Fox & Friends deceptively edited a clip of an exchange between Sen. Mazie Hirono (D-HI) and the head of removal operations for Immigration and Customs Enforcement (ICE), Matthew Albence, during a July 31 Senate Judiciary Committee hearing regarding oversight of immigration enforcement and family reunification efforts. Despite the way Fox & Friends presented the dialogue -- suggesting a sitting U.S. senator was “confused about the immigration laws” -- Hirono was, in fact, correct in her assertions that the Trump administration alone made the decision to start prosecuting everyone crossing the border illegally, which has resulted in the separation of hundreds of immigrant families. Albence would acknowledge Hirono’s assertion as “correct,” but Fox & Friends did not include the comment in its deceptively edited clip.
From the August 1 edition of Fox News’ Fox & Friends:
AINSLEY EARHARDT (CO-HOST): There was one senator, Democratic Sen. Mazie Hirono, she was confused about the immigration laws, and she started asking this ICE official, Mr. Matthew Albence, she appeared to be losing her patience, then he lost his patience because she didn’t understand the law, and she was -- just watch this.
[BEGIN CLIP]
MAZIE HIRONO : Would you send your child to [family residential centers]?
MATTHEW ALBENCE (IMMIGRATION AND CUSTOMS ENFORCEMENT): Again, I think we're missing the point. These individuals are there because they have broken a law. There has to be a process --
HIRONO: They have broken a law only as deemed so by the president with his --
ALBENCE: No, ma'am, they're there for violation of Title 8 of the immigration -- of the U.S. Nationality Act.
[VIDEO JUMPS]
ALBENCE: They are in those FRCs pending the outcome of that civil immigration process. They have broken the law.
[VIDEO JUMPS]
ALBENCE: They're both -- they’re criminal proceedings, when the Border Patrol prosecutes them, but at the conclusion of the process, once the individual came into ICE custody, they would go through administrative proceedings.
HIRONO: I'm confused.
[END CLIP]
STEVE DOOCY (CO-HOST): Apparently the senator from Hawaii didn’t understand that the parents were separated from the children because the parents had broken the law. It’s just a fact, and she thought it was because of the president’s “zero tolerance” policy. In fact, it was a U.S. statute.
From the July 31 Senate Judiciary Committee Oversight of Immigration Enforcement and Family Reunification Efforts hearing:
MAZIE HIRONO (D-HI): Mr. Albence, would you send your child to FRCs?
MATTHEW ALBENCE (IMMIGRATION AND CUSTOMS ENFORCEMENT): Again, I think we're missing the point. These individuals are there because they have broken a law. There has to be a process --
HIRONO: They have broken a law only as deemed so by the president with his --
ALBENCE: No, ma'am, they're there for violation of Title 8 of the immigration -- of the U.S. Nationality Act. OK, there's 8 USC 1325, that's illegal entry is both a criminal and civil violation. They are in those FRCs pending the outcome of that civil immigration process. They have broken the law.
HIRONO: Well, these are mainly -- my understanding is that, under zero tolerance, these are no longer civil proceedings, but, in fact, are criminal proceedings. No?
ALBENCE: They're both -- they’re criminal proceedings, when the Border Patrol prosecutes them, but at the conclusion of the process, once the individual came into ICE custody, they would go through administrative proceedings.
HIRONO: I'm confused.
ALBENCE: OK.
HIRONO: So, the law that --
ALBENCE: The criminal proceeding is the individual being prosecuted for the criminal violation of improper entry --
HIRONO: And that was the zero tolerance policy, right? That everyone would be prosecuted in a criminal proceeding. Is that not right?
ALBENCE: That is correct.
HIRONO: Thank you.