I’ve thought of Trump’s EO on child separation like a fireman torching buildings and “saving” people from the inferno. But his actions are more like throwing the person a dodgy life preserver he knows was recalled a few years back and calling himself a hero as soon as the person touches the thing. Anyone bother dragging the dude to safety? Anyone care that the preserver takes on water and sinks ten seconds later? Nope – I threw the thing, so I saved the guy.
The Obama admin took the “family detention center” approach to the issue. Flores v Lynch 212 F.Supp.3d 907 (2015) found that this violated the 1997 Flores Agreement *and* ordered the release of (I’m too lazy to look up how many) both detained children and their parents. Flores v. Lynch, 828 F.3d 898 (2016) determined that the *parents* did not have an affirmative right of release under the agreement … and what do you do if you are legally barred from holding the kids but *could* hold the parents. You either separate families or release both parents and children.
So Trump signs an EO saying to take measures consistent with the law to avoid separating families. What’s that fix? Either they do what they are doing today (and cite Flores v. Lynch as REQUIRING they separate families because the kids are not actually being detained but rather waiting for accommodations whilst their parents are detained during their transit of the legal system) or they go the family detention center route & pretend like they’re trying to convince some judge how this is materially different than when Obama did it.