lt. Col. Jamie Davis, a Pentagon spokesman, told the Washington Examiner on Thursday that Defense officials had not been asked by HHS to render its facilities despite previous reports that
“There has been no formal request from HHS to DoD. All they’ve done is cite surveys. All they’ve done is look at properties … three in Texas, one in Arkansas,” Davis said. “So without a formal request, there is nothing for us at this time.”
On Tuesday, DHS officials reported 2,206 adults had been referred by CBP to the Justice Department for prosecution, forcing 2,342 children to be taken into federal custody.
The government has said 4,548 people came to the border as part of 2,235 family units and were apprehended between May 5 and June 9.
CBP is required to turn over adults for prosecution within 72 hours and had also been required to give separated minors to the Department of Health and Human Services also within 72 hours of apprehension.
Migrant adults who are charged with first-time illegal entry, a misdemeanor, can still apply for asylum during that process.
About 80 percent of asylum applications submitted at the southern border are denied, which forces them to return to their home country following possible jail time for trespassing.
