"The Voice of the New Due Process Army" ————– Musings on Events in U.S. Immigration Court, Immigration Law, Sports, Music, Politics, and Other Random Topics by Retired United States Immigration Judge (Arlington, Virginia) and former Chairman of the Board of Immigration Appeals PAUL WICKHAM SCHMIDT and DR. ALICIA TRICHE, expert brief writer, practical scholar, emeritus Editor-in-Chief of The Green Card (FBA), and 2022 Federal Bar Association Immigration Section Lawyer of the Year. She is a/k/a “Delta Ondine,” a blues-based alt-rock singer-songwriter, who performs regularly in Memphis, where she hosts her own Blues Brunch series, and will soon be recording her first full, professional album. Stay tuned! 🎶 To see our complete professional bios, just click on the link below.
Mica Rosenberg National Immigration Reporter, Reuters
I wanted to share our latest exclusive reporting that found some 16,000 children, nearly 500 of them infants under 1 year old, have been sent back to Mexico under the “Migrant Protection Protocols” to wait out their U.S. court hearings in often precarious living conditions. The government would not share a demographic breakdown of who was being sent back under the program so we sought the answers ourselves:
Separately, we just completed a multimedia project that took months of work and lots of cross-border collaboration to follow the diverging fates of several migrants who travelled with the caravans last year:
Thanks Mica & team for the great in-depth reporting highlighting the human costs of the Trump Administration’s scofflaw policies.
It’s also what “Big Mac With Lies” actually stood for and went along with during his tenure at DHS. Things to remember when, somewhere down the line, Big Mac inevitably tries to “reinvent himself” as “the voice of reason” or an “internal resistor” to Trump’s grotesque anti-human rights campaign and his “political weaponization” of DHS.
DHS actually has a duty to insure that refugee laws are fairly and generously applied, as intended, to protect those fleeing persecution and torture. Not only did Big Mac fail to carry out that responsibility, but he actively undermined, mocked, and further endangered those needing protection under our laws. And, it was all part of a blatantly racist, White Nationalist, restrictionist Trump agenda that Big Mac fully understood and willfully advanced. He presided over a highly corrupt, unprofessional, politicized, weaponization of DHS. By this time, the damage appears to be irreparable.
Asylum seekers I meet flee something even worse than Trump’s unethical immigration agenda
Our immigration policies seek to discourage border crossings by making life difficult for migrants. But almost nothing could be worse than going home.
Updated 8:38 am EDT Sep. 24, 2019
The Trump administration recently announced it intends to end the Flores settlement, an agreement that has been in place since 1997 and sets minimum standards for the treatment of children in detention. Under Flores, the detainment of children is restricted to a maximum of 20 days in order to limit their exposure to the harsh conditions and negative health impacts of detention. Overturning this agreement would allow children to be detained with their families indefinitely.
As a physician who works with adults seeking asylum in the United States, part of my role is to understand the magnitude of violence that a person has experienced and that has motivated their journey to our country. The stories I hear, and the physical and psychological scars that these asylum seekers bear, are a vivid portrayal of the forces driving migration.
The Trump administration has rationalized their decision to overturn Flores using the concept of deterrence. Ken Cuccinelli, acting director of Citizenship and Immigration Services, explained the decision this way:
“This is a deterrent, because they know that instead of rushing the border, which is what’s been going on for a number of years now, by using the massive numbers coming to the border and overwhelming our facilities and our capacity to hold folks and our court rulings, which is what the Flores rule was, that now they can and will to the extent we’re able to do so, hold them until those hearings happen.”
In other words, if migrant families know they face prolonged detainment in the United States, they might reconsider making the journey at all. This flawed logic exemplifies a fundamental misunderstanding of the context of migration to our southern border today.
‘Push’ and ‘pull’ — but especially ‘push’
Migration is driven by a combination of “push” and “pull” factors. In economic migration, migrants are being pulled to the USA by promises of better jobs or educational opportunities in the destination country.
But much of the record level of migration from Central America here has been driven, not by the allure of better opportunities, but by an epidemic of violence in the home countries — by push factors. In fact, a recent Doctors Without Borders report found that nearly 40% of migrants cited direct attacks or threats to themselves or their families as the main reason for fleeing their countries. The majority of these people originate from El Salvador, Honduras and Guatemala — the Northern Triangle — one of the most violent parts of the world today.
The principle of deterrence is based on the idea that any act has associated positive and negative outcomes. If you are able to increase the associated negative outcomes, then you may ultimately reach a tipping point where it is no longer in the actor’s best interests to perform the act.
In the case of migration, if you can increase the negative consequences of crossing the border without legal status, then at some point the harm of doing so outweighs the potential benefit. But as I listen to the histories of asylum seekers — to the accounts of torture, of gang rape, of family members, including children, being murdered in front of you — deterrence seems not only morally dubious but futile. When this is the push, is there anything in the world that could deter you from running?
How cruel are we willing to be?
I recently met one asylum seeker fleeing years of imprisonment and brutal sexual violence by a gang in her home country in the Northern Triangle. After a harrowing escape and journey leading to our border, she presented herself to Customs and Border Patrol Protection agents and requested asylum. She was taken into custody and sent to a detention facility in California, where she had been awaiting her asylum hearing for months.
After sitting with her for hours, hearing her story and examining her scars, I asked her how she felt about being in detention. She shrugged. When she arrived at the U.S. border seeking safety, she certainly hadn’t expected to be put in jail. But she also told me that the detention center wasn’t all that bad — no one rapes her there.
Many of the asylum seekers I have met give a similar, stark assessment of the pros and cons of migrating to the USA. I have led clinics in New York, Massachusetts and California that conduct forensic medical evaluations for people seeking asylum, and the terror that they are fleeing is consistent.
Through my work with the Los Angeles Human Rights Initiative, I met another young woman who had been imprisoned by a gang and subjected to torture and gang rape before escaping and coming to the United States. She told me she would rather die in detention than be deported home to the Northern Triangle to face her former captors who awaited her there.
A third woman in California, who was applying for asylum on the grounds of domestic violence, was resolute when she spoke with me about her heart-breaking decision to leave her son behind with family when she fled her ruthless husband, a police officer in her town. When I asked whether she ever regretted her decision, she said no. Leaving her son had felt like dying, but the abuse her husband had subjected her to was worse than death.
Apart from being unethical, the human rights abuses generated by the Trump administration’s immigration policies will simply not accomplish their objective of stemming the tide of migration. The bleak reality is that, to deter people from seeking safety in our country, we would have to do so much worse than locking them up with their children indefinitely. Unless we are willing to be more cruel than what they are fleeing, deterrence is not an option.
Unfortunately, I think that Dr. Emery has underestimated the racism-fueled intentional cruelty of the Trump Administration as well as the cowardice and fecklessness of many Federal Judges, particularly at the appellate level.
Sending asylum applicants to Mexico, Guatemala, Honduras, and El Salvador, some of the most dangerous country in the world, plagued by corruption, and without functional asylum systems takes lawlessness, cruelty, complicity, and open mockery of our justice system to a new level!
I agree with her that it probably won’t be enough to stop refugees from coming. But, it might well be enough to stop them from using our legal system and to just take their chances with the smugglers and the extralegal immigration system that Trump and his courts have been working so hard to expand and enable.
As I have said numerous times, Trump and his immoral scofflaw DHS & DOJ sycophants are the “best friends” of professional smugglers, cartels, gangs, rapists, kidnappers, and extortionists. By diverting attention and resources from real law enforcement to punishing individuals who are trying to use our legal system, Trump and his cronies and enablers have been an amazing boon and “profit center” for criminals.
The Trump administration is failing to fund legal services for detained immigrant children ― some under 5 years old ― in three shelters, HuffPost has learned. That violates federal law and could have life-threatening consequences for the minors, immigration lawyers say.
In July, HuffPost reported that the administration was not providing legal services to children in a now-closed temporary facility in Carrizo Springs, Texas, which held a few hundred immigrants, even though federal law and a court settlement require the government to inform detained migrant kids of their legal rights and to ensure access to counsel “to the greatest extent practicable.”
At the time, the government acknowledged that it was not paying for legal aid in the shelter, which a spokesperson chalked up to budgetary issues that would soon be resolved.
The government now claims it is funding legal aid for immigrant minors in all shelters. But multiple legal aid attorneys told HuffPost that’s not true. These lawyers said they are working for free, without the government money they usually receive for their services.
Legal service organizations confirmed that the federal Office of Refugee Resettlement, which is responsible for sheltering kids detained at the border without their parents, is not paying for legal aid in two recently opened shelters. One in Phoenix houses children under 5 years old, and another in Modesto, California, holds teenage mothers and their children. There is also no legal service contract in place for a separate shelter in Phoenix that is being reopened and is expected to start detaining up to 420 children as early as next week, according to Golden McCarthy, the children’s program director at the Florence Immigrant and Refugee Rights Project, which provides aid to detained children in Arizona.
Without legal help, immigrant kids must go through complex legal proceedings on their own and may more easily be deported back to violent situations in their home countries.
“The stakes are literally life and death,” said Jennifer Podkul, an interim vice president at Kids In Need of Defense (KIND), which provides services to the Modesto shelter. “If a kid does not know how to tell their story to an adjudicator, our government runs the risk of sending a child back to their death.”
. . . .
Some immigration advocates told HuffPost they saw the lack of legal aid funding as part of a larger attempt to strip immigrants of their basic rights.
“Our government is engaged in premeditated, deliberate acts of cruelty against children,” said Jonathan Ryan, the executive director at the migrant advocacy and legal aid group Refugee and Immigrant Center for Education (RAICES). “I don’t think one has to be a conspiracy theorist to believe that the government is attempting to systematically dismantle every framework of support for any immigrant in this country.”
KIND and the Florence Project are trying to meet the children’s needs in Modesto and Phoenix, but it’s a struggle without additional government funding. It can take KIND’s lawyers an entire day to travel to and from the Modesto shelter, where the organization is providing pro bono services, and KIND lacks the money to hire additional staff, Annand said. They alternate trips to the shelter with lawyers from another legal service organization to make the work more manageable, but it’s not a permanent solution, especially if the number of detained kids grows.
In Phoenix, McCarthy said the Florence Project would ideally hire a full-time team of six people to service a shelter with hundreds of kids, but that’s not possible without government funding. Instead, she will have to ask existing staff to take on the additional work, which again is not a sustainable solution.
McCarthy hopes the government will come through with a contract, but worries about the long-term consequences if ORR does not fund legal aid.
“I think that children will inevitably go into court by themselves,” she said. “If a child doesn’t have parents or a legal guardian moving through the process with them, then they are really doing it on their own. That’s concerning.”
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Read Angelina’s complete article at the link.
“Premeditated, deliberate acts of cruelty against children.” So, what else is new from this scofflaw, White Nationalist, racist Administration and its bureaucratic toadies and enablers?
A government watchdog report published Wednesday said immigrant children who were separated from their parents at the border by the Trump administration last year suffered increased post-traumatic stress and trauma.
Some unaccompanied immigrant children who end up at government facilities already experienced physical or sexual abuse in the countries they fled, or violence on the journey to the US, the report said. The trauma was only made worse by the “zero tolerance” policy that led to thousands of children being systematically separated from their parents by immigration authorities in the spring of 2018.
Separated children experienced heightened levels of anxiety, fear, and PTSD compared with children who were not taken from their parents, the Department of Health and Human Services (HHS) Office of Inspector General said. Its report looked at facilities funded by HHS’s Office of Refugee Resettlement, which had custody over children who were separated from their parents or who arrived in the US unaccompanied by an adult.
“Some separated children expressed acute grief that caused them to cry inconsolably,” the report said. “Children who believed their parents had abandoned them were angry and confused. Other children expressed feelings of fear or guilt and became concerned for their parents’ welfare.”
The report offered additional details on the effects the Trump administration’s systematic family separations had on immigrant children and how the trauma was made worse by federal agencies’ lack of preparedness and poor record-keeping.
One 7- or 8-year-old boy who was separated from his father believed his dad had been killed and that he would also be killed. The child ended up in emergency psychiatric care.
dical director said separated children felt physical manifestations of their psychological pain and made statements like “every heartbeat hurts” or “I can’t feel my heart.”
The increased mental health issues were made worse by the difficulty in finding the parents of separated children and being able to set up phone calls with the kids — due to the government’s lack of record-keeping for separated children.
During the height of family separations at the border, statements from federal authorities revealed the Trump administration had little to no planning for how the children and parents would eventually be reunited.
At a court hearing in 2018 before a judge who ordered the Trump administration to reunite separated children, Justice Department attorneys acknowledged that the government is uncertain it knows the whereabouts of all the parents of 101 children under the age of 5. Around the same time, Health and Human Services Secretary Alex Azar told reporters that the agency was scrambling to be sure it knew the location of all the children who’d been separated from their parents.
Program directors at facilities holding separated children said the process for reuniting children covered by the judge’s order changed frequently and with little notice, adding to the stress and mental health needs of these kids.
Some reunifications were scheduled with little notice, were suddenly canceled, or were delayed. In one case, a girl was moved from a facility in Florida to a facility in Texas to be reunited with her father, but after making several trips to the detention center, she was sent back to Florida “in shambles” without ever seeing her dad.
Another HHS OIG report, the result of 45 visits to facilities and a review of some employee files last year, found that some facilities holding unaccompanied immigrant children didn’t have proof of employees’ FBI fingerprint or Child Protective Services background checks.
Half of the facilities allowed employees to start working with children before getting the results of either the FBI fingerprint check or the CPS check, or both, the report said. Ten employees worked with children for a year or more with no prior FBI criminal background check.
Amy Frontz, assistant inspector general for audit services, said that for the employees that they were able to eventually get background information, no disqualifying factors were found. And an OIG spokesperson said, “We don’t have information at this time that the lack of background checks resulted in any specific abuse or assault cases.”
“However, some employees when we completed our work did not have have an FBI background check or CPS check,” Frontz said.
Frontz noted that in 2018, HHS OIG released a memo that staff at the “tent city” in Tornillo, Texas, that was holding hundreds of immigration children, were not undergoing FBI fingerprint checks. After more than 1,500 employees had their background checks conducted following the memo, 26 people were terminated because of their results, Frontz said.
An OIG statement was updated to reflect they don’t have information at this time that the lack of background checks resulted in any specific abuse or assault cases.
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Donald Trump, Jeff “Gonzo Apocalypto” Sessions, Kirsten Nielsen, Stephen Miller, and a host of other dangerous child abusers, some masquerading as U.S. Government officials, remain at large. They should be considered armed with lies, false narratives, illegal schemes, and toxic White Nationalist restrictionist agendas and extremely dangerous to life, liberty, and the pursuit of happiness.
The Trump Administration Is Now Deporting Kids With Cancer
The new policy is a major departure from longstanding legal practice, which allowed the federal government to exercise discretion where a little humanity is warranted. Unfortunately for sick kids, humanity is not part of Trump’s agenda.
When you’ve already separated families, thrown children in cages, and held them in conditions that “could be compared to torture facilities,” it’s a bit of a challenge to come up with your next act. Evil takes creativity, and once you’ve forced migrant kids to go weeks without a shower or change of clothes and fed them expired food, it’s tough to continue nailing those Hitler comparisons. Somehow, though, the Trump administration always rises to the occasion:
The new policy is reportedly a major departure from long-standing legal practice; for decades, the federal government has used it to exercise discretion where a little humanity is warranted, like when a child is critically ill and will die if ordered to leave the country. Unfortunately for such children, humanity is not part of the Trump administration’s agenda. Per the Boston Globe:
“I can’t go back to Haiti,” Marie said in an interview on Monday organized by local immigration advocates. “I won’t find this medical care for him there.” According to Mahsa Khanbabai, chair of the New England chapter of the American Immigration Lawyers Association, the exact number of immigrants potentially affected by the change is unclear, but estimated to be in the thousands, including children with cystic fibrosis, leukemia, and muscular dystrophy.
“This is a new low,” Senator Ed Markey told the Associated Press of the news. “Donald Trump is literally deporting kids with cancer.”
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Read the complete article with “missing quote boxes” at the link. But, you get the gist from this.
Pretty much says it all about what we have become as a morally bankrupt nation under Trump.
On Wednesday, the Trump administration released a regulation that would allow it to detain migrant children indefinitely. The new rule, which is not yet in effect, would end the 1997 consent decree known as the Flores Settlement Agreement, which put in place protections for migrant children who arrive at the border. The Flores agreement limits how long children can be detained and requires that they be placed in the least restrictive setting possible.
Many Americans first heard about the Flores agreement last summer, when the Trump administration began separating families at the border. The administration claimed that it had to separate children from their guardians because the Flores agreement would not let the government detain the families together long enough to resolve the parents’ immigration cases, which often takes months or years. Previous administrations usually released families until their cases were heard.
1. Long-term detention has lasting mental health effects on children
Acting homeland security secretary Kevin McAleenan said that the rule sets guidelines for the care of detained families in “campus-like settings” where all needs are ostensibly met. These “family residential centers,” he said, will have “appropriate” facilities for “medical, educational, recreational, dining” and housing needs. However, there is good reason to doubt that detention conditions will be adequate, given recent reports of the lack of even basic necessities at some facilities.
Detention is likely to have a lasting detrimental impact on children’s mental health. A 2017 American Academy of Pediatrics report concluded that detained immigrant children experience high levels of mental health problems such as anxiety, depression and post-traumatic stress disorder during and after detention. Detaining children with their families does not significantly mitigate the severe mental health impact. Any detention is especially traumatic for children; long-term detention only increases the likelihood of lasting effects.
In the week I spent earlier this year in the family detention center in Dilley, Tex., law students and I observed that the environment created continuing trauma for the children and families. One child I met cried silent tears throughout the legal meeting I held with her mother. A detained teenager was entertaining thoughts of suicide and refusing food.
Children are detained more than 20 days when bureaucratic hurdles block their release. For example, in December 2018, the average stay in the children’s detention facility at Tornillo, Tex., was 50 days. Such waits are caused by a Trump-era Department of Homeland Security policy that requires background checks of the relative waiting to take in the child and also of every person in that relative’s home. Cornell Law School faculty members have met children detained in Brownsville, Tex., for up to 10 months.
3. The rule will not deter desperate families
McAleenan claimed that the rule will discourage adults from bringing children to the United States, whether those adults are the children’s parents, other relatives or smugglers. But such deterrence policies rarely work, researchers find. Pushed out of dangerous home countries by poverty, crime or other threats, migrants simply look for other ways into the United States.
For example, the Trump administration’s new Migrant Protection Protocols require migrants who present themselves at an official border point of entry to wait in Mexico for their asylum hearing. Knowing this, many detained women I spoke to in Dilley had avoided the point of entry. Instead, they crossed the Rio Grande at night on inflatable rafts, clutching their toddlers. They asked for asylum when Border Patrol apprehended them.
4. The rule faces several potential legal challenges
The administration published the rule in the Federal Register on Friday. It could take effect in 60 days, but only if it’s approved by federal judge Dolly M. Gee, who oversees the Flores agreement. Once the rule is published, the government has seven days to file a brief to obtain her approval. Last year, she denied the government permission to modify Flores to permit indefinite child detention. If she denies this request as well, the government will probably appeal.
Even if Gee grants the government’s request, the rule will probably be delayed by legal challenges from advocacy groups such as the Center for Human Rights and Constitutional Law, which originally filed the Flores case and continues to litigate it today. Advocates are likely to argue that the new rule violates Flores, putting the government in contempt of the court’s order.
If the rule does go into effect, advocates will probably bring a new class-action suit under some of the principles of the original 1985 Flores complaint, arguing that indefinite detention is a violation of due process and equal protection under the Constitution. They may also argue that the policy violates certain provisions of the Immigration and Nationality Act. Further, advocates could turn to international human rights law, arguing that the rule violates the right to personal liberty and security enshrined in the International Covenant on Civil and Political Rights.
Lawyers for detained children may also file individual writs of habeas corpus, a legal term for petitions for release alleging that the detention is an unconstitutional deprivation of freedom. Immigration attorneys have increasingly been filing habeas corpus petitions for immigrants in prolonged detention — at times successfully obtaining their clients’ release.
Beyond legal action, the indefinite child detention policy may again spark public outrage, as happened last summer over family separation. Collective public action could also prompt policy change.
Jaclyn Kelley-Widmer is an assistant clinical professor of law at Cornell Law School, where she teaches lawyering and directs the 1L Immigration Law and Advocacy Clinic
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So, why are guys like Big Mac, “Cooch Cooch,” Barr, and Stephen Miller still on the “public dole” rather than in jail for abusing children, lying about it, and knowingly and intentionally abusing our legal system with frivolous false claims?
These aren’t legitimate legal and policy disputes.They are blatant attempts, fueled by outright lies and racist-inspired knowingly false narratives, calculated to “break” our legal system and improperly punish individuals for exercising their legal rights.
Nancy Gibbs Professor, Harvard University Former Editor, Time
Nancy Gibbs writes in WashPost:
Nancy Gibbs is director of the Shorenstein Center on Media, Politics and Public Policy at Harvard University and a former editor of Time.
It is not an act of particular virtue to love your children and treat them well; instinct and evolution privilege our own kids, and from the moment they blink into the world, we would risk anything for their safety, sacrifice anything for their happiness.
It’s how we treat other people’s children that measures and tests us today. And here, as we shudder at the impact of his immigration policies on families, I can’t help but think that President Trump is channeling parents on both the right and the left who’ve decided that other people’s children don’t matter, as long as their own get ahead.
Anyone asserting the existence of certain universal values could always default to this: No decent society would ever argue that it’s okay to torture children. Which made it all the more chilling when U.S. Immigration and Customs Enforcement officers in Mississippi swept up about 680 undocumented workers, leaving some children to return from the first day of school to locked houses, missing parents and shattered families. The spectacle — and it was flaunted as a spectacle, the largest one-state immigration enforcement effort in U.S. history — does not just challenge us on how best to balance politics, economics and justice. It asks us, “When is it okay to torment other people’s kids?”
For Trump, the answer was clear and blithely callous: “This serves as a very good deterrent,” he declared. What parent watching the sobbing children would dare step foot across a border illegally? “I just hope to keep it up,” he said.
You don’t have to be an apologist for open borders to conclude that there are ways to promote security that stop short of emotional torture. Yes, children often suffer when parents commit crimes, but that is the collateral damage of enforcement, not its goal.
Still, the mentality that justifies harming children so long as they’re not your own is not unique to the president. From the beginning of this year to mid-August, the Centers for Disease Control and Prevention confirmed more than 1,200 cases of measles, the most since 2000. Arrogance plus ignorance takes its toll: Parents who won’t “risk” vaccinating their own children discount the risk to others. If they think vaccines are more dangerous than the diseases they prevent, they should hope other parents stop vaccinating, as well. But more likely they are counting on others to comply so that their own children can have the best of all worlds: no vaccine and little chance of exposure to disease.
In a different way but in the same spirit, the psychotically ambitious parents of the “Varsity Blues” college admissions scandal did not care who they deprived of a spot at Stanford or the University of Southern California as long as their children succeeded. Unlike many things in life, college admissions is zero-sum; an unqualified student who bribes her way in takes a spot from someone who tried to earn it. Need extra time for the SAT? Get a doctor to diagnose a learning disability. Between 2009 and 2016, the number of students getting special accommodations more than doubled, according to an analysis by the Wall Street Journal. At one school in affluent Westchester County, N.Y., nearly 1 in 5 students had special testing privileges, which was nearly 10 times the national average.
These are starling parents, like the birds that destroy other birds’ eggs to take their nests and protect their own. For if every parent puts his or her child first at all costs, communities degrade, schools can’t function, society becomes ungovernable. And while they are not natural objects of sympathy, the cheaters’ children suffer, as well. The most obvious victims are the ones who end up sick or disabled by infections that could have been avoided. But moral infection eats you from the inside, rots relationships, wounds self-worth. As the college admissions scandal unfolded, I kept wondering what scars the parents’ ambitions left on their children. “The ruin of a nation,” a Ghanian proverb warns, “begins in the homes of its people.”
Which brings us back to our larger family. America’s identity derives from ideals that set us apart from the places we left to come here: freedom and fairness, justice and mercy, where anyone with moxie and muscle can build a future. We care for our neighbors; we honor service and sacrifice. Soldiers died for these values; parents watched sons and daughters go to war, sacrifice that which was most precious, to defend something bigger than ourselves.
This president doesn’t seem to think very much of our national character. He discounts our instinctive generosity to those in need, our compassion not just for our own children but all children, our confidence that we can succeed together, not just at each other’s expense.
What happens when nothing is bigger than oneself, no value is worth sacrificing for and it’s every man for himself? We are finding out.
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Trump constantly preaches a foul doctrine of “beggar thy neighbor.”
WASHINGTON — The number of undocumented immigrant children in U.S. custody is reaching breaking-point levels again, months after the Trump administration had reduced the total in shelters in response to anger over policies that kept children there.
The recent increase is largely due to a surge in the number of children crossing the U.S.-Mexico border rather than an administration policy. Overall crossings this year have skyrocketed to decade-high levels.
As of Thursday, the number of undocumented immigrant children in U.S. custody had increased to more than 13,000, according to figures obtained by The Chronicle. The number is a near-record high, and puts the shelter network that the Department of Health and Human Services runs to keep such children in custody near maximum capacity.
Trump administration officials have asked Congress for nearly $3 billion more to increase shelter capacity. Without it, they say, Health and Human Services could run out of money for the system by June.
While the shelter network has come under increased attention in the aftermath of President Trump’s separation of families at the border last summer in order to prosecute the parents, the vast majority of children in the system come to the U.S. by themselves.
The 13,000 figure has been exceeded only once before. Last fall, the total surpassed 14,000 children in custody for the first time in history, topping out close to 15,000.
That was due mainly to an administration policy under which Immigration and Customs Enforcement rigorously screened adults who were applying to take the children out of custody. The change slowed the process and often deterred such sponsors, usually family members, from coming forward. ICE also arrested some for being undocumented immigrants.
The practice so infuriated members of Congress that in a government funding bill in February, they barred ICE from using the information it collected as part of the screenings to arrest immigrants.
The Trump administration instituted a policy in December to try to release undocumented children from its custody more quickly, rescinding its requirement to fingerprint every adult in the home where the child would be living. Only the adult sponsoring the child is fingerprinted now.
By January, that had brought the number of children in custody below 11,000, according to Health and Human Services, with thousands of beds available.
Always great to get Tal’s timely and highly readable reporting!
What’s the solution? Well, it’s notthe Trump Administration’s “preferred solution” of allowing the Border Patrol to mindlessly rocket vulnerable kids back to the Northern Triangle to be killed, tortured, exploited, abused, or forced to join gangs. It’s actually part of a worldwide trend that has seen more and more of the total refugee population comprised of children. So, this phenomenon shouldn’t have come as a surprise to a competent Administration focused on dealing with refugee situations humanely under the laws.
A rational solution would be to work closely and cooperatively with NGOs with expertise in child refugees (like, for example, Kids In Need Of Defense (“KIND”) or the Safe Passage Project), pro bono lawyers, and communities to figure out what is in the best interests of these children.
Then, pursue the right options: Special Immigrant Juvenile Status (”SIJS”) for some; expedited grants of asylum through the Asylum Office under the Wilberforce Act for others; TPS for others, recognizing the reality that there is an “ongoing state of armed conflict” in the Northern Triangle; an exercise of prosecutorial discretion (“PD”) for others; and humane and organized repatriation for others, where that is actually in the child’s best interests.
There are plenty of tools available under existing laws to deal with this issue. We just have an Administration that refuses to use them and prefers to create a “crisis” to justify “throwing children under the bus.” Mistreating children is cowardly and bodes ill for the future of any country that permits it to happen. What goes around comes around!
(CNN)On your 18th birthday, immigration officials will come for you, a lawyer explained. You will be shackled, you will be placed in an orange jumpsuit, and you will be taken to jail. “But I need you to know you are not a criminal.”
This is how Allison Norris, toll litigation staff attorney at Americans for Immigrant Justice, prepares her teenage clients in federal migrant detention shelters who are nearing age 18 without the prospects of a suitable sponsor to whom they can be released.
One of these clients is Veronica, whose name has been changed to protect her identity for fear of retribution. At age 17, she arrived in the United States alone, fleeing sexual predators in El Salvador.
Between the time Veronica arrived and when she turned 18, just over four months, Norris says, she attempted to find a sponsor. But none of the family friends who applied met the extensive list of requirements of the Office of Refugee Resettlement in order for her to be released from the shelter for migrant children in South Florida where she was detained.
On her 18th birthday, she woke up scared, wondering what would happen to her, Veronica said. Norris’ detailed warnings had not exactly calmed her down.
At 8 a.m. on her birthday, immigration officials arrived at the shelter. She was placed in ankle shackles and put in a “very cold room” for hours before being taken into adult detention, Veronica said.
In the months that followed, Veronica describes feeling depressed, crying every day and losing hope. Because she wasn’t serving a specific sentence, she had no idea how long she’d spend in detention.
With hours to fill in a cell she shared with three older women, she relived in her mind the attacks she suffered in El Salvador.
“I didn’t know what was worse: to have died in El Salvador or to be locked up,” she said.
Veronica is part of a group of kids known as ORR age-outs. When unaccompanied minors arrive in the United States, they are placed in the custody of the Office of Refugee Resettlement, part of the US Department of Health and Human Services, a humanitarian agency in nature.
Once they turn 18, teens are moved into the custody of the Department of Homeland Security — more specifically, US Immigration and Customs Enforcement, a law enforcement agency known as ICE. Migrant youth cannot, by law, stay in the shelters that housed them before they turned 18.
“I have interviewed the children right before they turn 18 and they go into these facilities,” said Yenis Castillo, a forensic psychologist with the nonprofit advocacy group Physicians for Human Rights. “All the kids I interview are terrified.”
In the weeks leading up to their 18th birthdays, Castillo said, she has seen teens act out, develop chronic headaches or high blood pressure, become depressed and even become suicidal.
“When people undergo trauma, they live in a constant state of alert, and on top of that, then we are sending them to prison,” she said.
Neha Desai, director for immigration at the National Center for Youth Law, has toured immigrant child detention centers across the country. “Everywhere I go, the kids that are in most extreme and visible distress are the ones that are approaching age-out. There’s so much anxiety in that period of time,” she said.
The Trafficking Victims Protection Reauthorization Act, passed in 2000 and reauthorized in 2008 and 2013, states that when unaccompanied immigrant children in the custody of the Office of Refugee Resettlement turn 18, ICE “shall consider placement in the least restrictive setting available after taking into account the [individual’s] danger to self, danger to the community, and risk of flight.”
“What we’ve seen is that they very rarely do,” said Xiaorong Jajah Wu, immigration attorney and deputy program director at the Young Center for Immigrant Children’s Rights. Wu oversees offices in Houston and Chicago, where she says it is the child’s attorney or child advocates who put forth alternatives to adult detention, “basically begging ICE not to take these kids on their 18th birthday.”
Wu said her team has not seen what they’d consider “any level of thought” being put into the decision of whether to take a migrant youth into adult detention.
In California, Lindsay Toczylowski, an immigration attorney and founder and executive director of the immigrant Defenders Law Center, says the move into adult detention has become the norm rather than the exception for teens over the past two years.
“What we’ve seen is a lack of discussion for ICE when deciding whether or not they are going to take a kid into custody,” she said. Toczylowski also worries about the way in which this is done, which she describes as “overkill,” considering that these are typically petite teens from rural communities in Central America who have committed no crimes.
Kate Melloy Goettel, senior litigation attorney at the National Immigrant Justice Center, noted that “Congress really understood that these kids are vulnerable. And now we are just trying to get ICE to understand that they have obligations under the law to really try to find options other than detention.”
These options, Goettel explains, includes placement with family members, non-family sponsors, shelters, group homes and institutional placement.
Jennifer Elzea, press secretary for ICE, wrote in an email that “custody determination is made by ICE on a case-by-case basis, taking into account the totality of the individual’s circumstance, to include flight risk, threat to the public and threat to themselves.” Elzea acknowledged understanding the requirement that the agency consider the least restrictive setting available and to consider alternatives to detention.
Goettel is part of the team of attorneys at the National Immigrant Justice Center who, in March 2018, sued Homeland Security and ICE on behalf of two migrant teens who were placed in adult prisons when they turned 18. The lawsuit alleges that ICE “failed to consider them for placement in ‘the least restrictive setting available’ and to provide them with meaningful alternatives to detention, as required by amendments to the Trafficking Victims Protection Reauthorization Act.”
According to documents obtained from the Office of Refugee Resettlement as part of the class-action lawsuit, 528 children aged out of custody in 2015. The number doubled to 1,044 in 2016, remained about the same at 1,091 in 2017 and, in the first half of 2018 alone, included 1,240 kids.
In November, Health and Human Services confirmed that there were a record 14,000 unaccompanied children in Office of Refugee Resettlement custody.
Since the lawsuit was filed, a judge required ICE to reassess the custody of the two original teens and place them in the “least restrictive setting possible.” In August, the court granted a motion for class action certification, meaning the lawsuit against Homeland Security is now on behalf of all unaccompanied migrant children in custody of the Office of Refugee Resettlement who “age out” when they turn 18.
When asked about the lawsuit, Elzea said, “ICE does not comment on pending litigation”
As for Veronica, she spent just over two months in adult detention. Norris, her attorney, says that a family friend with lawful status was able to get all required documents quickly, and Homeland Security released Veronica to live with her.
But, Norris says, the process can take much longer for other teens, many of whom lose hope while in detention and ask to be sent back to their home countries.
“They fought all this way to come here, raised all this money to go on this very dangerous journey to escape horrific violence, and all of a sudden they’ve been in detention for three months, and they’re like ‘just send me back. I can’t take it anymore,’ ” she said.
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The obvious solution: protect the kids; resist the Trump Kakistocracy. That’s what the New Due Process Army does!
This past Friday, the Department of Homeland Security’s random policy change deeming youths between the ages of 18 and 20 years old ineligible for special immigration protection ran into a brick wall in the form of the U.S. District Court for the Southern District of New York. In his decision in R.F.M. v. Nielsen, Judge John G. Koeltl held that DHS’s sudden policy shift denying Special Immigrant Juvenile Status (or SIJS, for short) to qualified youths over the age of 18, a group that it had previously approved under the same statute for nearly three decades, (1) was contrary to the plain language of the statute it claimed to interpret; (2) lacked a reasonable explanation, (3) was premised on an erroneous interpretation of state law, and (4) was not enacted with adequate notice, as required by the Administrative Procedures Act. For these reasons and more, Judge Koeltl concluded that the policy shift was arbitrary and capricious, in excess of statutory jurisdiction, and without observance of the procedure required by law. The judge further granted the plaintiffs’ motions for class certification and for summary judgment.
What exactly did DHS do to invoke such a strong judicial rebuke? SIJS was created by Congress in 1990 to provide a path to legal residence for immigrant youths who have suffered abuse, neglect, or abandonment. The statute defines juveniles eligible for such benefit as those under the age of 21, and applicants under that cut-off age were generally afforded such status. However, in early 2018, the present administration suddenly and without warning began denying applications involving applicants over the age of 18. Sounding very much like Herr Zeller in The Sound of Music claiming that “nothing in Austria has changed,” government counsel attempted to argue that there had been no change in policy, a claim that Judge Koeltl outright rejected in light of clear evidence to the contrary. As the L.A. TImes reported in January, the impact of the policy shift was magnified by another DHS policy directive to commence deportation proceedings against those whose applications for benefits are denied, an action that had previously rarely been taken against juvenile applicants.
What immediately struck me about the new DHS policy at the time of the shift was its position that the New York Family Court lacked jurisdiction over youths who had reached the age of 18 as a basis for denying the petitions. How could a federal agency feel it had the right to rule on a state court’s jurisdiction over a matter of state law? Of course, Judge Koeltl noted in his decision that in spite of a USCIS Policy Manual requiring the agency to rely on the state court’s expertise on such matters, and prohibiting the agency from reweighing the evidence itself or substituting its own interpretation of state law for that of the state court, DHS nevertheless did exactly that, substituting its own interpretation of New York law for that of the New York Family Court in arguing for that court’s lack of jurisdiction. Of course, DHS’s improper interpretation wasn’t even a correct one; with the judge finding that DHS’s conclusion “is based on a misunderstanding of New York State law.”
Just in case there was any doubt as to its bad faith, the Government even opposed the motion that the young Plaintiffs be allowed to proceed anonymously in the action, identified only by their initials. What possible reason other than harassment could DHS have in opposing such motion made by young plaintiffs who had suffered abuse or abandonment?
Not coincidentally, there has been a surge in SIJS-eligible youth arriving at the border in recent years, with most coming from the besieged Northern Triangle countries of El Salvador, Guatemala, and Honduras. Youths in those countries run a shockingly high risk of being targeted for domestic violence, forced gang recruitment, and other physical and psychological harm. These are children that we are talking about. Nevertheless, the Trump Administration has consistently targeted citizens of these countries, inaccurately labeling them as criminals and deriding the legitimacy of their motives for seeking refuge in this country. And, like pieces in a puzzle, the shift in SIJS policy is just one more way that the Trump Administration has created obstacles for a group it should be seeking to protect.
Hats off to the Legal Aid Society and the law firm of Latham and Watkins for their outstanding representation of the plaintiffs.
Copyright 2019 Jeffrey S. Chase. All rights reserved.
Here’s a link to the “full text” of the case Jeffrey discusses, courtesy of our good friend Dan Kowalski over at ltl G. Koeltl
What about the DOJ attorneys who are defending these patently illegal actions in court, often without providing any rationale that would pass the “straight face test?” Why is it OK to present “pretextual” reasons for policies that publicly available information shows are actually based on bias, undue outside influence, ignoring facts, and sometime outright racism, and xenophobia? Why are DOJ attorneys and their supervisors, who are also members of the bar, allowed to operate in an “ethics free zone?”
Don’t expect any help from newly minted Trump sycophant AG Bill Barr. Despite his “Big Law Corporate Patina” and his bogus claim that he seeks to “restore confidence” in the DOJ, his first project is reputed to be a scurrilous Trump-type attack on Federal Judges issuing nationwide injunctions who are among those (the private, often pro bono, bar and NGOs being others) having the courage to stand up for the rule of law and our Constitution against the outrageous onslaughts of Trump, his cronies, and his team of disingenuous lawyers who seem to believe that they have been immunized from the normal rules of ethical and professional conduct.
No, Barr isn’t just a “conservative lawyer.” I actually worked for a number of very “conservative” lawyers both in and out of Government. While I didn’t always agree with their policies and their legal arguments (that wasn’t a job requirement), I did find them willing to listen and consider “other views” and occasionally be persuaded. Moreover, they all had a respect for both our legal system and the Constitution, as well as Federal Judges and those on “the other side” of issues that I find completely, and disturbingly lacking in the Trump Administration and its “ethnics free” legal team.
Not only are the efforts of the Trump Administration to “undo” provisions of our law that “work,” promote justice, and save lives illegal and immoral, they also are tying up rousources with frivolous and unnecessary litigation. What if all of that time and effort were put into solving problems and making our country better, rather than destroying it?
NEW VIRGINIA LAWS HELP IMMIGRANT CHILDREN SEEK PROTECTION FROM ABUSE, NEGLECT, AND ABANDONMENT
RICHMOND: On Friday, February 22, the Virginia General Assembly passed SB 1758 and HB 2679, identical bills that will aid immigrant children fleeing abuse, neglect, and abandonment in their home countries in seeking protection from deportation in Virginia.
Across the country, many immigrant children and DREAMers facing deportation proceedings seek a form of immigration relief called “Special Immigrant Juvenile Status” (SIJS). SIJS is unique in that it requires a state court to issue a certain type of order before the child may even attempt to seek SIJS relief from the federal government. In a 2017 case called Canales v. Torres-Orellana, brought by the Legal Aid Justice Center, the Virginia Court of Appeals sharply restricted state judges’ ability to issue these orders, leaving hundreds of Virginia immigrant children without protection. Virginia became one of the most difficult states in the nation to obtain SIJS.
During this year’s General Assembly session, Legal Aid Justice Center worked closely with legislators and the Governor’s office to pass these bills, which would overturn the Canales case and restore Virginia immigrant children’s ability to apply for SIJS. The bills also address the needs of other children before the juvenile courts, easing the way for any Virginia child to seek a state court’s assistance in proving eligibility for other benefits such as adoption assistance, TANF assistance, and timely public school enrollment.
SB 1758 was introduced by Sen. Scott Surovell (D-Mount Vernon). HB 2679 was introduced by Del. Marcus Simon (D-Falls Church). The bills initially took different approaches to fixing this issue, and each passed their respective chambers with an overwhelming bipartisan majority of votes. The bills were then placed into committees of conference in an attempt to gain consensus, and identical bills emerged that combined the approach of both; they garnered unanimous support in the House, and only two dissenting votes in the Senate. The bills now go to Governor Northam’s desk for his signature; once signed, they will take effect on July 1 of this year. The conference report with bill text is available at: http://leg1.state.va.us/cgi-bin/legp504.exe?191+ful+SB1758S1+pdf
“Immigrant children in Virginia can breathe a little more easily now,” said Simon Sandoval-Moshenberg, Legal Director of Legal Aid Justice Center’s Immigrant Advocacy Program. “Our agency has represented over 150 children fleeing truly horrific situations of abuse or neglect in their home countries. Fairness dictates that they be afforded the same rights as immigrant children in any other state. Now these new DREAMers will be able to seek protection and apply to remain in the United States with green cards.”
“This excellent result could not have come about without the leadership and hard work of Senator Surovell and Delegate Simon, and the support of Governor Northam’s administration,” said Amy Woolard, Legal Aid Justice Center Attorney and Policy Coordinator. “Virginia’s Juvenile and Domestic Relations courts should exist to protect the best interests of all children in the Commonwealth, and these bills will now make clear that is true for immigrant children seeking safety through SIJS, as well.”
“The United States has a long history of protecting abused, neglected, and abandoned children, and the Commonwealth will continue to play its part,” said Sen. Surovell. “These bills will clarify and restore Virginia courts’ authority to make factual findings necessary to protect children fleeing abuse, neglect, and abandonment from abroad, and I appreciate the broad bipartisan support of legislators who saw this as consistent with Virginia’s longstanding values.”
“I’m so pleased we were able to pass this important legislation to give our courts the authority they need to be able help some of the most vulnerable and powerless people in our Commonwealth,” said Del. Simon. “It is so important that we not let victims of abuse, neglect, and often abandonment fall through the cracks because of a technical deficiency in our code. Those are the common sense problems we are elected to come down here and fix.”
Legal Aid Justice Center is a statewide Virginia nonprofit organization whose mission is to strengthen the voices of low-income communities and root out the inequities that keep people in poverty. We provide legal support to immigrant communities facing legal crises and use advocacy and impact litigation to fight back against ICE enforcement and detention abuses. More information is available at http://www.justice4all.org/.
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And, here’s the latest from the fabulous Dan Kowalski, “Chief Immigration Guru” at LexisNexis Immigration Community:
Thanks to the efforts of the Rocky Mountain Immigrant Advocacy Network (“RMIAN”).
Passage of HB19-1042: Extension of State Court Jurisdiction for Vulnerable Youth
RMIAN is thrilled to announce the passage of House Bill 19-1042 through the Colorado House and Senate. The bill was sponsored by Representative Serena Gonzales Gutierrez and Senator Julie Gonzales and is now awaiting signature by Governor Polis. This bill will allow immigrant youth who have been abused, neglected, and abandoned to gain access to Colorado State courts for necessary protection and care, and to establish their eligibility for federal immigration relief. Ashley Harrington with RMIAN Children’s Program helped to craft this important legislation with Representative Gonzales Gutierrez, Senator Gonzales, Denise Maes with the ACLU of Colorado, Kacie Mulhern with the Children’s Law Center, Ashley Chase from the Office of the Child’s Representative, Katie Glynn with Grob & Eirich, and Bridget McCann, a RMIAN pro bono family law attorney. Celebrating the law’s passage today Ashley Harrington says, “I am so proud and honored to have been a part of making this law a reality that will impact the lives of many vulnerable immigrant children and ensure that they can find safety and stability in Colorado.”
Denise Maes, Ashley Harrington, Senator Gonzales, Representative Gonzales Gutierrez, Katie Glynn and Kacie Mulhern at the Capitol 3/1/19.
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Compare this with the Trump Administration’s cruel and shortsighted efforts to mindlessly restrict the scope of these important SIJ protections for some of our most vulnerable youth. Here’s my recent blog featuring WNYC’s Beth Fertig reporting on the Federal Judge’s adverse reaction to the DOJ’s disingenuous arguments “in defense of the indefensible” in his court. Talk about abuse of our court system by our Government! https://immigrationcourtside.com/2019/02/27/beth-fertig-wnyc-federal-judge-tires-of-administrations-absurdist-legal-positions-in-court/
SIJ cases also have the huge benefit of being processed outside the clogged U.S. Immigration Court asylum system, thus keeping many cases out of the largely artificially created “backlog” that is handicapping Due Process in Immigration Court.
There are many ways of using and building on current laws to make the immigration and justice systems work better. It’s a national disgrace that the Trump Administration isn’t interested in Due Process, fairness, or making our immigration system function in a more rational manner.
The good news: Eventually, the small minds, incompetence, and “radical White Nationalism” of this Administration and its enablers will be replaced by smarter, wiser, more capable folks like those in the LAJC, the RMIAN, and other members of the New Due Process Army. These are the folks who someday will lead us out of today’s darkness into a brighter and more enlightened future for all Americans!
Washington (CNN)The Department of Health and Human Services received more than 4,500 complaints of sexual abuse against unaccompanied minors from 2014-2018, according to internal agency documents released Tuesday by Florida Democratic Rep. Ted Deutch.
In addition,1,303 complaints were reported to the Justice Department during that same time frame, according to the documents.
Deutch addressed the documents during a high-profile House hearing Tuesday on the Trump administration’s “zero tolerance” policy that resulted in thousands of immigrant children being separated from their parents.
He said that the documents “demonstrate over the past three years, there have been 154 staff on unaccompanied minor, let me repeat that, staff on unaccompanied minor allegations of sexual assault.”
“This works out on average to one sexual assault by HHS staff on unaccompanied minor per week,” he added.
“I am deeply concerned with documents that have been turned over by HHS that record a high number of sexual assaults on unaccompanied children in the custody of the Office of Refugee and Resettlement,” Deutch said. “Together, these documents detail an environment of systemic sexual assaults by staff on unaccompanied children.”
HHS spokesperson Caitlin Oakley addressed the reports in a statement, saying minors’ safety is a “top concern,” and noted that there are “rigorous standards” in place for employees, which include mandatory background checks.
“These are vulnerable children in difficult circumstances, and ORR fully understands its responsibility to ensure that each child is treated with the utmost care. When any allegations of abuse, sexual abuse, or neglect are made, they are taken seriously and ORR acts swiftly to investigate and respond,” Oakley said.
At the hearing Tuesday, HHS’ US Public Health Service Commissioned Corps commander, Jonathan White, defended his agency against accusations of sexual abuse when asked by Rep. Tom McClintock, a California Republican, to respond to allegations that they were all “but serial child molesters” during a “drive-by slander a few minutes ago.”
“We share concern that I think everyone in this room feels. Anytime a child is abused in the care of ORR is one too many,” White said.
He added that “the vast majority of allegations prove to be unfounded when they are investigated by state law enforcement and federal law enforcement and the state licensure authorities to whom we refer them.”
“It is important to note that I am not aware of a single instance anywhere of an allegation against the ORR federal staff for abuse of a child,” White said.
Some of the incidents that were reported to the Justice Department included allegations against staff members who were accused of having relationships with minors, unwanted sexual touching and showing the minors pornographic videos, according to Axios. Axios also reported that of the thousands of complaints, there were 178 accusations against the adult staff.
CNN’s Geneva Sands contributed to this report.
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The Administration’s responses sound like a cover up to me. And they were “coaxed out” by GOP Reps who appear eager not to have the abuses engendered by the Administration’s toxic immigration enforcement policies fully vetted. Seems doubtful, based on my decades of Government experience, that “where there are 4,500 reports of smoke, there are no fires.”
Additionally, lawyers from the DOJ were still in court this week advancing specious and disingenuous arguments for avoiding responsibility for unconstitutional child separation that their clients had intentionally caused.
In fairness, these problems also existed under the Obama Administration. But, faced with extensive evidence of a broken system, the Trump Administration “doubled down” on problematic practices.
Eventually, there will be accountability for the detention disaster. And, when it happens both the responsible officials and the GOP legislators who are trying so hard to cover up the truth should face a reckoning.
ORGAN PIPE CACTUS NATIONAL MONUMENT, Ariz. — This cactus forest on the U.S.-Mexico border was quiet one recent day. No mass crossings of migrant families. No sprinters. Just two men caught sneaking into the Arizona desert.
Then U.S. Border Patrol Agent Daniel Hernandez spotted a youth alone under a juniper tree, dressed as if he were headed to church. When the agent approached, the boy quickly surrendered.
“Are you afraid?” Hernandez asked in Spanish. The youth nodded and said his name was Marco and that he was from Guatemala. He was 14 but looked small in an oversize jacket, pressed shirt and pants, and too-large black oxford shoes.
Hernandez lifted his sunglasses to appear less intimidating. He asked Marco who had left him, how he knew where the border was, and whether he carried food and water.
“Are you hungry?” he asked. “When was the last time you ate? Yesterday? You want a cookie?”
The deaths of two Guatemalan children in December and the massive groups of Central American families crossing the border are increasingly transforming the Border Patrol’s role from national security to humanitarian relief, even as President Trump declares the situation a national emergency.
Well over half the people taken into custody in recent months have been parents and children, with hundreds surrendering at a time, often in isolated locations. In other cases, youths such as Marco are dropped off by themselves. More than 1,800 Central American parents and children, a record high, crossed illegally last week on the day Trump went to El Paso to tout the need for a border wall.
Homeland Security Secretary Kirstjen Nielsen promised “extraordinary protective measures” following the deaths of Jakelin Caal, 7, and Felipe Gómez Alonzo, 8, who crossed into the United States with their fathers. Since then, the federal government says it has dramatically increased its medical staff at the border.
A Mexican man detained by U.S. Customs and Border Protection died this week at a medical facility, however. And advocacy groups warn that the remote areas where families are crossing, and the agency’s crowded detention facilities, still pose serious risks — especially for young children.
Medical teams from the Coast Guard, the Department of Health and Human Services, and new private contractors have been triaging and examining migrant children on the border. Border agents, hundreds of whom are also paramedics, are patrolling more far-flung areas, backed up by helicopters, buses and SUVs. The U.S. military has also helped with the evaluation and treatment of migrants.
“We’ve been adapting to these new realities,” said a senior adviser for Customs and Border Protection who was allowed to speak only on the condition of anonymity.
The deaths of Jakelin and Felipe remain under investigation, and the official said the Department of Homeland Security so far hasn’t found any sign of a widespread public health crisis on the border. The biggest challenge, Border Patrol agents say, are the large groups of migrants — 200 to 300 people at a time — crossing in distant locations, swamping the agency’s resources.
U.S. Border Patrol agents monitor the border Jan. 18 in Organ Pipe Cactus National Monument in Arizona. (Jabin Botsford/The Washington Post)
Border Patrol Agent Daniel Hernandez speaks with Marco, a 14-year-old from Guatemala, who was arrested after illegally crossing the U.S.-Mexico border. (Jabin Botsford/The Washington Post)
A U.S. Border Patrol agent drags tires to ease the search for footprints of people crossing the border in Organ Pipe Cactus National Monument. (Jabin Botsford/The Washington Post)
Fifty-eight large groups crossed from October to January, compared with 13 groups over the same period last year.
Some migrants arrive with colds, sprained ankles, broken bones, chicken pox and “gripe,” otherwise known as the flu. A toddler who fell from a moving vehicle in Mexico was brought to the U.S. border in January with a possible broken arm. A teenage girl cracked several vertebrae after slipping from an 18-foot-high border wall in December.
CBP has given Border Patrol agents “enhanced” field guidance to check every child — including those arriving in large groups — and ask if they are sick, injured, dehydrated or hungry. Agents have also stocked up on baby formula, diapers and women’s sanitary supplies in sectors such as Yuma, where 90 percent of border crossers in January were family members and unaccompanied minors.
Migrants who are ill are sent to a hospital. The rest are taken to Border Patrol stations for more-comprehensive screenings. Doctors and nurses check their vital signs, take their medical histories and administer medicine.
In one instance, on Jan. 24, the DHS flew in a physician and other staff via helicopter to a Border Patrol station in the Tucson sector to examine 130 minors. Two youths with high fevers were taken to a hospital.
Still, the huge numbers of families arriving carry significant risk, officials say, because many cross into the United States in less-populated areas, with few agents and limited or no medical facilities.
The CBP official said the agency is deploying general-practitioner physicians who can treat a wide array of people — including children and pregnant women. But the American Academy of Pediatrics said it has urged CBP Commissioner Kevin McAleenan to hire medics trained in pediatrics, or at least accept volunteer pediatricians, because children require more specialized care.
“Sick children are very different from adults,” said Colleen Kraft, the immediate past president of the academy, whose term ended Dec. 31. “If you don’t have the pediatric training . . . you’re going to miss those children who are becoming very, very ill.”
Doctors and advocates said young children should not be housed in cold and crowded processing cells, where migrants describe sleeping on mats on the floor under silver Mylar blankets.
“It’s a law enforcement mentality,” said Marsha Griffin, a pediatrician who volunteers at a shelter in McAllen, Tex., and the co-chair of the academy’s special-interest group on immigrant health. “They are treating people as prisoners, not as children and families.”
On a tour of the Border Patrol’s Tucson sector in January, agents did not allow a Washington Post reporter to visit the cells where migrants are held, citing privacy concerns. But some migrants recently released from those cells and dropped off in vanloads at a Tucson shelter praised the medical attention their children received in federal custody.
Julio, a schoolteacher from Guatemala, said his daughter Jakeline, 15, was taken to the hospital with the flu and had recovered.
“The care was excellent,” he said, speaking at Casa Alitas, a Catholic Community Services of Southern Arizona shelter on a palm-tree-lined street. Shelter officials asked that the migrants be identified only by their first names to protect their privacy.
Read the rest of Maria’s excellent article at the above link.
Imagine what could be achieved if the Administration simply followed the law by getting enough Refugee Officers, Inspectors, Asylum Officers, Immigration Judges, Court Clerks, and Private Attorneys to process the cases fairly, efficiently, and in accordance with the law, our international obligations, and Due Process. Folks would be encouraged to apply abroad or at ports of entry. The Border Patrol could actually return to real law enforcement duties.
It wouldn’t cost anything close to $8 billion. And it wouldn’t tie up the Federal Courts with avoidable litigation because of the Administration’s disrespect for the law, our Constitution, and Congressional intent.
It could happen. But, not unless we change to a Non-White-Nationalist Regime. Essentially, everyone including the Border Patrol is being adversely affected by Trump’s bad, and ultimately unsustainable, restrictionist immigration policies.
The Trump administration may have separated thousands of migrant children from their parents at the border for up to a year before family separation was a publicly known practice, according to a stunning government review of the health department’s role in family separation.
A report by the health department’s Office of Inspector General (OIG) published Thursday said officials at the health department estimated “thousands of separated children” were put in health department care before a court order in June 2018 ordered the reunification of 2,600 other children.
“The total number of children separated from a parent or guardian by immigration authorities is unknown,” the report said.
In 2017, officials at the health department’s Office of Refugee Resettlement (ORR) observed a steep increase in the number of children referred to ORR care who had been separated from their parents or guardians by the Department of Homeland Security (DHS), according to the report.
In response to the increase, officials began informally tracking separations. “Thousands of children may have been separated during an influx that began in 2017, before the accounting required by the court, and HHS has faced challenges in identifying separated children,” the report said.
US attorney general Jeff Sessions announced the “zero tolerance” policy that made family separations possible in April 2018, but advocacy groups had been warning for months that family separations were already taking place.
In June 2018, a federal judge ordered 2,600 children to be reunited with their parents, but the health department said in the five months following the order, it was still identifying children who should have been considered separated but were not being clearly tracked in government systems.
At the Berks Family Residential Center, an immigrant detention facility in Leesport, Pennsylvania, advocates and former detainees say it’s normal for children held there to have health problems.
One mother, who asked to use her middle name Arely, told the Guardian that children often had fevers or vomited when she was detained at Berks. She said she watched helplessly as her two-and-a-half-year-old daughter threw up blood for three days.
Another woman – who asked to be referred to only by her middle name Fernanda because she still fears her antagonists in her home country – remembered children with the flu and respiratory illnesses, and how the on-site medical professionals would take their temperatures but never give out medicine. When Fernanda’s own daughter had fever, she had to go to the hospital just to get Tylenol, she said.
Since attorney Jacquelyn Kline began representing immigrant families detained at Berks in the summer of 2014, she said the majority of her clients have gotten sick. Usually, the illnesses have been minor. But sometimes, when common problems have gone ignored or untreated, they have spiraled to become something more.
“In my experience, [the staff] do the bare minimum and they don’t want to do more than that unless it becomes a situation where they have to do it,” Kline said. “Because they don’t address things when there are minor issues, it allows them to become more serious issues.”
One Berks resident wrote to US Immigration and Customs Enforcement (Ice) in late 2015 that though her son’s skin disease had spread to his genitals and bled when scratched, the clinical team had not provided him with medication.In May 2016, a three-year-old boy who had been suffering from fevers and loss of appetite for months was finally diagnosed with an intestinal parasitism after his mother found a worm in his diaper.
Berks did not respond to a request for comment. Ice’s public affairs officers are out-of-office for the duration of the government shutdown, according to an automated email from the Pennsylvania officer’s account. Ice confirmed that he is currently furloughed.
Relatives cry over the coffin of seven-year old Jakelin Caal, who died in a Texas hospital on 8 December, two days after being taken into custody by US border patrol agents.Photograph: Johan Ordóñez/AFP/Getty Images
The fact that serious medical conditions occur and go untreated for days, weeks or months while immigrant children are under the government’s protection may come as a surprise to many. But advocates who have been on the ground at detention facilities under the purview of the Department of Homeland Security (DHS) are well acquainted with stories such as these that point to a wider trend.
“I am surprised that more children or parents have not died while in DHS custody, given the systemic failure on the part of the government to provide medical services,” said Kathryn Shepherd, national advocacy counsel for the Immigration Justice Campaign at the American Immigration Council.
In late 2018, the deaths of two migrant children while in US custody near the southern border made national headlines and refocused attention on immigrant children who are in the country illegally. First, seven-year-old Jakelin Amei Rosmery Caal Maquin died from cardiac arrest associated with dehydration on 8 December after being apprehended by DHS’s Customs and Border Protection (CBP).
Then, on Christmas Eve, eight-year-old Felipe Gómez Alonzo became the second child in a matter of weeks to succumb to illness after being taken into custody by CBP. It was later determined that he had the flu.
At first glance, the deaths appeared an exceptional phenomenon. Homeland security secretary Kirstjen M Nielsen has said that before last December, an immigrant child had not died in CBP custody in more than a decade.
But for those familiar with the ways in which DHS holds immigrant families beyond the border through Ice, the deaths felt part of a long medical history of neglect, misdiagnoses and close calls associated with undocumented children. This history dates to at least 2014, when the department ramped up mass incarceration of immigrant families under President Barack Obama.
“I don’t think that this is a new problem,” said Shepherd. “I think that this is something that’s been a problem for a long time.”
Before accepting her current post, Shepherd served as managing attorney for a pro-bono project representing asylum-seeking families at the South Texas Family Residential Center in Dilley, Texas. Women and children detained there have beenairlifted or rushed to a hospital in an ambulance on a number of occasions, she said. Last summer, Vice News reported that a toddler had died six weeks after leaving the Ice detention center, where she contracted what started as a common cold but evolved into a deadly virus.
Eight-year-old Felipe Gómez Alonzo died on Christmas Eve after being taken into custody by DHS’s Customs and Border Protection.Photograph: Catarina Gomez/AP
Brad Berman, a clinical professor of pediatrics at the University of California- San Francisco and fellow of the American Academy of Pediatrics, said the DHS facilities he is aware of that hold immigrant families crossing through the US’s southern border appear to be “providing inadequate or substandard medical care”.
“They are violating their own standards – federal standards, as well as state standards, as well as ethical standards,” he said.
Vincent Picard, deputy assistant director to Ice public affairs, said that Ice spends more that $250m annually on healthcare for their charges. He cited the June 2017 DHS inspector general’s report that found the agency’s family residential centers to be “clean, well-organized and efficiently run”.
“Ice takes very seriously the health, safety and welfare of those in our care,” Picard said in a statement. “Ice is committed to ensuring the welfare of all those in the agency’s custody, including providing access to necessary and appropriate medical care. Comprehensive medical care is provided to all individuals in Ice custody.”
An independent medical evaluation Berman did tells a different story. He found that “the standards of pediatric medical care and mental health evaluations and care” for one immigrant child “were breached during her stay” at Berks, the Ice family detention center in Pennsylvania, in 2016. The girl, whose mother Maria requested she be referred to by her middle name Beatriz, was bedwetting after traveling to the US from El Salvador. She was nine years old.
Soon after arriving at Berks, Beatriz had several appointments with Michael Mosko, a psychologist provided by the facility. In his notes from one of the sessions, Mosko wrote that after conferring with an interpreter , he was under the impression that the bedwetting “was related to nothing more than laziness”.
After Beatriz was released from Berks, she visited a pediatric urologist and nephrologist who diagnosed her with chronic renal failure – or loss of kidney function. Though the condition was likely associated with Beatriz’s premature birth, it was exacerbated by a misdiagnosis during her time in detention, Berman said.
Now, Beatriz takes pills every night for her illness, which Maria said can’t be cured.
“She looked good when we were in El Salvador,” Maria said. “It was when she came here that she got sick.”
For Maria and Beatriz – as for many of the families from Central America who have crossed the US-Mexico border in recent years – leaving El Salvador was an attempt at self-preservation. When licensed clinical social worker Kathryn S Miller evaluated Beatriz, her report indicates that Beatriz and Maria shared stories about how the child watched her mother get robbed at knifepoint, experienced a home invasion, and overheard accounts of family friends being murdered by gang members.
Over the course of a year, Miller evaluated a handful of children who were detained at Berks. She said there was no doubt that each of them had been exposed to repeated trauma while in their home countries and had legitimate reasons for requesting asylum.
While families seeking asylum make their case, many of them fall into DHS custody and rely on the medical professionals the department supplies.
“There’s just basic needs that children have,” said Miller. “And if they’re going to be tasked with taking care of vulnerable children, they need to have the training and support to make sure they’re taking good care of them.”
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The shutdown hasn’t stopped the Administration’s many abuses of migrants and children. Clearly, a Wall is not the answer to forcing the Administration to follow the law.
Manny Fernandez, Caitlin Dickerson, and Paulina Villegas report for the NYTimes:
. . . .
Much of the growing chaos, say many of those who work along the border and in some of the government’s own security agencies, is a result of a failed gamble on the part of the Trump administration that a succession of ever-hharsher border policies would deter the flood of migrants coming from Central America.
It has not, and the failure to spend money on expanding border processing facilities, better transportation and broader networks of cooperation with private charities, they say, has led to the current problems with overcrowding, health threats and uncontrolled releases of migrants in cities along the border.
“It’s the complete, 100 percent focus on harsher options that will deter the influx, with a disregard for managing what’s happening,” said a Department of Homeland Security official who spoke on the condition of anonymity for fear of being fired. “We have a lot more families, a lot more unaccompanied children, and the focus has just been on how can we deter, rather than how can we handle.”
Mr. Trump has made it a priority to end what he calls the practice of “catch and release,” but the policy of holding large numbers of migrants in detention has led to capacity problems. The Obama administration had a policy of releasing migrants who were considered safe and likely to appear in court in order to make room for others who were a higher priority for detention, but the Trump administration has largely eliminated that practice.
The number of detainees at Immigration and Customs Enforcement facilities has reached its highest point ever, according to figures provided by the agency, with an average daily population of 45,200 single adults and family units.
The result is the recent need to release large numbers of migrants, many simply dropped off at bus stations. About 600 migrants were dropped off with no advance planning in El Paso during the last full week in December. Similar releases have happened in recent days and weeks in Arizona and California.
The homeland security official said the administration could have done more to improve the situation and avoid the recent mass drop-offs, such as working more closely with nonprofit groups. “They could have put more resources down there, either monetary or physical,” the official said. “There are things you could do to manage it so that it’s not just, ‘We’re overwhelmed. We’re releasing them.’”
. . . .
Some of those involved in the policymaking said that there was open acknowledgment within the government that the newest policies under development — a plan that would require asylum seekers to wait in Mexico through the duration of their immigration cases, and one to build tent cities along the border to house more families — were either likely to face an immediate court injunction or were so costly that they could not be justified to taxpayers. But the officials said they were under orders from the White House to push forward.
“It’s like, ‘O.K., why are we working on this if it’s just another lawsuit in the making?’” said a second Homeland Security official, who also spoke on the condition of anonymity. “Everybody knows that it’s going to be challenged in the courts and likely struck down. I don’t think the people at the top feel like they have a choice. They just do what they are asked to do.”
The situation has become more tense in recent weeks as ICE authorities, who in the past were careful to coordinate with volunteer shelters when releasing migrants, have instead begun dropping them in large numbers in the streets in Texas, Arizona and California, forcing city officials and charity groups to scramble.
“We’re dealing with the symptoms of the root cause, which is the lack of a rational immigration policy from Washington, and both sides are culpable,” said Dee Margo, the mayor of El Paso.
City officials have been told that the government may soon increase the number of migrants released in El Paso to 500 daily. “That may be a killer, that may be a real challenge for us to be able to deal with,” Mr. Margo said.
The government itself is dealing with some of the most acute problems — housing large numbers of families in border processing centers built to handle single men.
. . . .
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Read the complete article, with accompanying stats and charts, at the link. Part of the real shame here is that the Government could actually make great strides in dealing with this situation properly and legally. And it wouldn’t cost anything near the $5 billion the President insists on wasting on his “Wall.”
What’s really needed for improved border security is:
More Asylum Officers;
More Immigration Judges and Court personnel;
More ICE Assistant Chief Counsel;
More port of entry inspectors;
Better technology at and between ports or entry and at international airports;
Better DHS intelligence capabilities;
More anti-smuggling and undercover officers;
Better funding for the UNHCR to improve asylum reception and processing in Mexico and other countries surrounding the Northern Triangle;
Funding to assist pro bono groups and NGOs in representing, advising, and when appropriate arranging either temporary or permanent resettlement;
More honest recognition of the many real refugees and granting them asylum or other protections in a timely and consistent manner so that they can get work authorization and begin contributing to our society;
Much better management and leadership at DHS.
I’ll bet that all that could be done for less than $5 billion. And, rather than more controversy, waste, and abuse, we’d see real improvement in both border security and the lives of human beings we are legally obligated to assist and protect.