The White House's "zero tolerance" immigration policy and resulting separations of undocumented parents and kids is causing outrage across the country this week. The policy, which has resulted in nearly 2,000 minors being separated from their families over six weeks, has drawn sharp criticism from Democrats and even a number of influential Republicans, including former First Lady Laura Bush who called the policy "cruel" and "immoral" in an opinion piece in the Washington Post. Trump asserted Monday that children "are being used by some of the worst criminals on earth" as a way to enter the United States. He tweeted: "Has anyone been looking at the Crime taking place south of the border," calling it "historic."
Fox News Senior Judicial Analyst Judge Andrew Napolitano had a strong response to the "zero tolerance" immigration policy saying,
"Of course they have the discretion not to do this, in my opinion it is child abuse to separate children from their parents"
Judge Andrew Napolitano joins Fox News Radio's Guy Benson and Marie Harf to share his legal insight on the controversial immigration policy.
Breaking down the policy: Well, they have chosen to take children away from their parents and confine them in a facility with other children, and removed from the parents. Now, this is a violation of a federal statute which prohibits confinement of children for more than 72 hours. It's a violation of the law of every state along the border there, Texas, New Mexico, Arizona, California, to take a child away from the parent except in the case of saving a human life. So, it becomes a form of child abuse. The federal government in my view is using the children as pawns, as a negotiating tool. (1:03)
On using the children to spur congressional action and what they can do: The harm that is visited upon children is of such a psychological depth it might not be reparable for many years. Jeff Sessions knows this. The President must know this. You asked what can they do. Well, they can confine the children with the parents or they can simply turn them away at the border in the family units in which they arrive. (2:25)
On if the media outcry will cause policy change: Yes I do. I don't know that the Attorney General will. Anybody that thinks you can quote bible as justification for American law is about 300 years behind the times. Look the fact that I'm offended by this shouldn't mean anything, but the fact that the law is offended is what should motivate the President. (4:37)
On if our immigration system can handle this influx: I do know that they can transfer administrative law judges from around country to various clutch points around the border to address these issues in an emergent and humane way. It is the government's duty to resolve these cases with basic justice and I don't believe the government lacks the resources. It probably lacks the will. (9:17)
On biggest takeaways from IG report: There's something in that report for everyone. As was demonstrated by the hearing today as Republicans asked him questions the answers to which served their political narrative. The Democrats asked him questions the answers to which served their political narrative. I continue to believe that the decision by Comey to exonerate Mrs. Clinton was wrong. (00:35)