Central American Children in Removal Proceeedings: A General Overview. ABA Commission on Immigration Oct. 1, 2014

Transcription

1 Central American Children in Removal Proceeedings: A General Overview 1 ABA Commission on Immigration Oct. 1, 2014

2 2 Who Are These Children and Where are They From? DHS reports that 66,127 unaccompanied children have been processed by CBP between 10/1/13 and 8/31/14, an 88% increase over the previous FY (35,209). These children come from El Salvador (24%), Guatemala (25%), Honduras (28%) and Mexico (23%) In 2011, CBP apprehended a total of 15,701 children, the vast majority from Mexico.

3 Central America 3

4 4 Who is an Unaccompanied Child? An unaccompanied alien child (UAC) is: Someone with no lawful immigration status in the U.S.; Has not attained 18 years of age; and Who has no parent or legal guardian in the U.S. or no parent or legal guardian in the U.S. available to provide care and physical custody. - 6 U.S.C. 279(g).

5 5 What are the Causes of the Influx? Push Factors: Violence gangs, cartels, domestic Poverty Insecurity, Impunity, Corruption Pull Factors: Employment To Reunify with Family Education

6 6 Statistics from Casa Alianza Honduras Information relayed by Jose Guadalupe Ruelas on 9/16/14, Director of Casa Alianza Honduras: There are 3,700,000 children in Honduras 1,000,000 are not in school (U.N. report) 8,000 children sleep on the street each night in San Pedro Sula and Tegucigalpa 25,000 have tried to leave Honduras this year 62% live in poverty, on less than $1/day 2009: avg. 43 children killed each month 2014: avg. 88 children killed each month

7 Republic of Honduras 7 Honduras fits more than six times in Texas GDP per capita: $2,291 (2013) Mx = $10,307, US = $53,143 Pop. living at poverty line: 60% (2011) World s highest rate of intentional homicide with 92 homicides per 100,000 people in (Mx 24, US 5) Control of Corruption: 21% (Mx 44%, US 86%) Rule of law: 23% (Mx 34%, US 91%)

8 Population 8.14 million 1998 Hurricane Mitch 2009 Coup d'état: polarization of politics, impediment to development Displaced narco-violence, pervasive violence Honduras

9 Republic of El Salvador 9 El Salvador fits more than 33 times in Texas GDP per capita: $3,826 (2013) Mx = $10,307; US = $53,143 Pop. living at poverty line: 34.5% (2012) Second highest rate of intentional homicide in the world: 70 per 100,000 in (Mx 24, US 5) Control of corruption: 51% (Mx 44%, US 86%) Rule of law: 23% (Mx 34%, US 91%)

10 6.34 million Civil War th largest Latin American group in the US after Mexico, Pto. Rico and Cuba Currency since 2001 is the US dollar. El Salvador

11 Republic of Guatemala 11 Guatemala fits more than 6 times in Texas GDP per capita: $3,478 (2013) Mx = $10,307; US = $53,143 Pop. Living at poverty line: 53.7% (2011) Rate of intentional homicide with 38 homicides per 100,000 people in (Mx is 24, US 5) Control of Corruption: 35% (Mx 44%, US 86%) Rule of law: 16% (Mx 34%, US 91%)

12 Population million: more than 40-60% indigenous Civil War Displaced narco-violence issues Earthquakes, landslides, volcanoes Guatemala

13 13 Guatemalan Indigenous Cultures Not all Guatemala is indigenous Not all indigenous are Guatemalan

14 Indigenous Guatemalans Guatemala: 22 Mayan languages, plus Garifuna and Xinka language. 1.3 million Guatemalans self identify as Quiché. Kids may be illiterate in both languages Kids may have learned Spanish during trip or in shelter May feel shame to speak their language and to disclose their identity Not forthcoming with emotions Distrust of outsiders, takes longer to establish trust 14

15 15 What Happens When a Child is Apprehended at the Border? Apprehended by Customs and Border Protection (CBP). Transported to CBP processing center, 48 hours to determine if UAC. Different procedures for children from contiguous countries and non-contiguous countries. Eligible UACs should be transferred to DHHS/ORR within 72 hours. Transported by Immigration and Customs Enforcement (ICE) to DHHS/ORR shelter. Released to family or friend through reunification process (90%) within 7 to 30 days.

16 16 Services in Shelter During time at shelter child goes to classes, speaks to counselor, may contact family, recreation, religious services, medical services Shelter caseworkers work with family to complete reunification process Legal Services: participates in Know Your Rights presentation by legal service provider and individual screening Children who raise flags for legal relief may be referred to pro bono projects after release

17 17 UAC Process Child will be scheduled for removal hearing in immigration court within 21 days (enter in May 2014 or later) Child may seek adjournment to find an attorney No government-appointed counsel provided ACLU, Public Counsel, NWIRP has filed litigation asserting right to counsel

18 18 Acknowledgements: Thanks to Violeta Discua-Salamanca, Supervising Paralegal at ProBAR in Harlingen, Texas, for material on conditions in Central America in this presentation.