Photo: Erik McGregor/Pacific Press/LightRocket via Getty Images

President Trump tweeted this morningagain — incorrectly claiming that the current practice of separating undocumented children from their parents when they cross the border stems from a "law" passed by Democrats.

Why it matters: While a later court decision on a deal reached by a Democratic president opened the legal possibility of separating children immigrants from their parents, only the Trump administration decided to take advantage of the ruling and enforce the practice.

The backstory: It all starts with two mechanisms from the Clinton and George W. Bush administrations designed to protect undocumented children who arrived at the border:

  1. The Flores Settlement was agreed to in 1997 by the Clinton administration following lawsuits against poor conditions in child immigrant shelters. The agreement required unaccompanied minors to be released from detention and placed with their parents, relatives or the "least restrictive" shelter.
  2. The Trafficking Victims Protection Reauthorization Act (TVPRA) was passed in 2008 and mandated how undocumented immigrants under the age of 18 who crossed the border without their parents should be treated, in order to protect them from trafficking situations. This included releasing child immigrants from detention within 3 days and evaluating the danger and risks of being trafficked before returning them to their home country.

Yes, but: a more recent federal court ruling left the door open for the Trump administration's current policy:

  • In 2015, the 9th Circuit Appeals Court ruled the Flores Settlement applied to both accompanied or unaccompanied minors — but did not apply to their parents. This eliminated the possibility of keeping whole families in detention long term, because the children were not permitted to be there, thanks to the previously instituted protections. Therefore, immigration enforcement could either release the whole family into the U.S. — or release the children and keep the parents in detention.
  • Leon Fresco, an immigration lawyer who argued on behalf of the government in 2015, warned at the time that the decision could lead to future administrations forcibly separating child migrants from their parents, he told Axios. Fresco said that the idea seemed too far-fetched at the time, "but I knew people like that. And now those people are in power."

The bottom line: The recent practice of separating migrant families is due to the Trump administration's decision to institute a "zero-tolerance" policy at the border. And while the mechanisms that allowed the Trump administration to institute its policy came about under Democratic administrations, they are not "law" and could be changed at any time.

Go deeper: Reality check: The facts behind the “missing” immigrant children

Go deeper

Louisiana braces for 3rd hurricane in 2 months as Tropical Storm Zeta nears

Municipality workers clean the streets of garbage in Playa del Carmen, Mexico, on Tuesday that was left by Zeta, which struck the Yucatan Peninsula as a Category 1 Hurricane a day earlier — causing no major damage to infrastructure. Photo: Medios y Media/Getty Images

Tropical Storm Zeta is expected to strengthen back into a hurricane and bring dangerous storm surge conditions to parts of the northern Gulf Coast on Wednesday, per the National Hurricane Center.

The state of play: Louisiana Gov. John Bel Edwards (D) requested a pre-landfall Federal Declaration of Emergency in a letter to President Trump on Tuesday, ahead of the storm's expected arrival south of New Orleans.

Updated 1 hour ago - Politics & Policy

Coronavirus dashboard

Illustration: Sarah Grillo/Axios

  1. Politics: Obama: Trump is "jealous of COVID's media coverage" Axios-Ipsos poll: Federal response has only gotten worse.
  2. Health: Hospitals face a crush — 13 states set single-day case records last week.
  3. Business: Winter threat spurs new surge of startup activity.
  4. Media: Pandemic causes TV providers to lose the most subscribers ever.
  5. States: Nearly two dozen Minnesota cases traced to three Trump campaign events.
  6. World: Putin mandates face masks.
1 hour ago - Technology

Trump's campaign website hacked

A screenshot of the Trump campaign website after it was hacked.

The Trump campaign website briefly went down and its "About" page was modified after hackers attacked the site Tuesday evening.

The big picture: With just seven days before the election, the hackers emulated the FBI and declared on the "About" page that: "this was seized. the world has had enough of the fake-news spreaded [sic] daily by president donald j trump. it is time to allow the world to know truth." Two addresses linked to the cryptocurrency Monero appeared on the site. Trump campaign spokesperson Tim Murtaugh in a statement said no sensitive data had been exposed in the attack.

Go deeper: Twitter hack raises fears of an unstable election

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