Families aren't being separated at the border because of the nation's existing immigration laws, but because President Donald Trump is "one of the cruelest, most inhumane presidents that we have ever had," Democratic presidential candidate Beto O'Rourke said Wednesday, while explaining his plans to change the laws on the books so that asylum seekers won't face prosecution.
"We are specific that no one who is seeking asylum or refuge will ever be criminally prosecuted or caged in a detention center," O'Rourke, a former congressman, told MSNBC's "Morning Joe" the morning after his debate appearance in Detroit "We will have a family case management program but we'll also ensure that there's a lawful, orderly, safe path for people to come here, to work jobs or to go to school, or to join family."
He said he expects immigrants to "follow our laws and reserve the right to criminally prosecute anybody who willfully does not, or seeks to defraud the government."
O'Rourke's comments on immigration have continued to evolve. In May, he outlined a comprehensive immigration plan to provide a pathway to citizenship for 11 million people in the country illegally, deploy thousands of immigration lawyers to the southern border to help with asylum cases, and earmark $5 billion to bolster the rule of law in Central America.
Earlier this year, O'Rourke protested against the nation having a border wall at all, saying walls are irrelevant.
Meanwhile, in March 2018, he voted to support a spending package that included $1.6 billion for border wall construction in the Rio Grande area of Texas.
He said Wednesday that his chances against Trump are good, even though he is lagging behind in national polls.
"We can put Texas in play and furthermore, we can win Texas," said O'Rourke, noting his state has 38 Electoral College votes.
Sandy Fitzgerald ✉
Sandy Fitzgerald has more than three decades in journalism and serves as a general assignment writer for Newsmax covering news, media, and politics.
© 2026 Newsmax. All rights reserved.