Multiple criminal cases against illegal immigrants separated from their children have been dropped in federal courts in Texas as confusion mounts over President Trump’s ‘zero-tolerance’ policy and his newly signed executive order.
The US Attorney’s Office for the Western District of Texas sent email memos out to defense lawyers on Thursday saying federal prosecutors will now dismiss all illegal entry cases involving parents separated from their children and that no further charges would be filed.
That district oversees border towns including El Paso and Del Rio.
The emailed memo, which was sent by the head of the public defender’s office and obtained by the El Paso Times, stated that the cases would be dismissed with the exception of those accused of illegal re-entry and with serious criminal histories.
Some criminal cases were dropped on Thursday as confusion mounts over President Trump’s latest executive order in the immigration crisis. Pictured above are people detained in McAllen, Texas this week
‘Be advised that the US Attorney’s Office will move (or have already moved) to dismiss all 1325 and 1326 cases where children were separated from their parent. Going forward, they will no longer bring criminal charges against a parent or parents entering the United States if they have their child with them,’ the email read.
A spokesman for the Attorney’s office, Daryl Fields, also confirmed in a statement that the cases would be dismissed. But an hour after providing the statement to NBC, he retracted his comments and said he would put out a yet-to-be-seen clarification.
Meanwhile, the US Attorney’s Office for the Southern District of Texas said in a statement that they were not dismissing charges.
While those prosecutors said they were not dismissing any cases, some hearings on Thursday did not proceed as scheduled.
Of the 77 illegals brought before the district court in McAllen, 17 parents who were separated from their children were removed from the docks.
They were told by their public defenders that their cases were not proceeding for now – suggesting that those with children were in fact being treated differently to those who weren’t parents.
Before one deportation flight left for Honduras from Texas on Thursday, officials asked who had children in detention in the US and the four who put up their hands were not put on the flight, deportees arriving in Honduras told Reuters.
Confusion continues to mount following President Trump’s efforts to roll back his widely condemned ‘zero-tolerance’ policy of separating children from the parents at the border. Protesters gather outside the White House on Thursday
Ever Castillo (left) and his family, immigrants from Honduras, were escorted back across the border on Thursday voluntarily after they were told they would be separated from their children
The day of confusion came during President Donald Trump’s efforts to roll back his widely condemned ‘zero-tolerance’ policy of separating children from the parents at the US-Mexico border.
Trump and his administration have faced fierce criticism in recent weeks for separating more than 2,300 children from their families in order to prosecute their parents for crossing the border illegally.
Video footage of children sitting in cages and an audiotape of wailing children sparked worldwide anger.
Trump backed down on Wednesday, signing an executive order to keep families together in detention during immigration proceedings.
But it remained unclear late on Thursday how and when those children would be reunited with their parents, and where families would be held while the parents face criminal charges.
First Lady Melania Trump flew to Texas on Thursday to visit children displaced by the immigration crisis but her trip was overshadowed by her decision to wear a jacket with the words ‘I REALLY DON’T CARE, DO U?’ scrawled on the back.
Trump was quick to hit out on Twitter over the criticism over his wife’s jacket, saying: ‘I REALLY DON’T CARE, DO U?’ written on the back of Melania’s jacket, refers to the Fake News Media. Melania has learned how dishonest they are, and she truly no longer cares!’
First Lady Melania Trump flew to Texas on Thursday to visit children displaced by the immigration crisis but her trip was overshadowed by her decision to wear a jacket with the words ‘I REALLY DON’T CARE, DO U?’ scrawled on the back
‘We have to maintain strong borders or we will no longer have a country that we can be proud of – and if we show any weakness, millions of people will journey into our country.
‘You cannot pass legislation on immigration whether it be for safety and security or any other reason including ‘heart,’ without getting Dem votes. Problem is, they don’t care about security and R’s do. Zero Dems voted to support the Goodlatte Bill. They won’t vote for anything!’
While Trump has backed away from taking children away from their parents, it is not clear how his administration will handle immigration cases on the border going forward.
It says it will stick to a ‘zero tolerance’ policy that means anyone crossing illegally is prosecuted.
Some legal experts said the wording of the executive order was ambiguous and that family separations could continue.
The US military has been asked to get ready to house up to 20,000 immigrant children.
While no decision has been made, the Department of Health and Human Services has already assessed three military bases in Texas and would review another in Arkansas, a Pentagon spokeswoman said.
The official said HHS had asked the Pentagon ‘to determine its capabilities to provide up to 20,000 temporary beds for unaccompanied alien children’ at military installations.’
She did not give further details and it was not clear how many of the children who could be sent to the bases are already being detained at other facilities.