IN THE IOWA DISTRICT COURT FOR COUNTY JUVENILE DIVISION

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Jane Francis
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1 IN THE IOWA DISTRICT COURT FOR COUNTY JUVENILE DIVISION IN THE INTEREST OF ) No. ), ) COUNTRY CONDITIONS REPORT IN DOB: ) SUPPORT OF MINOR S MOTION FOR ) AN ORDER REGARDING MINOR S ) ELIGIBILITY FOR SPECIAL A Child. ) IMMIGRANT JUVENILE STATUS ), by and through counsel, submits to the court, the Mexico Country Conditions Report, in support of her petition for an Order Regarding Minor s Eligibility for Special Immigrant Juvenile Status: COUNTRY CONDITIONS REPORT MEXICO This document highlights country conditions in the country of Mexico, focusing on (I) crime in the country of Mexico; (II) education in Mexico; and, (III) the lack of child and adolescent mental health services in Mexico. I. CRIME IN MEXICO Crime is among the most pressing concerns facing Mexico, as Mexican drug trafficking rings play a major role in the flow of cocaine, heroin, and marijuana transiting between Latin America and the United States. Crime continues at high levels, and is repeatedly marked by violence, especially in the cities of Tijuana and Ciudad Juárez. Furthermore, children are easy prey for organized crime and drug cartels, because of the lack of general opportunities for economic growth and development as documented by the reports below. According to the U.S. Department of State, crime in Mexico continues to occur at a high rate and is often violent. The common crimes include street crime, ranging from pick-pocketing 1

2 to armed robbery, carjacking and homicide. In particular, the homicide rates in parts of Mexico have risen sharply in recent years, driven largely by violence associated with transnational criminal organizations. Further, state and local police forces continue to suffer from lack of training and funding, and are a weak deterrent to criminals, who are often armed with superior weapons. In some areas, municipal police are widely suspected of colluding with organized crime. In others, police officers are specifically targeted by criminal organizations. See U.S. DEPARTMENT OF STATE, available at (last visited November 26, 2013). Further, The Human Rights Watch World Report for 2012 confirms the dangerous and lawless situation in Mexico. The Report notes that Mexico has experienced a dramatic surge in homicides in recent years, driven in large part by the violent struggle between and within powerful criminal organizations to control the drug trade and other lucrative illicit businesses such as human trafficking. Efforts by the administration to combat organized crime have in fact resulted in a significant increase in killings, torture, and other abuses by security forces, which only make the climate of lawlessness and fear worse in many parts of the country. Hundreds of thousands of migrants pass through Mexico each year and many are subjected to grave abuses en route, including physical and sexual assault, extortion, and theft. Approximately 18,000 migrants are kidnapped annually, often with the aim of extorting payments from their relatives in the United States. See World Report 2012, HUMAN RIGHTS WATCH, available at (last visited November 26, 2013). The United Nations reports a similar concern regarding the intensification of activities of transnational criminal organizations, irregular armed groups and human smugglers and traffickers in Mexico. See 2013 UNHCR Regional Operations Profile - Latin America, UNHCR, 2

3 available at (last visited November 26, 2013). The following sections highlight the (1) impact of crime on children in Mexico; and, (2) the rate of crime in the city of Juarez in particular. 1. Impact of the Criminal Activities on Children In Mexico The situation is particularly dangerous for minors and adolescents who are recruited by criminal gangs. The International Centre on Human Rights and Drug Policy reports that Mexico s drug war has taken its toll on children, with more than 30,000 children being involved in organized crime as of January See Children in Mexico: Criminals or Victims?, INTERNATIONAL CENTRE ON HUMAN RIGHTS AND DRUG POLICY, available at (January 2012). These children are paid by drug gangs to do minor roles such as drug running or acting as lookouts, but some have been trained to kill. Involving children in these criminal activities leads to long term psychological damage to them, in addition to the resultant breakdown in family, community, and social structures. There have been several incidents reported in the press highlighting the increasing and dangerous recruitment of children by drug gangs in Mexico. a. The Use of Children As Carriers ( Mules ): Recruitment of children by drug trafficking organizations and gangs in Mexico is well-documented, with children between the ages of 11 to 17 commonly used to carry out drug trafficking and surveillance operations. The U.S. Immigration and Customs Enforcement reports that between 2008 and 2011, the number of youths aged 14 to 18 caught trying to cross the border between Tijuana and San Diego to sell drugs has grown tenfold. Lauren Mack, spokeswoman for ICE in San Diego, said 19 minors were arrested in 2008, 165 in 2009, 190 in 2010 as well as in 2011.See Mexico Drug Gangs 3

4 Using More Children As Mules, (March 14, 2012). This increase in the number of Mexican children and adolescents being employed as "mules" to ferry drugs across the border into the U.S. or sell them in nearby Mexican towns is attributed to their willingness to work for low pay, few legitimate employment opportunities, and a ready market for the product. Id. The number of youths 18 and younger detained for drugrelated crimes in Mexico has climbed from 482 in 2006, when President Felipe Calderon launched his offensive against drug traffickers, to 810 by The latest available numbers indicate 562 youths under age 18 were arrested in the first eight months of Id. In what may be the most shocking case involving a youth in Mexico's drug war, a 14- year-old boy born in San Diego and known only as "El Ponchis" was arrested in December 2010 in central Mexico and told reporters he had been kidnapped at age 11 and forced to work for a cartel. He said he participated in at least four beheadings. See Children in Mexico: Criminals or Victims?, CNN Mexico, available at A similar instance involved a 15-year-old boy who was captured in Jiutepec, just outside of Mexico City, in January The child confessed at a news conference that he was a lookout for a drug cartel, and said he was collaborating with the cartel because of death threats. Id. The Child Rights Network in Mexico notes that many of these children participate or are forced to participate because of death threats or because of economic and social necessity. The drug cartels use these children to commit an offense, to violate the law and to deceive authorities. Id. 4

5 b. Sexual Predators, Cyber Crime and Child Pornography in Mexico: Mexican officials have confirmed that Mexico is the world's number one distributor and the second largest producer of child pornography with 85,000 child victims of pornography, and over 1,300 Mexican websites dedicated to child pornography. See Mexico Is World Leader in Child Pornography: Officials, INSIGHT CRIME, (September 20, 2013). II. EDUCATION IN MEXICO One of the most urgent problems in Mexico is the inconsistency of the country's education system. In the absence of a solid education, millions of Mexicans struggle to emerge from poverty and lead productive, fulfilling lives. There are several reports regarding the failure of the education system in Mexico and its adverse impact on childrens development. Child Fund International notes that approximately 40% of Mexico s population lives below the poverty line, and therefore cannot afford to send their children to school. CHILDFUND INTERNATIONAL, According to the Organization for Economic Cooperation and Development (OECD), almost 19 percent of Mexican youths between the ages of 15 and 19 were neither enrolled in an educational program nor working in Id. Further, the OECD suggests that, in terms of educational attainment, Mexico ranks poorly compared to other nations of similar economic activity, and is in dire need of reform. The OECD also reports that 0.7% of Mexican students reach the advanced level in the math section of the OECD's Program for International Student Assessment exam as compared to 10% in the U.S. Education System Holding Mexico Back, Critics Say, (March 2012). 5

6 Some schools hold classes outdoors for lack of rooms, while some others have no drinkable water, and sometimes no teachers. Id. In addition to historically high drop-out rates, among the Latin American countries Mexico has been hit the hardest by the recession, leading to an increase in poverty, a decline in jobs and a consequent increase in drop-out rates from primary and middle schools. Mexican kids drop out in droves on weak economy, REUTERS, About 40 percent of Mexican 15- to 19-year-olds are completely disconnected from civil society and the legitimate economy; they have dropped out of school and are unemployed. The Mexican Education War, (November 2011). III. MENTAL HEALTH SERVICES FOR CHILDREN AND ADOLESCENTS IN MEXICO Child and adolescent mental health services in Mexico are delivered through an underfunded, understaffed, and uncoordinated network of institutional providers isolated from the larger health care system. Improving access and quality of mental health services for children and adolescents has yet to become a priority for federal or state policy makers. Mental Health Care Reforms in Latin America: Child and Adolescent Mental Health Services in Mexico, PSYCHIATRY ONLINE, (May 2010). Access to the mental health system for approximately 40% of the population with no insurance, is particularly poor. Id. A large number of mental health treatments for children and adolescents that are typically delivered in the United States and other developed countries are not available in Mexico. Id. For example, the Mexican Adolescent Mental Health Survey (MAMHS) found that 6

7 in 2005 less than 14% of children and adolescents with a current psychiatric disorder received treatment for the disorder. Id. This poor state of mental health treatments for children and adolescents is driven directly by deficient infrastructure, lacking in both material and human resources. Id. For example, there are only 200 psychiatrists in Mexico who are licensed to provide treatment to children, or.5 child psychiatrists per 100,000 children, which compares very poorly with Canada's ratio of six per 100,000. Id. No formal training programs focused on detection and treatment of mental disorders are available for primary care providers and other health professionals, greatly hampering the development of a professional workforce with the necessary competencies to treat children and adolescents. Id. The World Health Organization (WHO) conducted a study of 3005 adolescents aged years residing in the Mexico City metropolitan area during 2005, and found that the need for mental health services among adolescents with psychiatric disorders was largely unmet. Bulletin of the World Health Organization, Treatment of mental disorders for adolescents in Mexico City, , (2008). The study notes that only half of the respondents surveyed received treatment that could be considered minimally adequate. Id. While child and adolescent mental disorders are extremely prevalent in Mexico, the treatment available for the mental health issues is inadequate for the foregoing reasons. Respectfully submitted this day of, 20. 7

MEXICO (Tier 2) Recommendations for Mexico:

MEXICO (Tier 2) Recommendations for Mexico: MEXICO (Tier 2) Mexico is a large source, transit, and destination country for men, women, and children subjected to sex trafficking and forced labor. Groups considered most vulnerable to human trafficking