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<blockquote data-quote="Box Ox" data-source="post: 3570764" data-attributes="member: 48469"><p>The <a href="https://www.law.cornell.edu/uscode/text/8/1325" target="_blank">federal law criminalizing &quot;improper entry&quot; by aliens</a> does not require family separation. The law also provides for the use of civil penalties, as well as criminal ones. While it states that the application of civil penalties does not preclude application of criminal ones, it also does not compel federal prosecutors to pursue both. Until the administration&#039;s recent policy change, civil proceedings were in fact <a href="https://bipartisanpolicy.org/blog/why-are-families-being-separated-at-the-border-an-explainer/" target="_blank">the usual approach in case of families with minor children</a>, under both Democratic and Republican administrations. The use of civil proceedings generally does not require pretrial detention, and therefore obviates the need to detain either parents or children; some civil defendants were detained, nonetheless, but <a href="https://bipartisanpolicy.org/blog/why-are-families-being-separated-at-the-border-an-explainer/" target="_blank">in facilities where families can stay together</a>. The Trump administration, by contrast, has sometimes <a href="https://www.vox.com/2018/6/11/17443198/children-immigrant-families-separated-parents" target="_blank">even forcibly separated children from migrants who have not violated any law, but instead have legally crossed the border to petition for asylum in the United States</a>.</p></blockquote><p></p>

[QUOTE="Box Ox, post: 3570764, member: 48469"] The [URL='https://www.law.cornell.edu/uscode/text/8/1325']federal law criminalizing "improper entry" by aliens[/URL] does not require family separation. The law also provides for the use of civil penalties, as well as criminal ones. While it states that the application of civil penalties does not preclude application of criminal ones, it also does not compel federal prosecutors to pursue both. Until the administration's recent policy change, civil proceedings were in fact [URL='https://bipartisanpolicy.org/blog/why-are-families-being-separated-at-the-border-an-explainer/']the usual approach in case of families with minor children[/URL], under both Democratic and Republican administrations. The use of civil proceedings generally does not require pretrial detention, and therefore obviates the need to detain either parents or children; some civil defendants were detained, nonetheless, but [URL='https://bipartisanpolicy.org/blog/why-are-families-being-separated-at-the-border-an-explainer/']in facilities where families can stay together[/URL]. The Trump administration, by contrast, has sometimes [URL='https://www.vox.com/2018/6/11/17443198/children-immigrant-families-separated-parents']even forcibly separated children from migrants who have not violated any law, but instead have legally crossed the border to petition for asylum in the United States[/URL]. [/QUOTE]

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