Photo: Herika Martinez/Getty Images

The Justice Department filed a notice of compliance Friday evening explaining their interpretation of the recent court order forbidding the separation of migrant families, which they say allows Homeland Security to legally keep children in detention with their parents longer than 20 days, despite no change to the Flores Settlement.

Why it matters: This move creates a “Sophie’s choice” for migrant parents, former DOJ immigration lawyer Leon Fresco tells Axios — either they keep their kids in detention for an extended period of time, or allow them to be taken into the custody of the Department of Health and Human Services.

The Trump administration only filed to explain to Judge Dolly Gee — who made the 2015 Flores Settlement ruling — why children would be held in detention longer than 20 days.

Meanwhile, the Trump administration is trying to evade the blame of family separation.

  • A DOJ spokesman said in a statement, “We are beholden to a broken immigration system that Congress has refused to fix and that courts have exacerbated.”

Yes, but: While family detention was common during the Obama administration, there were also programs that released families until their immigration hearings, with ankle bracelets and other incentives for returning to court (also known as “catch and release.”) The Trump administration has not included this as a possibility.

What to watch: How Judge Gee will respond to DOJ on the two potentially conflicting court orders determining how the government can legally detain undocumented immigrant families.

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Senate advances Amy Coney Barrett nomination, setting up final confirmation vote

Photo: Xinhua/Ting Shen via Getty Images

The Senate voted 51-48 on Sunday to advance the Supreme Court nomination of Judge Amy Coney Barrett, setting up a final confirmation vote for Monday.

Why it matters: It's now virtually inevitable that the Senate will vote to confirm President Trump's third Supreme Court nominee before the election, which is just nine days away.

Felix Salmon, author of Capital
2 hours ago - Economy & Business

Wall Street is living up to its bad reputation

Illustration: Sarah Grillo/Axios

Recent headlines will have you convinced that Wall Street is hell-bent on living up to all of its stereotypes.

Driving the news: Goldman Sachs is the biggest and the boldest, paying more than $5 billion in fines in the wake of the 1MDB scandal, in which billions were stolen from the people of Malaysia.

2 hours ago - Health

Ex-FDA chief: Pence campaigning after COVID exposure puts others at risk

Former FDA commissioner Scott Gottlieb said "the short answer is yes" when asked whether Vice President Mike Pence is putting others at risk by continuing to campaign after several aides tested positive for COVID-19, stressing that the White House needs to be "very explicit about the risks that they're taking."

Why it matters: The New York Times reports that at least five members of Pence's inner circle, including his chief of staff Marc Short and outside adviser Marty Obst, have tested positive for the virus. Pence tested negative on Sunday morning, according to the VP's office, and he'll continue to travel for the final stretch of the 2020 campaign.