Obviously, we need to cut through the rhetorical bullshit one more time.
1) The rules about detaining children HAVE NOT changed. Trump IS NOT doing anything new in regards to detaining children. The government has been required to release children from detention within 20 days ever since the Ninth Circuit Court of Appeals extended the Flores Consent Decree (aka the Flores Settlement) to include accompanied minors in 2016. What Trump has changed is how we deal with adults. Where Obama used the Flores Settlement and the accompanying Ninth Circuit ruling as an excuse to give adults a free pass if they could claim to be part of a family unit, Trump is insisting on treating those adults like the criminals they are.
2) Separation of children from adults happens only in three cases: if the adult is not the child's parent, if the adult is a threat to the child, or if the adult is put into criminal proceedings. In other words, the exact same circumstances under which a child would be taken from an adult even among our own citizenry.
3) When an illegal is prosecuted, he is taken into custody by the US Marshals. The US Marshals do not, EVER, take care of the children of people they take into custody, no matter who that person is or what they're being arrested for. Just as with anyone in this situation, the children are taken custody of by HHS, which cares for them in temporary shelters until they know whether the adult will be deported or will apply for asylum.
4) Assuming the illegal has not committed another crime, the criminal proceedings are short. Usually, the illegal pleads guilty, they are sentenced to time served, and they are returned to ICE. This typically happens in one day. At that point, the adult is reunited with the child, and the whole kit and kaboodle are deported back to where they came from. If the adult is truly concerned about being separated from the child, they can easily put an end to it.
5) The separation only becomes extended if the illegal immigrant himself chooses to make it so by applying for asylum. THAT procedure pretty much always takes longer than the government is allowed, by law, to hold the child. When that time limit is reached, the child is placed with a responsible party. Quite often, that is a relative or friend of the illegal immigrant, because illegal immigrants often have connections to people who are already in the country.
6) If the adult is held while their asylum claim is processed, it is likely to go through the system much more quickly, a couple of months as opposed to dragging on for years. If the adult is released into the population, he is highly unlikely to return for his court dates. We know this from experience.
7) There is no reason whatsoever for someone who is legitimately looking for asylum to cross the border illegally. They have only to approach a port of entry and state their desire for asylum. They are NOT arrested when they do this, and not separated from their children. The fact that border crossings dried up at the beginning of the Trump administration and only started again when rumors went around that the policy on the border had not changed indicates that the vast majority of these people are NOT refugees fleeing persecution, but simply prefer the economic benefits of being in the US.
8) In April, the New York Times reported:
Some migrants have admitted they brought their children not only to remove them from danger in such places as Central America and Africa, but because they believed it would cause the authorities to release them from custody sooner.
Others have admitted to posing falsely with children who are not their own, and Border Patrol officials say that such instances of fraud are increasing.
"It is common to have parents entrust their children to a smuggler as a favor or for profit.” - azcentral.com
But since our policies have favored family units over single adults, we have created an incentive to put children in peril. How can anyone who claims to care about the well-being of these children advocate policies which encourage their endangerment?
9) Congress has the power to change all of this by one simple vote. They can pass a law overruling the Flores Settlement; they can pass a law mandating family detention, and providing funding to make it possible. So why is it that the only bill that has been introduced in Congress to address this situation has come from the Republicans, who are being vilified, and the Democrats are too busy grandstanding for the media to propose anything at all?
You are the one who is using rhetorical bullshit.
This is a choice made by Trump and Sessions. That was made clear by Sessions. There is no doubt that this is happening and it has nothing to do with 1997.
The fact is that Trump can change it without any legislation.