June 19, 2018

USA: The Truth About US Immigration Dept Separating Undocumented Children At The US Border. UPDATE: President Trump Signed An Executive Order To Keep Families Together


The White House published on June 20, 2018: President Trump Signs an Executive Order Affording Congress an Opportunity to Address Family Separation
The National Review
written by Rich Lowry
Monday May 28, 2018

Some economic migrants are using children as chits, but the problem is fixable — if Congress acts.

he latest furor over Trump immigration policy involves the separation of children from parents at the border.

As usual, the outrage obscures more than it illuminates, so it’s worth walking through what’s happening here.

For the longest time, illegal immigration was driven by single males from Mexico. Over the last decade, the flow has shifted to women, children, and family units from Central America. This poses challenges we haven’t confronted before and has made what once were relatively minor wrinkles in the law loom very large.

The Trump administration isn’t changing the rules that pertain to separating an adult from the child. Those remain the same. Separation happens only if officials find that the adult is falsely claiming to be the child’s parent, or is a threat to the child, or is put into criminal proceedings.

It’s the last that is operative here. The past practice had been to give a free pass to an adult who is part of a family unit. The new Trump policy is to prosecute all adults. The idea is to send a signal that we are serious about our laws and to create a deterrent against re-entry. (Illegal entry is a misdemeanor, illegal re-entry a felony.)

When a migrant is prosecuted for illegal entry, he or she is taken into custody by the U.S. Marshals. In no circumstance anywhere in the U.S. do the marshals care for the children of people they take into custody. The child is taken into the custody of HHS, who cares for them at temporary shelters.

The criminal proceedings are exceptionally short, assuming there is no aggravating factor such as a prior illegal entity or another crime. The migrants generally plead guilty, and they are then sentenced to time served, typically all in the same day, although practices vary along the border. After this, they are returned to the custody of ICE.

If the adult then wants to go home, in keeping with the expedited order of removal that is issued as a matter of course, it’s relatively simple. The adult should be reunited quickly with his or her child, and the family returned home as a unit. In this scenario, there’s only a very brief separation.

Where it becomes much more of an issue is if the adult files an asylum claim. In that scenario, the adults are almost certainly going to be detained longer than the government is allowed to hold their children.

That’s because of something called the Flores Consent Decree from 1997. It says that unaccompanied children can be held only 20 days. A ruling by the Ninth Circuit extended this 20-day limit to children who come as part of family units. So even if we want to hold a family unit together, we are forbidden from doing so.

The clock ticking on the time the government can hold a child will almost always run out before an asylum claim is settled. The migrant is allowed ten days to seek an attorney, and there may be continuances or other complications.

This creates the choice of either releasing the adults and children together into the country pending the ajudication of the asylum claim, or holding the adults and releasing the children. If the adult is held, HHS places the child with a responsible party in the U.S., ideally a relative (migrants are likely to have family and friends here).

Even if Flores didn’t exist, the government would be very constrained in how many family units it can accommodate. ICE has only about 3,000 family spaces in shelters. It is also limited in its overall space at the border, which is overwhelmed by the ongoing influx. This means that — whatever the Trump administration would prefer to do — many adults are still swiftly released.

Why try to hold adults at all? First of all, if an asylum-seeker is detained, it means that the claim goes through the process much more quickly, a couple of months or less rather than years. Second, if an adult is released while the claim is pending, the chances of ever finding that person again once he or she is in the country are dicey, to say the least. It is tantamount to allowing the migrant to live here, no matter what the merits of the case.

A few points about all this:

1) Family units can go home quickly. The option that both honors our laws and keeps family units together is a swift return home after prosecution. But immigrant advocates hate it because they want the migrants to stay in the United States. How you view this question will depend a lot on how you view the motivation of the migrants (and how seriously you take our laws and our border).

2) There’s a better way to claim asylum. Every indication is that the migrant flow to the United States is discretionary. It nearly dried up at the beginning of the Trump administration when migrants believed that they had no chance of getting into the United States. Now, it is going in earnest again because the message got out that, despite the rhetoric, the policy at the border hasn’t changed. This strongly suggests that the flow overwhelmingly consists of economic migrants who would prefer to live in the United States, rather than victims of persecution in their home country who have no option but to get out.

Even if a migrant does have a credible fear of persecution, there is a legitimate way to pursue that claim, and it does not involve entering the United States illegally. First, such people should make their asylum claim in the first country where they feel safe, i.e., Mexico or some other country they are traversing to get here. Second, if for some reason they are threatened everywhere but the United States, they should show up at a port of entry and make their claim there rather than crossing the border illegally.

3) There is a significant moral cost to not enforcing the border. There is obviously a moral cost to separating a parent from a child and almost everyone would prefer not to do it. But, under current policy and with the current resources, the only practical alternative is letting family units who show up at the border live in the country for the duration. Not only does this make a mockery of our laws, it creates an incentive for people to keep bringing children with them.

Needless to say, children should not be making this journey that is fraught with peril. But there is now a premium on bringing children because of how we have handled these cases. They are considered chits.

In April, the New York Times reported:
Some migrants have admitted they brought their children not only to remove them from danger in such places as Central America and Africa, but because they believed it would cause the authorities to release them from custody sooner.

Others have admitted to posing falsely with children who are not their own, and Border Patrol officials say that such instances of fraud are increasing.
According to azcentral.com, it is “common to have parents entrust their children to a smuggler as a favor or for profit.”

If someone is determined to come here illegally, the decent and safest thing would be to leave the child at home with a relative and send money back home. Because we favor family units over single adults, we are creating an incentive to do the opposite and use children to cut deals with smugglers.

4) Congress can fix this. Congress can change the rules so the Flores consent decree will no longer apply, and it can appropriate more money for family shelters at the border. This is an obvious thing to do that would eliminate the tension between enforcing our laws and keeping family units together. The Trump administration is throwing as many resources as it can at the border to expedite the process, and it desperately wants the Flores consent decree reversed. Despite some mixed messages, if the administration had its druthers, family units would be kept together and their cases settled quickly.

The missing piece here is Congress, but little outrage will be directed at it, and probably nothing will be done. And so our perverse system will remain in place and the crisis at the border will rumble on.

White House published on June 18, 2018: US Press Secretary Sarah Sanders holds a White House press briefing with US DHS Sec Nielsen.
US Dept of Homeland Security
Release Date: June 18, 2018

In recent days, we have seen reporters, Members of Congress, and other groups mislead the public on the Department of Homeland Security’s (DHS) zero-tolerance policy.

Federal law enforcement officers have sworn duties to enforce the laws that Congress passes. Repeating intentionally untrue and unsubstantiated statements about DHS agents, officers, and procedures is irresponsible and deeply disrespectful to the men and women who risk their lives every day to secure our border and enforce our laws.

Myth
DHS has a policy to separate families at the border.

Fact
DHS does not have a blanket policy of separating families at the border. However, DHS does have a responsibility to protect all minors in our custody. This means DHS will separate adults and minors under certain circumstances. These circumstances include: 1) when DHS is unable to determine the familial relationship, 2) when DHS determines that a child may be at risk with the parent or legal guardian, or 3) when the parent or legal guardian is referred for criminal prosecution.
  • Familial Relationship – If there is reason to question the claimed familial relationship between an adult and child, it is not appropriate to detain adults and children together.
  • Human Trafficking and Smuggling – If there is reason to suspect the purported parent or legal guardian of human trafficking or smuggling, DHS detains the adult in an appropriate, secure detection facility, separate from the minor. DHS continues to see instances and intelligence reports indicating minors are trafficked by unrelated adults, posing as a “family” in an effort to avoid detention.
  • Safety Risk – If there is reason to suspect the purported parent or legal guardian poses a safety risk to the child (e.g. suspected child abuse), it is not appropriate to maintain the adult and child together.
  • Criminal Prosecution – If an adult is referred for criminal prosecution, the adult will be transferred to U.S. Marshals Service custody and any children will be classified as an unaccompanied alien child and transferred to the Department of Health and Human Services custody.
In recent months, DHS has seen a staggering increase in the number of illegal aliens using children to pose as family units to gain entry into the United States. From October 2017 to February 2018, there was a 315 percent increase in the number of cases of adults with minors fraudulently posing as “family units” to gain entry.

Myth
Prior to April 2017, DHS never separated families arriving at the border.

Fact
DHS has separated families under the circumstances described above. Because of court decisions, DHS can generally no longer hold families in detention beyond 20 days.

Myth
DHS can indefinitely detain families who cross the border illegally.

Fact
DHS generally releases families within 20 days. This creates a “get out of jail free” card for illegal alien families and encourages groups of illegal aliens to pose as families hoping to take advantage of that loophole.

In 2014, DHS increased detention facilities for arriving alien families and held families pending the outcome of immigration proceedings. However, a federal judge ruled in 2016 that under the Flores Settlement Agreement, minors detained as part of a family unit cannot be detained in unlicensed facilities for longer than a presumptively reasonable period of 20 days, at which point, such minors must be released or transferred to a licensed facility. Because most jurisdictions do not offer licensure for family residential centers, DHS rarely holds family units for longer than 20 days. The judge’s ruling made it much more difficult for the Federal government to use the detention authorities Congress gave it.

Myth
DHS is referring for prosecution all families coming to the border.

Fact
DHS only refers to the Department of Justice those adults who violate the law by crossing the border illegally (or who have violated some other criminal law) and are amenable for prosecution. When adults, with or without children, unlawfully enter this country, there must be a consequence for breaking our laws.

DHS is not referring for prosecutions families or individuals arriving at ports of entry or attempting to enter the country through legal means. These families and individuals have not broken the law and will be processed accordingly.

Myth
DHS is turning away asylum seekers at ports of entry.

Fact
DHS complies with Federal law with regard to processing individuals claiming asylum at ports of entry.

CBP processes all aliens arriving at all ports of entry without documents as expeditiously as possible without negatively affecting the agency's primary mission to protect the American public from dangerous people and materials while enhancing the nation’s economic competitiveness through facilitating legitimate trade and travel.

As the number of arriving aliens determined to be inadmissible at ports of entry continues to rise, CBP must prioritize its limited resources to ensure its primary mission is being executed. Depending on port circumstances at the time of arrival, CBP officials will allocate the necessary resources to its primary mission and operate appropriate access controls and queue management procedures for those arriving aliens without proper travel documents.

Myth
DHS separates families who entered at the ports of entry and who are seeking asylum – even though they have not broken the law.

Fact
If an adult enters at a port of entry and claims asylum, they will not face prosecution for illegal entry. DHS does have a responsibility to protect minors we apprehend and will separate in three circumstances:1) when DHS is unable to determine the familial relationship, 2) when DHS determines that a child may be at risk with the parent or legal guardian, or 3) when the parent or legal guardian is referred for criminal prosecution.

Myth
Once separated, arriving alien adults cannot contact minors and are not told where the minors are being held by the Department of Health and Human Services (HHS).

Fact
DHS is committed to and has procedures in place to connect family members after separation so adults know the location of minors and have regular communication with them.

HHS and DHS work to facilitate communication between detained adults and minors (in HHS custody) in a number of ways to include telephone and/or video conferencing. Additionally, ICE has posted information in all over 72-hour facilities advising detained adults who are trying to locate, and/or communicate with a child in the custody of HHS to call the Detention Reporting and Information Line (DRIL) for assistance. This posted information includes:

HHS Adult Hotline (24 hours a day, 7 days a week, in both English and Spanish):
  • If calling from outside an ICE detention facility, call 1-800-203-7001.
  • If calling from an ICE detention facility, dial 699# on the free call platform.
  • Please note that you will need to provide the child’s full name, date of birth, and country of origin. It is also helpful to provide the child’s alien registration number, if you know it.
HHS Email: information@ORRNCC.com

Individuals may also obtain information about a particular immigration case (including their child’s), or information about reunifying with minors, through the following methods:

ICE Call Center (Monday-Friday, 8 am-8 pm EST):
  • If calling from outside an ICE detention facility, call 1-888-351-4024.
  • If calling from an ICE detention facility, dial 9116# on the free call platform.
ICE Email: Parental.Interests@ice.dhs.gov

Additionally, CBP has developed and distributed bilingual documents outlining the separation and reunification process.

Myth
Language barriers prevent aliens apprehended at the border, and subject to prosecution, from receiving adequate information.

Fact
All US Border Patrol trainees are required to take Spanish language training while at the Border Patrol Academy, and achieve proficiency in Spanish. All Border Patrol personnel on the Southwest Border are bilingual.

CBP apprehends illegal aliens from numerous countries that speak many languages other than Spanish. Should an agent ever have a language or communication issue, they are required to find another Agent who speaks the language or to utilize contract interpreters.

All Border Patrol personnel at the border are directed to clearly explain the relevant process to apprehended individuals. CBP provides detainees with written documentation (in Spanish and English) that lays out the process – to include the appropriate phone numbers to contact.

Myth
CBP and ICE officers are not properly trained to separate minors from their custodians.

Fact
The safety of CBP employees, detainees, and the public is paramount during all aspects of CBP operations. CBP treats all individuals in its custody with dignity and respect, and complies will all laws and policy, including CBP’s National Standards on Transport, Escort, Detention, and Search (TEDS). TEDS reinforces/reiterates the need to consider the best interest of children and mandates adherence to established protocols to protect at-risk populations, to include standards for the transport and treatment of minors in CBP custody.

All ICE facility staff who interact with adults receive trauma-informed care training. ICE is augmenting mental health care staffing, to include trained clinical staff, to provide mental health services to detained adults.

Myth
DHS detention facilities are in poor condition and do not provide clean drinking water.

Fact
DHS facilities are safe and sanitary, and adults and minors are provided access to food and drinking water, medical care as needed, and adequate temperature control and ventilation.

Myth
DHS and HHS houses migrants in “inhumane fenced cages” or in an “ice box.”

Fact
DHS and HHS utilize short-term facilities in order to process and temporarily hold migrants that have been apprehended. These short-term facilities do not employ the use of ‘cages’ to house minors. Certain facilities make use of barriers in order to separate minors of different genders and age groups – for the safety of those who are being held. Additionally, CBP facilities have adequate temperature control and ventilation. ICE facilities are designed for longer-term detention of adults and, in some cases, families.

DHS takes seriously our responsibility for the safety and security of all migrants in the custody of the United States government.

Myth
DHS has never separated families for prosecutions before – this is a new policy in this Administration.

Fact
Illegal border crossers, including family units, were referred for prosecutions, as appropriates, under the previous Administration. The average referral rate for amenable adults from FY10 – FY16 was 21 percent.

Myth
By choice, DHS refuses to keep families together through the immigration adjudication and removal process.

Fact
Court decisions interpreting the Flores Settlement Agreement (FSA), which has been in existence for over 20 years but was significantly broadened in 2016, limits the government’s ability to detain family units. Pursuant to these court decisions, minors detained as part of a family unit cannot be detained in unlicensed facilities for longer than a presumptively reasonable period of 20 days, at which point, minors must be released or transferred to a licensed facility. Because most jurisdictions do not offer licensure for family residential centers, DHS can rarely detain a family for longer than 20 days.

The Trafficking Victims Protection Reauthorization Act of 2008 (TVPRA) requires unaccompanied alien children (other than those from contiguous countries – Mexico and Canada – who are eligible to withdraw their application for admission) be transferred from DHS to the Department of Health and Human Services within 72 hours, absent exceptional circumstances.
The uncivilized Marxist savages of the Democratic Left acting out again. These are not protesters. Stop calling them protesters. These are disruptors, rioters, oppressors. They should have all been arrested and charged for disturbing the peace. Air your grievances at town hall meetings, or write letters to your representatives to have laws changed. (emphasis mine)

The Washington Examiner
written by Christian Datoc
Tuesday June 19, 2018

Activists with the D.C. chapter of the Democratic Socialists of America crashed Homeland Security Secretary Kirstjen Nielsen's dinner Tuesday evening and appeared to chase her from the building.

According to a Facebook Live video posted to DSA's Facebook page, protesters surrounded Nielsen's corner table at MXDC Cocina Mexicana, located just a few blocks from the White House.

The activists chanted about Nielsen and the Trump administration's zero tolerance policy for illegal immigrants, called the DHS secretary a "fascist pig," and said they couldn't believe she had the "fucking gall" to eat at a Mexican restaurant while the administration is separating illegal immigrant families who seek to enter the country outside of certified ports of entry.

They also called for the complete abolition of the Immigration and Customs Enforcement agency at DHS.

It is not immediately clear if protesters drove Nielsen from the restaurant before her meal was completed, but a video of her leaving was posted to Twitter shortly afterward.



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