Federal judge enjoins separation of migrant children

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I think it’s the most cost effective solution that attempts a balance. The monitoring need only come into play if they don’t show up for trial. I’d expect the rate to increae on knowing they would be tracked. I don’t see the manpower as a huge cost. The equipment may be but I’d assume less expensive than housing and there is a cost to the detention of the adults as well.
 
I would love for you to elaborate on that point.

How and why does it depend on what law the parents are breaking? And why don’t we incarcerate kids with parents here who have committed “misdemeanors” if separating them is so blatantly unfair?
 
I would love for you to elaborate on that point.

How and why does it depend on what law the parents are breaking? And why don’t we incarcerate kids with parents here who have committed “misdemeanors” if separating them is so blatantly unfair?
I would be glad to elaborate.

Theo asked a very good question. He said:
Does the potential trauma to the children outweigh the desire to incarcerate law breaking parents?
This is precisely the right question to ask because it correctly frames the issue as a balance between competing values. On one hand we have the value of avoiding separation trauma for the children. On the other hand we have the value of executing the proper punishment for infractions of the law. I said that how these two values compare to each other depends on the nature of the law that was broken.

If the law is a serious one, like drug dealing, sex trafficking, murder, etc., then two things happen. One is that the value of executing the proper punishment goes up because of the seriousness of the crime. In addition, the value of avoiding separation trauma for the children has gone down because parents like these are already a danger to their own children, and the severing of that parental bond (if indeed they are the parents) has already occurred. Separating such children from their parents does not increase the trauma because the trauma is already there. Therefore it is easy to see the of the two competing values, the value of incarceration is much higher than the value of preserving the family unit.

Now consider a less serious crime - a misdemeanor, like crossing the border illegally. Such parents may still have a loving and caring relationship with their children, and so family separation is harming something that was still in pretty good shape. However there is still a reason to punish for the crime. But such a crime calls for a lesser punishment. Deportation of the family as a unit is one possible punishment that satisfies the requirements of justice without violating the parental bond. Family detention pending a swift asylum hearing would be better, but at this point I will take what I can get.
 
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LeafByNiggle:
It depends on which law the parents are breaking.
Give me an example, a law for which we should still lock up the childless,
but not adults with children?
That was not the dichotomy I was considering.
 
Now consider a less serious crime - a misdemeanor, like crossing the border illegally.
I see illegal entry into a foreign nation as far more serious than public intoxication or vandalism, or even the A1 level (worst) misdemeanor of death by vehicle, because that can be an accident, where waltzing across a border is a choice.

It blows my mind that people are so casual about it - “it’s just a misdemeanor”. It’s as if borders and the laws that govern them are meaningless or suddenly insignificant.

I wonder if someone vandalized your house you’d be so calm. After all, that’s only a misdemeanor offense.
 
That was not the dichotomy I was considering.
My guess is Theo thinks you’d differentiate.

All of this has been about separating families. No one seems to care that childless illegal aliens are also being detained.

Interesting.
 
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LeafByNiggle:
Now consider a less serious crime - a misdemeanor, like crossing the border illegally.
I see illegal entry into a foreign nation as far more serious than public intoxication or vandalism, or even the A1 level (worst) misdemeanor of death by vehicle, because that can be an accident, where waltzing across a border is a choice.

It blows my mind that people are so casual about it - “it’s just a misdemeanor”. It’s as if borders and the laws that govern them are meaningless or suddenly insignificant.

I wonder if someone vandalized your house you’d be so calm. After all, that’s only a misdemeanor offense.
Can you justify why crossing the border per se is such a serious crime? The fact that it is a choice does not seem to me to be reason enough to declare it “serious.”
 
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LeafByNiggle:
That was not the dichotomy I was considering.
My guess is Theo thinks you’d differentiate.

All of this has been about separating families. No one seems to care that childless illegal aliens are also being detained.

Interesting.
Quite sensible, actually. Detaining an adult travelling alone does not perform any family separation that was not already in effect.
 
Until you brought up childless refugees I had not commented on them. So there is nothing for me to walk away from.
Don’t be evasive, what crimes should we release parents for that we shouldn’t for non-parents?

Or are you avoiding saying, they should be treated equally, and we should not detain illegal immigrants?
 
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Can you justify why crossing the border per se is such a serious crime? The fact that it is a choice does not seem to me to be reason enough to declare it “serious.”
Because as an ex-Federal cop (I was an Air Force military working dog handler when I was enlisted), I see it as a wanton choice to break a known law. They choose to do it. Unless you’re a minor/dependent child (I am 100% for the DREAMER Act), you chose to break the law.

Big difference. Simple explanation.
 
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LeafByNiggle:
Can you justify why crossing the border per se is such a serious crime? The fact that it is a choice does not seem to me to be reason enough to declare it “serious.”
Because as an ex-Federal cop (I was an Air Force military working dog handler when I was enlisted), I see it as a wanton choice to break a known law. They choose to do it. Unless you’re a minor/dependent child (I am 100% for the DREAMER Act), you chose to break the law.

Big difference. Simple explanation.
Yes, I understand it is choice to break the law. As to whether or not it is “wanton” I am not so sure:

wan·ton
ˈwänt(ə)n/
adjective
adjective: wanton
Code:
1.
(of a cruel or violent action) deliberate and unprovoked.
"sheer wanton vandalism"
synonyms:	deliberate, willful, malicious, spiteful, wicked, cruel; More
gratuitous, unprovoked, motiveless, arbitrary, groundless, unjustifiable, needless, unnecessary, uncalled for, senseless, pointless, purposeless, meaningless, empty, random;
capricious
"wanton destruction"
antonyms:	justifiable
2.
(especially of a woman) sexually immodest or promiscuous.
synonyms:	promiscuous, immoral, immodest, indecent, shameless, unchaste, fast, loose, impure, abandoned, lustful, lecherous, lascivious, libidinous, licentious, dissolute, debauched, degenerate, corrupt, whorish, disreputable
"a wanton seductress"
antonyms:	chaste
3.
archaic
growing profusely; luxuriant.
"where wanton ivy twines"
    lively; playful.
    "a wanton fawn"
The choice to cross the border is neither cruel nor violent. And it certainly isn’t sexually immodest or promiscuous. So all we have is that it is deliberate. If I deliberately spit on the sidewalk is that also a wanton act of breaking a known law and therefore a serious crime?
 
Yes, I understand it is choice to break the law. As to whether or not it is “wanton” I am not so sure:
The choice to cross the border is neither cruel nor violent. And it certainly isn’t sexually immodest or promiscuous. So all we have is that it is deliberate. If I deliberately spit on the sidewalk is that also a wanton act of breaking a known law and therefore a serious crime?
The choice to cross the border is a CONSCIOUS choice. Break a law, take your chances. And as for your spitting on sidewalk, it would be in Singapore, where it can send you straight to jail. In the States, it just highlights one as uncultured, uncouth - and disgusting.

Hmmm.

Deliberate, unprovoked.

Your hairsplitting is both sad and hilarious. The word is accurate and appropriately used.

When you resort to criticism of semantics, you generally have no point left to offer, so I’m done here.
 
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Your hairsplitting is both sad and hilarious. The word is accurate and appropriately used.

When you resort to criticism of semantics, you generally have no point left to offer, so I’m done here.
When you use a word like “wanton” incorrectly to make a point that you cannot make with reason alone, it needs to be called out. I stand by my statement that border crossing all by itself is not so serious that it always warrants incarceration.
 
When you use a word like “wanton” incorrectly to make a point that you cannot make with reason alone, it needs to be called out.
It’s not incorrect in the least, though. That’s the thing. It’s just not. And that was a perfectly reasonable point. Funny that you think it’s not, and that you pointed that out by starting a sidebar on syntax. You knew precisely what I meant, so let’s move on. The pedantism is just unnecessary.

The fact that you’re still carrying on about it proves my point even further. I’m dropping this, so if you feel the need to get the last word on the issue, have at it.
 
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