The crisis began when the Trump administration started a policy of detaining people while they await an asylum hearing in civil immigration court. These are people who may have arrived legally at a port of entry or committed misdemeanor illegal entry, which is sometimes precipitated by border agents who profile poor migrants and tell them that the port of entry is full. Detaining such people rather than releasing them with a court date and an ankle monitor requires them to be separated from any children brought with them. Their children are then detained and funneled into the legal system alone. Previously, children were only detained when they arrived on their own. Those children were more likely to be older and have relatives in the US that they could be released to. Such release has been further complicated by ICE's targeting of sponsor families.

This policy was intended by the Trump administration to serve as a deterrent and likely to boost GOP political campaigns. It has overwhelmed an already backlogged system. The Trump administration would like to build a wall and likely a massive set of camps to accommodate these people whereas Democrats don't want to enable such unnecessary human rights abuses with more funding. As for laws concerning child welfare, the challenge is that they find themselves in a legal gray area. They are not US citizens, so the courts are wary of extending them basic human rights, and they are caught up in the civil immigration system, which counterintuitively means they can be treated worse than criminals. As the video shows, the administration is having trouble complying with the merest of laws that protect migrant children, namely the Flores agreement, which the administration intends to eliminate. [en.wikipedia.org]

Thanks WilyRickWiles, for the explanation. It's complicated! With regard to the human rights of those children, I would've thought that the international laws supersede the US laws...

@Naomi One would have thought. I'm not aware of all of the international laws that might apply, but I do know that the US is not party to the UN Convention of the Rights of the Child. [en.wikipedia.org]

@Naomi I am also of the mind that the provisions regarding "all persons" in the US Constitution, e.g. due process, should apply to people caught up in the immigration system, but the courts and even the Obama administration have been resistant.

Am I right in understanding that in America judges are appointed by President? That creates bias, I guess, plus, there's always a loophole in any law...I hope those children will be united with their parents soon.