https://www.lawfareblog.com/legal-considerations-separating-families-border
IMMIGRATION
Legal Considerations for Separating Families at the Border
By Carrie Cordero Tuesday, June 19, 2018, 11:50 AM
国境で移民家族の子供を引き離すことに関する法的考察

・・・・If this analysis is correct?that DHS does not have a written policy authorizing
the separation of family members in the course of referring migrants for prosecution?
it goes a long way toward explaining the chaos at the border in the past month.

Based on the information publicly available so far, and given the lack of written guidance
for agents on the front lines to follow, agents separating families in order to achieve the
goal of 100 percent prosecution may be operating in a legal gray zone

Greater attention should be given to whether there are even any legitimate constitutional
grounds for removing a child from a parent?for days to weeks to months without end?
in the context of enforcing a misdemeanor illegal-entry law. On even less firm ground is the
ability of the government to place a child in foster care absent a best-interest-of-the-child
analysis, which is most appropriately conducted by a neutral magistrate. And, to be clear,
there is no statutory requirement to separate children from their parents.

この評論について保守系論客のビル・クリストール
Bill Kristol認証済みアカウント @BillKristol
Very interesting. "Greater attention should be given to whether there are even any legitimate
constitutional grounds for removing a child from a parent...in the context of enforcing a
misdemeanor illegal-entry law..."