Thread by @StephenM

With the focus, rightfully, on the cascading UAC numbers, it is crucial not to lose sight of the extraordinary mass influx of illegal family units. Here is a primer so that everyone can fully understand the crisis: (1/11)

https://twitter.com/washingtonpost/status/1376248997904547842

During the Obama Admin, after smugglers learned they could assure the entry of UACs, they began smuggling entire families. Secretary Johnson briefly tried to repatriate them, but was sued by anti-borders left, leading to Judge Gee’s infamous and lawless Flores decision. (2/11)

The Flores ruling arbitrarily limited time in ICE custody for families to 20 days, less time than it takes to process a request for asylum or other relief. Obama DOJ didn’t appeal to SCOTUS & the family migrant crisis was born. Catch-and-release became the rule of the day. (3/11)

Once this judicial loophole was well known to smugglers, aided by rise of social media, their business model increasingly switched to family smuggling. The job of a border agent transformed. Knowing they would be released, illegal families simply turned themselves in. (4/11)

Soon, for the first time, border agents began seeing adult males traveling with minors. HSI uncovered thousands of “fake families” using children as human pawns to gain entry. Children were also cruelly “recycled” — sent back and used by multiple adults to gain admission. (5\11)

President Trump was determined to end this inhumane lawlessness. It required a comprehensive whole-of-government approach (delayed by incessant ludicrous injunctions). Asylum procedures were reformed, Flores regs issued, Guatemala border strengthened, ads run in NT, etc. (6/11)

But the game-changers were 2 long unused statutes: Remain in Mexico/MPP [8 USC 1225(b)2)(C)] and Safe Third [8 USC 1158(a)(2)(A)]. These enabled exec branch to end catch-and-release through foreign agreements. Under MPP, illegal migrants wait for asylum hearings in Mexico (7/11).

Safe 3rds are less well understood. Under law, an illegal migrant is ineligible for asylum in US if a safe third partner can process their claim. So, if you enter unlawfully, you have 2 options: pursue your claim in a Safe 3rd Nation or withdraw claim and be returned home. (8/11)

The Safe 3rds were the permanent fix to endemic asylum fraud/forum shopping, enabling quick return flights from BP stations to home countries. By early 2020, the illegal family migrant crisis was *solved*. We set & attained goal of ZERO releases (except for medical care). (9/11)

We achieved what critics said was impossible. Illegal family #’s plummeted. Those who came were all promptly removed. When pandemic hit, we instituted T42 rapid returns, and brought in-custody numbers to all-time lows. This was the impeccable operation Biden inherited. (10/11)

All @POTUS had to do was leave these profoundly effective & humane policies in place. Catch-and-release was OVER. The border was secure. A framework for regional rejuvenation was in place. And the Biden Admin set everything on fire, producing utter humanitarian disaster.(11/11).