they were handled through that way. at a macrolevel, there has been a challenge by the aclu, and there could be other challenges to take this to a higher level to get an order that says the department of justice cannot act in this way. i don't know that that kind of an attack would be successful because as we said this is not a legal decision. this is a policy decision. people are entering the border illegally. but what has changed and what is the radical departure from the past is this idea of a zero tolerance policy. every single person who commits that misdemeanor offense of illegal entry is being prosecuted. and because children cannot be detained or jailed awaiting trial with their parents they are necessarily being separated. what has happened in the past is allowing prosecutors to use discretion to make that common sense decision about