The Legislature is responsible for the Family Separation Policy at the US-Mexico border

I want to start by clarifying some points. I believe that if the United States does not offer social programs, such as welfare to immigrants, and the United States denies dangerous individuals into the country, there should be no laws on who may enter. I agree that having to separate children from their families is terrible. The President"s only recent executive order relating to this topic has been to reunite the children with their families, not separate them. The con argument is that just because President Trump signed an executive order reversing the law, he created the law. These two points will addressed further in the argument. When a parent commits a crime, the law does not mandate that the children accompany the parent to jail. The legislative branch is responsible for determining this specific course of action. The legislative branch is also responsible for determining if current law is moral and logical and, when there are cases of immoral and illogical laws, to legislate (make or enact laws) which solve the issue. This is because the Legislature is the most democratic branch of the government and has the strongest link to the Citizens of the United States. It is the closest link because it stands for re-election every two years. Why is this important to the current situation? It is important in two ways. First, as a general rule across the United States, the legislature deemed that parents must be separated from their children when parents commit crime and serve jail time. Second, the legislature has also deemed that immigrants who attempt to enter the country without respecting the current immigration laws are criminals. In this specific case of illegal immigration, the children are unfortunately paying for the sins of their parents when they are forced to come to the United States illegally. Now comes the purpose of the Executive Branch. The Executive Branch's purpose, i.e. President Trump's purpose, is to execute the current law. The Executive's job is not to determine if the law is moral and then change the law if it disagrees with the morality. This is because the United States does not want the power of law making in the hands of one man. If the case were that one man could create the law, we would be living in a de facto tyranny. The Judiciary branch (supreme court, court of appeals, etc.) is responsible for determining if cases are legal based on current law, not on how they feel on an issue. This is because we do not want a de facto oligarchy. How does the Judiciary determine if a law is legal? The Courts looks at the current laws, which the Legislative Branch has passed and upheld, at the time of the ruling. Now, what is the situation today? The 9th Circuit Court of Appeals (the judiciary branch) ruled in Flores vs. Reno (1997) that you cannot keep illegal immigrant's children with their parents while the parents are detained in jail at the border. This ruling was, and still is based on current law. Since 1997 to 2017, the majority in congress has gone back and forth between the Democrats and the Republicans. From 1997 to 2017, no legislation was passed to fix the issue of separating families. Republicans, in both the House of Representatives and the Senate, have now proposed to fix the issue of separating families. Ted Cruz sponsored a bill specifically addressed to the issue of separation. However, that is a discussion for another time. So, the 9th Circuit Court of Appeals deemed that the separation of children at the border is constitutional and legal because that is current law. The Executive Branch, whose job it is to execute the current law, executes the policy. This execution occurred under BOTH President Obama and President Trump. So, it is not the fault of the executive branch (Presidents Obama and Trump) that this separation is occurring. It is the fault of the legislature not solving issues like seperation by lack of proper legislation. The policy is not President Trump"s Executive order, but the law of the land passed and upheld by Congress (the Legislative Branch) and the 9th Circuit Court of Appeals (the Judiciary Branch) from 1997-2017.As stated before, President"s Trump Executive Order on this topic is reuniting the families. I have trouble with this for two reasons even though I agree with the morality of the order. The first is that the Legislature is in charge of creating law, not the president. Second, the Obama administration has openly admitted it attempted to keep children with their parents in prison and was properly sued for it. I think the blame should be on the members of Congress who refuse to pass legislation to fix the issue and the media who continue to promulgate that this issue is uniquely created by President Trump. The blame should not be put on the President of the United States.