Fox's Kilmeade absolves Kirstjen Nielsen of responsibility for family separation because DHS was “just going by the rules”

From the April 8 edition of Fox News' Fox & Friends:

Video file

AINSLEY EARHARDT (CO-HOST): Homeland Security Secretary Kirstjen Nielsen resigning over the weekend and taking her place as acting secretary is Customs and Border Commissioner Kevin McAleenan.


BRIAN KILMEADE (CO-HOST): He's an Obama hold-over so he was able to win over the president, at least for now. So you say it doesn't matter who's at top as long as two things are in place and we should wrap this thing up into legislation and get it started right away: The Flores agreement and the TVPRA [Victims of Trafficking and Violence Protection Act]. Describe exactly what they are and how Congress could change these two things quickly. 

MARK MORGAN (FORMER FBI ASSISTANT DIRECTOR): OK, so quickly, the Flores settlement, basically what it does is it mandates DHS by law to release kids within 20 days. So that means they come in, that's the half part of the catch and release. The other part, the TVPRA, what that does is if you come in as unaccompanied minor, if you're from Mexico or Canada we get to send you back. But if you're from Central America, we can't. We keep you. So, the Flores settlement plus TVPRA together equals catch and release. DHS, they can't do anything about that. Congress has to fix that -- those laws.


EARHARDT: And Mark, that 1997 Flores Settlement, when you release those children after 20 days, you can't separate families, you're releasing the entire family too, right? 

MORGAN: Ainsley, that's exactly it. That's where we're at. So it goes back -- so when they try to apply consequences, nope, we can't separate families. So by de facto because of the Flores, that means you grab a kid, you come in, you're released as a family, too.

KILMEADE: Yeah and when people say cages, there weren't cages, that was something happened in the Obama year (sic). I know you pushed back hard on that. It was to keep the kids safe and you had to put something together quickly. And number two, it wasn't separating families. Sessions cracked down and said go by the letter of the law. So parents go back, kids stay, hence separation. So they quickly amended that, but they were just going by the rules that Congress idiotically left on the books. 

MORGAN: Brian, that's right there. Everything you just said is absolutely -- the American people need to understand what you just said is absolutely correct. 


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