While it’s certainly true that we need legislative fixes to many parts of the U.S. immigration system, the particular issue of family separation is not one of those parts.

Despite the President’s claim that Democratic lawmakers are somehow to blame for the Administration’s family separation policy, legal experts agree that the policy is of the executive branch’s making and could be undone without the need for legislation.

Under the previous administration, Immigration and Customs Enforcement personnel were directed to exercise discretion in prosecuting undocumented entry into the U.S.–based on humanitarian and other factors.

The current policy is not the result of legislation, or even of a court ruling requiring a change in policy implementation. It is simply the choice of the current Administration to adopt a cruel and divisive approach in hopes of manipulating lawmakers and the public.

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