The Weekly is a rundown of news by the Ethics and Religious Liberty Commission highlighting the week’s top news stories from the public square and providing commentary on the big issues of our day.

Explainer: President Trump's Executive Order Reversing the Family Separation Policy 

On Wednesday, President Trump signed an executive order to modifies the administration’s policy of separating families who attempt to enter the country illegally. Here is what you should know about the order:

What is an executive order, and what does it do? 

An executive order is an official document, signed by the president, used to manage the federal government. Assuming they are limited to the scope of the executive action allowed by a president, executive orders have the power of federal law. While a president cannot directly create a new law or sign an executive order that violates existing law, he or she can use an executive order to specify how laws will be carried out or direct how a federal agency will carry out a task.

What changes are made by this executive order?

The executive order, titled “Affording Congress an Opportunity to Address Family Separation,” makes the following changes to President Trump’s recent border enforcement policy: 

∙ Directs the Secretary of Homeland Security, to the extent permitted by law, to maintain custody of alien families “during the pendency of any criminal improper entry or immigration proceedings involving their members.”

∙ Directs the Secretary of Defense to take all legally available measures to provide to the Secretary of Homeland Security, upon request, any existing facilities available for the housing and care of alien families, and shall construct such facilities if necessary and consistent with law. 

∙ Directs the heads of executive departments and agencies, to the extent consistent with law, to make available to the Secretary of Homeland Security, any facilities that are appropriate for the housing and care of alien families pending court proceedings.

∙ Directs the Attorney General to promptly file a request with the U.S. District Court for the Central District of California to modify the Flores settlement agreement in a manner that would permit the Secretary of Homeland Security, under present resource constraints, to detain alien families together throughout the pendency of criminal proceedings for improper entry or any removal or other immigration proceedings.

Direct the Attorney General, to the extent practicable, to prioritize the adjudication of cases involving detained families.

Has the administration reversed it's “zero-tolerance” policy?

No, that policy remains intact. All persons who cross the border illegally, including those who present themselves to immigration officials and say they are seeking asylum, are subject to criminal prosecution and deportation.

What is the Flores settlement agreement?

The Flores Consent Decree from 1997 is a federal lawsuit settlement that sets a nationwide policy for the detention, release, and treatment of all minors in the custody of immigration officials. Flores imposes several obligations on immigration authorities related to three broad categories:

1. The government is required to release children from immigration detention without unnecessary delay to—in order of preference—parents, other adult relatives, or licensed programs willing to accept custody.

2. If a suitable placement is not immediately available, the government is obligated to place children in the “least restrictive” setting appropriate to their age and any special needs.

3. The government must implement standards relating to the care and treatment of children in immigration detention.

In 2016, the Ninth Circuit of Appeals ruled in 2016 that Flores “unambiguously applies both to minors who are accompanied and unaccompanied by their parents.” The ruling also clarified that Flores does not require the release of accompanying parents.

Under the new executive order, the Attorney General will ask the court to modify the the Flores ruling to allow accompanied minors to be detained with their parents past the current 20 day limit.  

Will the currently separated families be immediately reunited?

That’s still unclear since the executive order contains no language addressing how or when the 2,300 children currently being separated will be reunited with their families. Kenneth Wolfe, a spokesman for the Administration for Children and Families, a division of the Department of Health and Human Services, said, “There will not be a grandfathering of existing cases.” But according to the New York Times, Brian Marriott, the senior director of communications for the same agency, said Wolfe had “misspoke” and that “it is still very early, and we are awaiting further guidance on the matter.” Mr. Marriott said that “reunification is always the goal” and that the agency “is working toward that” for the children separated from their families because of President Trump’s policy.  

What happens next?

Because of the limits of executive orders, a complete resolution of the issue will have to come either from the judicial or legislative branches. Even if the Ninth Circuit court grants an extension to the time that accompanied children can be detained, it likely won't be a long enough timeframe to cover asylum seekers (in fiscal year 2018, the average asylum seeker will wait 721 days for their case to be resolved). Ultimately, any long-term changes will have to be made by Congress. Sen. Ted Cruz (R-TX) introduced emergency legislation earlier this week that will require illegal immigrant families to be kept together, absent aggravated criminal conduct or threat of harm to the children.

This week on ERLC podcasts: Daniel Darling talks to Rodney Bullard, vice-president of Community Affairs for Chick-Fil-A, about the heroes who shaped his life. On the Capitol Conversations podcast, Joel Rainey, Ph.D., pastor of Covenant Church in Shepherdstown, West Virginia, joins ERLC policy director Matt Hawkins to discuss how his local church is participating in combating the opioid crisis. On the Countermoves podcast, Andrew Walker talks to Bruce Ashford about important issues surrounding public theology. And on the ERLC podcast, John Piper talks about the glory of God and racial unity.

Other Issues

American Culture

U.S. withdrawing from U.N. Human Rights Council
Politico

The United States will withdraw from the U.N. Human Rights Council, an entity it has long accused of being biased against Israel and giving cover to rights-abusing governments, the Trump administration announced on Tuesday. 

Trump's 'zero tolerance' policy denounced, defended
Baptist Press

Southern Baptist and other evangelical female leaders expressed their opposition Monday (June 18) to separating children from parents on the border as Congress prepares again to take up the immigration issue.

Bioethics

How Faith Communities Can Push Back the Darkness of Suicide
The Daily Signal

Some recent celebrity suicides have sparked much discussion about depression and mental illness. There was, however, little talk of spiritual health. That’s unfortunate. Even as the suicide rate rises, a growing body of research testifies to a positive relationship between faith and mental health.  

How Contemporary Society Promotes Elder Suicide
National Review Online

A peer-reviewed Journal of the American Geriatrics Society article warns about increasing "rational" elder suicides.

Christianity and Culture

The Fight to Define Romans 13
The Atlantic

On Thursday, Attorney General Jeff Sessions defended the Trump administration’s policy of separating immigrant children from their families at the border by referencing the New Testament. “I would cite you to the Apostle Paul and his clear and wise command in Romans 13,” Sessions said, “to obey the laws of the government because God has ordained them for the purpose of order.”  

Border separations open rift between Trump and evangelicals
Politico

An influential evangelical group on Tuesday endorsed legislation to end the Trump administration’s practice of separating migrant families at the U.S. border, adding to a chorus of criticism from the faith voters that helped propel the president into office.  

Abuse in the church: Its trauma aired by panel at SBC
Baptist Press

Russell Moore, Beth Moore, Matt Carter discuss Sexual Abuse in the Church in panel at SBC's CP Stage.

Undivided' race relations resource debuts at SBC
Baptist Press

A breakout session on racial reconciliation during the SBC annual meeting accompanied the release of a new resource to help pastors and churches bridge the racial divide in their communities.

Family Issues

Cohabitation is Pervasive
Institute for Family Studies Blog

The CDC’s National Center for Health Statistics (NCHS) put out a report in May on the demographics of cohabitation, with interesting contrasts among adults who are cohabiting, married, or neither. The report is based on a large, representative, national survey of U.S. adults aged 18 to 44, sampled between 2011 and 2015.  

International Issues

Global Religious Freedom Takes Its Biggest Hit in Over a Decade
Christianity Today

Christianity is the biggest religion in the world. It's also still the most restricted. Christians around the world face mounting political and social pressure over their beliefs, as government restrictions, nationalist parties, and harassment aimed at minority faiths continues on a global upswing.  

Canadian Supreme Court Approves Discrimination Against Those Who Attended Christian College
The Daily Signal

This September, I am sending my son from the Arizona desert to the rolling green hills and snowcapped mountains of the Pacific Northwest in Langley, British Columbia, to attend Trinity Western University. It’s the same university that was just informed by the Supreme Court of Canada that the government may deny a license to its law school graduates because the school holds Christian values.  

Religious Liberty

Canada’s Supreme Court Ruling Is a Grave Blow to Religious Freedom—and Not Only in Canada
Providence

In a case concerning a Christian university, the Supreme Court of Canada issued a ruling on June 15 that is a major blow to religious freedom. The decision will affect not only Canada but also America, and may well be an indicator of future trends in the United States.

Sexuality Issues

‘I Wanted to Take My Body Off’: Detransitioned
The Atlantic

In October 2012, Carey Callahan began a course of bimonthly intramuscular testosterone injections. After years of harassment and discomfort in her female body, she had made the decision to transition to being male. In the short term, she was happy. But she soon discovered that life as a transgender man was not what she had expected. Her discomfort persisted, as did the harassment.