Panic-stricken Republicans were breathing a little easier Wednesday after President Trump reversed course and moved to effectively halt the zero tolerance policy that split up families caught illegally crossing the Southern border.
Republicans in Congress, worried the issue could sink them in the midterm elections, believe they prevailed on Trump to use his executive authority to end the separation of migrant children from illegal immigrant parents because he realized that the policy was politically unsustainable.
For 72 hours, as Trump insisted his hands were tied absent a change in the law, videos of crying children and grieving parents went viral. The matter sparked national and international outrage, and generated deep anxiety in Republican circles about holding their majorities in November.
“People are concerned,” Rep. Tom Cole, R-Okla., said flatly, of the political implications, prior to Trump taking executive action.
Trump on Wednesday signed an executive order to stop family separations at the U.S.-Mexico border. It relies on the modification of a 1997 federal court decision, Flores v. Reno, known as the “Flores settlement,” requiring immigration authorities to release children from immigration detention after 20 days.
Attorney General Jeff Sessions filed a request to modify the settlement which would allow the Department of Homeland Security to “detain alien families together throughout the pendency of criminal proceedings for improper entry or any removal or other immigration proceedings.”
Gene Hamilton, counselor to Sessions, told reporters that, despite the executive order, Flores still holds. That means that if and until the courts act, there remains a 20-day cap on keeping families together after which children have to be separated from parents. Meanwhile, split families were due to remain so for the time being. That is why some Republicans are still jittery, demanding immediate action to change the law.
“It is about time the administration takes action to address this issue, but more needs to be done,” Rep. Mario Diaz-Balart, R-Fla., said in a statement. “I want to make sure this practice is ended, unequivocally, and I strongly believe we still must take legislative action. I will continue to work urgently with my colleagues to ensure we end the separation of minors from their parents — now.”
Trump moved mid week after coming under enormous pressure from Republicans on Capitol Hill.
They publicly pleaded with Trump to use prosecutorial discretion to keep families together. Privately, they worked with White House officials to bring the president around to the concept of halting the zero tolerance separations policy, meant to deter illegal immigration and stop illegal immigrants from gaming generous U.S. asylum laws.
The combination of those efforts, especially a letter to Trump from more than a dozen Republican senators, bore fruit. The letter was the public face of that campaign; behind the scenes, senior staff for Sen. Orrin Hatch, R-Utah, who spearheaded the letter, worked with administration officials, talking them through what would become Wednesday’s executive order.
“The president didn’t understand the magnitude of the situation until [Tuesday] night,” a Republican congressional aide said. “Getting a firm rebuke from Republicans and other allies had an impact on him.”
Republicans have been fretting about the political challenges the separations policy has created. The party has tried to push through Trump’s periodic moves off script and keep the focus on their economic message. Instead, they’re stuck on the divisive immigration issue.
Their preferred message, roaring job growth and the growing economy, was drowned out by the separations controversy.
“It’s a distraction from a lot of the other good things that are happening out there,” said John Thune of South Dakota, the third-ranking Senate Republican, hours before Trump announced the executive order. “We need to move quickly to come up with a solution that addresses it. Once we do that, we’ll be able to continue to talk about the other positive things that are happening in the economy.”
Senate Majority Leader Mitch McConnell, R-Ky., did his best to steer the discussion to the economy during speeches on the Senate floor. On Wednesday, the Kentucky Republican commemorated the six-month anniversary of congressional Republicans passing the $1.3 trillion tax overhaul that the GOP credits for juicing the national economy.
“People chase the next shiny object so they’re forgetting about the shiny object called a great economic result right now,” said Sen. Thom Tillis, R-N.C., who’s been instrumental in coming up with legislation to keep families together. “We need to get back on that … I want to get back on the message for all the results.”
Kelly Cohen and Gabby Morrongiello contributed to this report
