Unaccompanied Migrant Children and Victims of Human Trafficking on the US/Mexico Border

Transcription

1 The Lost Dream: Unaccompanied Migrant Children and Victims of Hman Trafficking on the US/Mexico Border October, 2006 Painting by a child migrant depicting his jorney from Central America to the United States A Report From United States Conference of Catholic Bishops Migration & Refgee Services (USCCB/MRS) Catholic Legal Immigration Network, Inc. (CLINIC) Catholic Relief Services (CRS)

2 In this context it is necessary to mention trafficking in hman beings especially women which florishes where opportnities to improve their standard of living or even to srvive are limited. It becomes easy for the trafficker to offer his own services to the victims, who often do not even vagely sspect what awaits them. In some cases there are women and girls who are destined to be exploited almost like slaves in their work, and not infreqently in the sex indstry, too. Pope Benedict XVI, 2006 World Day of Migrants and Refgees Message All photos cortesy of the Catholic Legal Immigration Network, Inc. All rights reserved.

3 Introdction San Xavier Mission near Tcson, AZ. In October 2006, the United States Conference of Catholic Bishops (USCCB) Committee on Migration directed a fact-finding delegation in the Sothwest border region of the United States and Northern Mexico to examine the sitation and treatment of naccompanied alien children and victims of hman trafficking. Participating in the delegation were Most Reverend Gerald R. Barnes, Bishop of San Bernardino, California and Chairman of the USCCB Committee on Migration; Most Reverend Jaime Soto, Axiliary Bishop of Orange, California; Most Reverend Armando Ochoa, Bishop of El Paso, Texas; and Most Reverend John B. McCormack, Bishop of Manchester, New Hampshire. The bishops were accompanied by staff from the Office of Migration & Refgee Services of the U.S. Conference of Catholic Bishops (USCCB/MRS), Catholic Legal Immigration Network, Inc. (CLINIC), and Catholic Relief Services (CRS). The delegation had the opportnity to speak directly with migrants in Mexico and the U.S. and to learn first hand of their concerns. The delegation members also met with a broad cross-section of agencies and individals involved with or knowledgeable abot these poplations. Among those visited were Chrch officials, federal immigration and law enforcement agencies, commnity-based organizations, legal service providers, and other individals and grops with important perspectives on comprehensive immigration isses. The Lost Dream: Unaccompanied Migrant Children and Victims of Hman Trafficking on the US/Mexico Border

4 Yong migrants at a boarding hose in Altar, MX. The delegation learned of their motives and experiences as they travel to and from the US. While the delegation encontered many individals whose lives had been shattered, families who had been separated, and children who had ndergone terrible hardships, they were moved by the deep faith of many of these migrants and their contined strggle to achieve a better life for themselves and their families. There was misery and frstration, bt there was also hope. The treatment of foreignborn individals in the United States has long been a concern of the Catholic commnity and the USCCB. Scriptre reminds s that we shold treat the stranger among s hmanely. Every day, thosands of migrants from diverse social, economic and religios backgronds live and work in the United States, provide necessary labor and services that allow or society to prosper, and enrich or commnities. Many of these individals migrate to this contry, abandoning their native homes in search of better opportnities for themselves and their families. Unfortnately, the migration experience to the United States can be dangeros and even life-threatening. Or crrent US immigration policies too often mistreat the most vlnerable migrants, disregard domestic labor needs and fail to address legitimate national secrity isses. Regrettably, not all immigrants in the United States have willingly migrated to this contry or volntarily perform labor and services here. A considerable nmber of men, women and children are criminally trafficked into the United States to perform forced labor, inclding sexal exploitation. Many trafficking victims are held captive and exposed to horrific sitations involving extensive physical and emotional abse. The clandestine natre of hman trafficking makes it difficlt to measre the extent of this problem in the United States. However, reliable estimates sggest that thosands of foreign-born victims, inclding minor children, are trafficked into the contry each year. Another migrant poplation that is particlarly vlnerable to mistreatment and exploitation is naccompanied alien children (UAC). These children find themselves physically present in the United States or endeavoring to enter the contry withot the spervision and protection of a parent or gardian. The majority of these children endre The Lost Dream: Unaccompanied Migrant Children and Victims of Hman Trafficking on the US/Mexico Border

5 tramatic migratory experiences that can inclde physical assalt, sexal and emotional abse, and even death. They need protection, as well as compassionate and hmane treatment by governmental and non-governmental agencies. The sitation and needs of srvivors of hman trafficking and UAC s are reglarly disregarded in the crrent U.S. immigration system. Vlnerable men, women and children are at the center of the U.S. immigration debate. It is important that migrants be treated eqitably and with respect. The USCCB delegation hopes that the observations and recommendations in this report will lead to a better response towards and treatment of foreign born migrants in the United States, assistance to migrants on their jorney to reach the US, and programs to address the core reasons for migration. The bishops and their staff extend their gratitde and spport to those individals and organizations providing very important care and assistance to all migrants, especially those whose vlnerabilities expose them to great harm. CBP CCAMYN CLINIC CRS DHS DHHS DOJ EOIR ICE ICMC INA INS LPR MRS/ USCCB NGO ORR/ DHHS SIJ TPS ACRONYMS United States Cstoms & Border Protection Centro Comnitario de Atención al Migrante y Necesitado Catholic Legal Immigration Network, Inc. Catholic Relief Services United States Department of Homeland Secrity United States Department of Health & Hman Services United States Department of Jstice Exective Office for Immigration Review United States Immigration & Cstoms Enforcement International Catholic Migration Commission Immigration & Nationality Act United States Immigration & Natralization Service Lawfl Permanent Resident Alien Migration & Refgee Services, United States Conference of Catholic Bishops Non-Governmental Organization Office of Refgee Resettlement, United States Department of Health & Hman Services Special Immigrant Jvenile Stats Temporary Protected Stats TVPA Trafficking Victims Protection Act of 2000 UAC USCIS Unaccompanied Alien Children United States Citizenship & Immigration Services The Lost Dream: Unaccompanied Migrant Children and Victims of Hman Trafficking on the US/Mexico Border

6 Delegation Observations & Recommendations The delegation gathers near Tcson, AZ at the San Xavier Mission. Pictred are bishops and MRS and diocesan staff from Phoenix and Tcson who work on isses of child trafficking and provide services to naccompanied migrant children. Migration The Jorney Begins Observation 1: Why We Migrate Leaving Family & Home The bishops began their trip in the City of Altar in Northern Mexico, visiting the Centro Comnitario de Atención al Migrante y Necesitado (CCAMYN) where they shared a meal with adlt migrants who were starting their jorney to the United States or retrning after failing to enter. The CCAMYN is a Catholic-rn migrant center that provides temporary hosing, food, medical services and edcational materials and training on the hazards of ndocmented migration throgh the border region between the Sothern United States and Northern Mexico. This not-for-profit organization began its operations in 2001 to care for the large nmber of migrants in the region who face severe economic, social and environmental hardships. Several volnteer workers described how at first their work involved providing meals and clothing to hndreds of migrants in the streets. The city s parks and pblic spaces were overcrowded with migrants, many sleeping on benches and nearly everyone ncertain abot what the next day wold bring. The migrants have mostly been temporary visitors, sing the City of Altar as a staging grond for their final jorney into the United States. Migrants spend their time in Altar resting, contracting with smgglers or seeking gidance on how to make their entry. The Lost Dream: Unaccompanied Migrant Children and Victims of Hman Trafficking on the US/Mexico Border

7 The migrants themselves described the difficlties and the hazards involved in their jorney, many speaking of criminal assalts and terrible environmental conditions, while others described mltiple failed attempts at entering the United States and the deaths of relatives or fellow travelers. One migrant described how his family s failed migration from Sothern Mexico has nearly destroyed his marriage and remains a major rift between him and his spose. These migrants also spoke of their family s needs and their own yearning to provide for them. One migrant explained that he endres these nbearable conditions so that his children can live and stdy in their native home and not be forced to migrate to the United States. These men agreed that no one shold be forced to migrate from their homes to feed their families and that the jorney, althogh difficlt, is at present the only way their families will be fed. The delegation then visited migrants staying in boarding hoses, where the majority of migrants stay in cramped and nhealthy conditions either en rote to the US or after deportation. Several men, women and children discssed personal and social difficlties faced in their contries of origin that led to their migration. Many described the difficlty of seeking employment or an edcation in their respective contries. Francisco Garcia, CCAMYN Director, described the migration phenomena in the city of Altar, Mexico and the srronding border region as being both inflenced by and inflencing economic activity. According to his estimates, the mass migrations that are experienced today can be attribted to the North American Free-Trade Agreement (NAFTA) of Althogh the agreement promised free Every migrant that receives or care has a family, children and a home. They have chosen to leave that home ot of necessity. Their options are limited and they go to the United States to work and to provide for hngry moths at home. Francisco Garcia, CCAMYN Director trade and easier flows of capital and labor among its signatory nations, the reslts for the Mexican people have been a loss of work and resorces. In addition, the increased foreign exploitation of Mexican resorces cased a massive social nrest in Sothern Mexico. As a reslt, workers in Sothern Mexico and Central America compete for few employment opportnities and strggle to protect their families from social and economic instability. Additionally, as the United States concentrated enforcement activities along traditional crossing rotes, the migration pattern shifted to remote cities like Altar, Mexico and more dangeros rotes. Dring the smmer months, desert temperatres can rise well above 100 in this region, greatly increasing the likelihood of exposre deaths for migrants crossing throgh this desert region. The economic impact on cities like Altar, once primarily an agricltral commnity, has been significant. Altar now caters primarily to migrant services. Unfortnately, this increased economic activity has led to an increased presence of smgglers that is adversely affecting the commnity and its residents. Many commnity leaders fear that as more school-aged children seek employment in the migration economy rather than prse an edcation, the long-term impact will be the loss of a generation of workers and leaders. The Lost Dream: Unaccompanied Migrant Children and Victims of Hman Trafficking on the US/Mexico Border

8 Bishops concelebrate Mass and bless the migrants on their jorney in Altar, MX. The migrant children in Altar described horrific experiences, inclding sexal and physical assalts, being abandoned by family members and traveling companions and nable to find food and shelter throghot their travels. Girls as yong as 12 years of age described being drgged, groped and raped by law enforcement officials and other migrants. Some children were forced to resort to prostittion becase it was the only way to finance their hosing, food, and jorney. A 72 year-old migrant described mltiple entries into the United States dating back to the 1960 s to perform seasonal labor in Texas, Georgia, Florida and other areas in the Sothern United States. He was confident this wold be his final jorney. He had sccessflly moved his family to the United States and fond it extremely difficlt to maintain circlar movement between the two contries. His physical appearance displayed intense exhastion, similarly shared by the other migrant workers; however, he was optimistic abot his opportnities in the United States. His only regret was having failed to apply for legalization in the United States when this was available to him. He described being confsed and fearfl of asking the US government for lawfl stats. Other migrants described the economic difficlties experienced in their contry of origin which gave rise to their migration. One migrant explained how the devalation of coffee in Hondras cased by the government s dereglation of prices, led to his nemployment and inability to find employment. The only way he cold provide for his wife and five children was for him to leave Hondras and seek employment in the United States. This is a common occrrence in Central and Soth American societies where the depletion of natral The Lost Dream: Unaccompanied Migrant Children and Victims of Hman Trafficking on the US/Mexico Border

9 resorces cases high nemployment and leads to mass migration in search of work, often to destinations in the United States. Recommendations: We encorage the government of the United States to develop and promote a binational commission, comprised of governmental agencies and non-governmental organizations with experience and knowledge in migration and economic isses, to srvey and analyze economic and political factors triggering migration to the United States, with emphasis on isses relating to women, naccompanied children, ethnic minorities and other vlnerable poplations. We recommend that the government of the United States develop strategies to assist contries experiencing economic difficlties or social nrest, leading to mass migration of men, women and children to the United States. The US government shold tackle migration factors in these commnities and work with interested governments to provide for their citizens. Cross-border partnerships between governmental, commnity and faith-based organizations shold be developed to provide migrants in border commnities with edcation and services to better nderstand the migration process. These programs shold provide edcational materials on the dangers of migration, and medical and spport services to injred migrants. The US government, in partnership with the Mexican government, shold stdy the impact of migration on border commnities and small bsinesses and coordinate statistical information relating to migration in these areas. Local bsinesses adversely impacted by increased migration shold be eligible for financial assistance and development spport. Observation 2: We Are Children, Treat Us As Children Unaccompanied alien children are typically obliged to leave their homes in search of work, secrity or renification with family members already in the United States. Many naccompanied alien children are victims of poverty, domestic violence, absive child labor practices, hman trafficking, rape, forced prostittion, or armed conflict in their home contries. They travel long distances to reach the United States in the hope that they can find personal safety and a better life for themselves. In other instances, children are naccompanied becase they have been separated from their families, leaving them to complete a very difficlt jorney alone. Regardless of their reasons for migrating, naccompanied alien children are highly vlnerable and need specialized spport and gidance. The delegation visited shelter care and foster home facilities that are sed to hose naccompanied alien children in Hoston and El Paso, Texas. These facilities closely The Lost Dream: Unaccompanied Migrant Children and Victims of Hman Trafficking on the US/Mexico Border

10 Mral at Casa San Jan painted by one of the migrant residents that portrays his jorney across the desert. This shelter in Hoston for migrants was one of the stops of the delegation, where a Mass was celebrated and a meal was shared with the migrants. resemble domestic shelter and foster care programs. However, detained migrant children in federal shelter care detention are treated mch differently than domestic child care programs. Althogh the shelter staff provides conseling, edcation, hosing and other services to children, the children are awaiting removal from the United States and are restricted in their movement. The delegation also observed the types of detention practices sed and how detained children condct themselves in these different settings. Many facilities for naccompanied alien children resemble the lock-down detention settings favored by the former Immigration and Natralization Service (INS), where children are detained in large-scale facilities, some of which care for over 100 children on a daily basis. This instittionalization of children is incompatible with US child welfare practices and creates problems for The Lost Dream: Manel s Story Manel is a 14-year-old boy from Hondras in federal cstody. He left home months ago carrying all the hopes of his family. They had little food and his parents cold not find enogh work to spport the family. Manel is the oldest of five children. The family gathered what resorces they cold and sent Manel to the United States to do what he cold to earn money and help them all srvive. After a frightening jorney throgh Mexico, harassed by gangs, riding the trains (he was witness to another migrant losing his foot after falling from a train), and crossing the desert with other boys, he reached the border where he was caght by La Migra. He was placed by the government in a shelter with other naccompanied children. While talking with the bishops, Manel brst into tears. He said he wanted to help his family becase they are so poor, bt he realizes he cannot. He will soon be retrned home where his family will still be destitte. He did not scceed in the qest he was sent on and has no hope now to help his family. The Lost Dream: Unaccompanied Migrant Children and Victims of Hman Trafficking on the US/Mexico Border

11 shelter staff, particlarly in developing working relationships with vlnerable and often tramatized children. Of note, however, was the difference observed between children s experience in small-grop home settings and foster care programs and their experience in larger, instittional facilities. For example, the bishops observed that children appeared more relaxed and child-staff relationships were more individalized within the former types of programs. The staff of federal immigrant detention programs discssed increased difficlties in caring for naccompanied alien children, providing for their welfare and reniting them with family members in the United States. Several reasons were mentioned, inclding the immigration stats of family members, langage and cltral barriers, nfamiliarity with US immigration policies, growing adolescent medical and mental health isses, and general distrst of law enforcement personnel. Undocmented parents, who are in the United States, are fearfl of coming forward to claim their detained children, becase they fear their own removal from the United States. This leaves children alone to face the United States immigration system. Finally, the ardos jorney and circmstances of their lives has led to more and more of these children being diagnosed with serios medical and mental health problems. These children reqire specialized treatment and care. The delegation spoke with federal representatives and detention staff who expressed concern abot the natre of the detention and placement of naccompanied alien children. It has become increasingly difficlt to find appropriate placement for these children. While general child welfare practices promote the se of least restrictive facilities, foster and small grop care, and parental-like care, the bishops are concerned that sch principles are not adhered to in federal detention practices and that even children 12 years of age and yonger are sometimes held in large instittional facilities. These children have no criminal backgrond and are confined solely becase of their immigration stats. It is important that children be renited with available family members or placed in the least restrictive setting, sch as family foster care, that is appropriate for their age and circmstances. The Catholic Charities office in Hoston, Texas has developed a mental health program that works with children to transition into life in the United States or where removal may occr, provides conseling while the child is detained. The Bishop Ochoa and Bonna Kol meet with naccompanied migrant children at Catholic Charities in Hoston. The Lost Dream: Unaccompanied Migrant Children and Victims of Hman Trafficking on the US/Mexico Border

12 children are encoraged to illstrate their migration experiences and throgh this artistic interpretation deal with the trama or depression cased by their sitation. Throgh the spport and gidance of clinical psychologists, the children served have been able to illstrate throgh pictres the difficlt and often violent circmstances that have led them to be in the United States. These children have traveled hndreds of miles on foot, risked their health in boxcars and been physically and/or sexally assalted. As the bishops and their staff listened to these heart-wrenching stories, they nderstood the difficlties experienced by these children and their families. One yong girl spoke throgh tears, begging the bishops for their spport and prayers not only for herself, bt for any child that makes the difficlt jorney alone. Many of the children who met with the bishops discssed the difficlty and horrors experienced in their respective jorneys. Many had witnessed death and experienced violence. Althogh the normal age range of naccompanied alien children is years old, children as yong as 18 months are detained in federal immigration facilities in the United States. These children and their families often view their failre to enter the United States and find employment as a personal failre and disappointment. Recommendations: Federal detention programs shold coordinate an agreement with federal law enforcement agencies that allows for the safe release of naccompanied alien children to family members, withot exposing an individal to apprehension or removal while reniting with a child. Parents and gardians in particlar, regardless of immigration stats, shold have assistance in the renification process withot fear of removal and frther family separation. ORR and other federal agencies responsible for the detention of immigrants shold prioritize ftre program development and fnding for placements in foster care and small grop home facilities or detention alternatives and redce the se of large-scale facilities. Observation 3: How Can Yo Listen to Or Stories If We Do Not Speak the Same Langage? Other complications relating to renification involve commnication barriers between care providers for children in cstody and children and family members, casing some families to navigate family renification processes withot someone to speak with in their own langage. When a care provider is nable to commnicate with children or their family members in their primary langage, the system of care may not be able to ensre safe and appropriate family renification or flly assess a child s needs. Unfortnately, this practice also potentially exposes children to individals who are not acting in the child s best interests, and in fact may be involved in criminal activities. 10 The Lost Dream: Unaccompanied Migrant Children and Victims of Hman Trafficking on the US/Mexico Border

13 Bishop Barnes speaks with migrants at Casa Jan Diego shelter for migrants in Hoston. Unaccompanied alien children migrating to the United States arrive from a nmber of nations inclding El Salvador, Hondras, Mexico, Nicaraga, Gatemala, China, or India. Children of other nationalities migrate to the United States as well. Not every alien child who enters the United States is Spanish-speaking or able to commnicate in the English langage to an extent that allows them to speak with law enforcement, legal service providers or social welfare agencies. An increasing nmber of children arrive from indigenos commnities or ethnically diverse poplations, speaking langages and dialects that are nfamiliar to Spanish-speaking workers. For example, althogh Gatemala is generally recognized as a Spanish-speaking contry, Spanish is not spoken niversally among its poplation and many citizens have little nderstanding of the Spanish langage. Twenty one distinct langages are spoken throghot Gatemala, often exclsively by specific indigenos grops. How can children from these indigenos commnities commnicate their concerns and reqest assistance from law enforcement officials or social welfare providers? Immigration officials, child care professionals and immigration advocates throghot the delegation s trip reported difficlties in nderstanding and commnicating with naccompanied alien children and family members who are nable to speak English and whose primary langage is indigenos to the region. Some individals appeared naware that some migrants from Mexico and Central America did not speak Spanish. According to legal service providers and field coordinators, there are an increasing nmber of indigenos children arriving in the United States, many from rral areas in Sothern Mexico and Central America. This poplation has created great difficlties in placement decisions and legal representation. Social and legal service providers may find it difficlt to develop professional working relationships with naccompanied alien children who are The Lost Dream: Unaccompanied Migrant Children and Victims of Hman Trafficking on the US/Mexico Border 11

14 nable to speak a common langage and as a reslt find it difficlt to prse the child s best interests. Recommendations: We encorage all government agencies that interact with ndocmented poplations to implement lingistic and cltral identification programs and trainings. Each agency shold have langage interpreter resorces that are available for all foreign langages encontered. Immigration enforcement agencies and government-contracted child care providers shold be reqired to have access to mlti-lingal interpreter services for interviewing non-citizens. We encorage increased resorces for the national field coordinator program, shelter care facilities, social welfare programs, interpreter services and legal consel, providing services to naccompanied alien children. In sitations involving commnication problems with indigenos poplations, individals and organizations shold prse independent interpreter services in a timely manner. This is particlarly tre for Gatemalans who crrently show a lower release rate than other national grops which prevents the release of children. Detention policies shold prioritize the safe release of vlnerable children and indigenos poplations to family members in the US while immigration removal proceedings or an immigration application is pending. Observation 4: We Recognize the Dangers, Bt For Us There Really Is No Other Option. A majority of naccompanied alien children in cstody are apprehended while attempting to enter the United States withot inspection. Many children discssed mltiple entry attempts to the United States and the feeling of disappointment and failre at having been nsccessfl. These children assert that their jorney will contine ntil they have sccessflly entered the contry. Unfortnately, mltiple entry attempts greatly increase a child s exposre to criminal, social and environmental dangers. Unaccompanied alien children who are apprehended by law enforcement at the border or at a port of entry to the United States are generally placed in immigration removal proceedings and then transferred to the cstody of the federal Office of Refgee Resettlement, US Department of Health and Hman Services (ORR/DHHS) while the proceedings are pending. However, children from a contigos contry of the United States Mexico, for example are processed differently and expeditiosly retrned to their contry of origin withot a hearing before an immigration jdge. Throghot the delegation trip, immigration officials referenced standard policy that Mexican children 12 The Lost Dream: Unaccompanied Migrant Children and Victims of Hman Trafficking on the US/Mexico Border

15 apprehended at a port of entry or along the US border are retrned to Mexico withot review by an immigration jdge. This practice is based on an international agreement between the United States and Mexico for the safe retrn of Mexican nationals. The bishops saw the harmfl reality of these agreements for many children who might otherwise qalify for immigration benefits in the United States if they were entitled to a hearing before an immigration jdge. Also, the risk that child trafficking victims are retrned to Mexico withot frther investigation and services becomes greater when the standard practice is expedited removal. Unaccompanied alien children experience all the dangers faced by ndocmented adlts. However, their age and inexperience make them highly vlnerable to injry and abse. Many children who spoke with the bishops described their families extreme poverty, their difficlties in prsing an edcation, and the violence cased by social nrest in their commnities. They explained how sch experiences oblige them to seek employment in the United States in order to provide for themselves and their families. Other children have not seen their parents in years, many since they were infants, becase their parents have been in the United States for many years. These children, regardless of their prpose, are driven to enter the United States to escape a sad reality that shold never be experienced by any child. Recommendations: The U.S. government shold review repatriation agreements with contigos contries that do not reflect its commitments and responsibilities to certain vlnerable poplations. Federal agencies and non-governmental organizations shold examine the repatriation process and the effectiveness of organizations involved. A mltinational naccompanied child spport network shold be developed that provides hosing, conseling and legal services to children migrating to the United States. A pblic awareness campaign shold be developed that highlights the social and environmental risks relating to migratory movements, especially to vlnerable poplations. Observation 5: We Are Victims, Yet We Are Not Protected From Those Who Harm Us. The Trafficking Victims Protection Act (TVPA) was enacted to combat the trafficking of hman beings throgh the effective prosection and pnishment of trafficking violators and the protection of trafficking victims. These efforts are ndermined when federal, state and local law enforcement personnel are ninformed or naware of the rights and protections that are available nder US law. The Lost Dream: Unaccompanied Migrant Children and Victims of Hman Trafficking on the US/Mexico Border 13

16 The delegation met with mltiple federal agencies responsible for the enforcement of immigration and trafficking laws in the United States. These officers described their role in law enforcement and what their mandated There is a special evil in the abse and exploitation of the most innocent and vlnerable. We mst show new energy in fighting back against an old evil. Nearly two centries after the abolition of the transatlantic slave trade, and more than a centry after slavery was officially ended in its last strongholds, the trade in hman beings for any prpose mst not be allowed to thrive in or time. President George W. Bsh, Sept responsibilities were along the US borders and interior of the contry according to federal immigration laws. However, the federal agents appeared naware of their responsibilities in dealing with trafficking victims, especially children. Often the isse of hman trafficking was confsed with apprehension of hman smggling offenders. The clear priority among these agencies is law enforcement and the removal of ndocmented immigrants. However, there was no acknowledgement among many of the federal agencies of a role in the identification of victims of hman trafficking. Each agency deferred to others to carry ot this fnction. There is a significant difference between acts relating to hman smggling and hman trafficking. Althogh the two are often related, hman trafficking and its victims mst be treated differently. In general, the difference between these two acts is the motivating factor of the smggler/trafficker and the volntary participation of the victim. The bishops met with the US Attorney s Office in Hoston, Texas and were given a general otline of collaborative efforts in the City of Hoston for the protection of trafficking victims. Throgh the leadership of the US Attorney s Office Jstice Served: United States v. Salazar / United States v. Molina The US Attorney in Hoston, Texas has sccessflly prosected mltiple cases involving hndreds of women from Mexico, El Salvador and Hondras - inclding several minors - who were illegally trafficked into the United States to serve as prostittes throgh the se of force, frad and coercion for the financial benefit of Texas-based hman trafficking operations. These yong women entered the United States nder false pretenses, having been promised better lives, work in the United States, and romantic companionship in this contry. The women arrived in Texas, were forced to cohabitate with each other in small apartments leased by their traffickers and reqired to work as prostittes in area bars. The women were victimized and threatened with physical assalt and bodily injry, casing them to be too afraid to escape or report these crimes. Ultimately, those charged with conspiring to sex traffic these yong women and girls were sentenced on these offenses. 14 The Lost Dream: Unaccompanied Migrant Children and Victims of Hman Trafficking on the US/Mexico Border

17 Migrants chat with delegation members otside a boarding hose in Altar, MX. They expressed concern abot the lack of welcome and ill treatment many migrants experience in the U.S. and the active participation of commnity-based organizations, an anti-trafficking task force has evolved that is a model for other commnities. The US Attorney has sccessflly managed the development of a completely commnity-based coalition whose prpose is to identify trafficking sitations, prosecte offenders and protect victims. The US Attorney recognizes the limitations of sch coalitions and his ability to prosecte traffickers. In Hoston, the anti-trafficking task force has helped resce and provide assistance to nearly 100 victims of hman trafficking, and has convicted mltiple defendants on trafficking charges involving forced prostittion and forced labor. The TVPA promotes hman rights and the protection of persons, inclding children, against any threat of violence and exploitation. It seeks to eliminate hman trafficking and prosecte to the fllest extent its perpetrators throgh the establishment of instittional mechanisms for the protection and spport of trafficked persons and provides penalties for violations of the law. Additionally, it offers victims of hman trafficking assistance and services to handle the tramatic impact of these crimes. The bishops discssed trafficking-related investigations and prosections with law enforcement personnel, prosectors and legal aid organizations in Hoston, Texas. The anti-trafficking partnership in Hoston was highly effective in prosecting trafficking offenses and shtting down several operations. However, in relation to services and assistance for the child trafficking victims involved in these cases, the work in Hoston was ineffective. Several law enforcement officials did not know how to refer the children to ORR/DHHS for appropriate care or trafficking benefits. As a reslt, several child victims were withot services and some were removed from the United States. In many The Lost Dream: Unaccompanied Migrant Children and Victims of Hman Trafficking on the US/Mexico Border 15

18 cases, child trafficking victims are not referred for benefits and services, and are placed in removal proceedings. Law enforcement officials throghot the delegation demonstrated a misnderstanding on how child victims are identified and referred for benefits and services. As a reslt, many children are not receiving the necessary treatment and spport that is needed to handle the trama of hman trafficking. The greatest difficlties arise in the identification of trafficking schemes, recriting witness testimony and defining the trafficking sitation nder federal and state laws. Better efforts mst be made to inform the pblic abot hman trafficking and methods to identify victims. Federal law enforcement agencies mst accept responsibility for the protection of all trafficking victims, regardless of their nationality. Recommendations: The US government shold work in partnership with foreign states to promote and develop programs with regional, state and local governmental and non-governmental organizations that help trafficking victims reintegrate in society and provide victims with appropriate assistance and services. We encorage the implementation of international agreements with the prpose of monitoring and combating hman trafficking internationally, especially trafficking operations that impact vlnerable poplations and children. Anti-trafficking agreements shold encorage the participation of trafficking nations. Frther international anti-trafficking partnerships will increase the nderstanding of hman trafficking and improve the capacity to serve victims and prosecte traffickers. Federal and state law enforcement agencies, inclding border patrol and cstoms enforcement, shold develop training programs in consltation with nongovernmental agencies and trafficking service providers that address hman trafficking topics and interviewing techniqes for victims of trama and crime. A better nderstanding of the hman trafficking laws and the role of law enforcement in anti-trafficking programs, will improve first response resorces. The US Department of Labor shold enhance its efforts to combat labor trafficking and develop programs specific to forced labor and child labor isses. We encorage increased administrative and legislative advocacy to facilitate the access to benefits for child trafficking victims, improve the eligibility standards for trafficking victims generally, and develop independent anti-trafficking law enforcement divisions. 16 The Lost Dream: Unaccompanied Migrant Children and Victims of Hman Trafficking on the US/Mexico Border

19 Observation 6: We Are Children and Need to Be With Or Families. Bishops meet with the US Attorney for the Sothern District of Texas, Donald J. DeGabrielle, Jr. to discss child trafficking isses. The bishops spoke with individals and grops who provide conseling, legal representation and other services to naccompanied alien children. Their common concern was the difficlty in reniting a child with his family in the United States. Unaccompanied alien children generally know where their families are in the US and that they are nwilling or nable to come forward to claim them. Many children who are nable to be renited with family members demonstrate depression, anxiety and other mental health problems. In extreme cases, children have been abandoned or orphaned in their contry of origin and realize that deportation will lead them into the difficlt choice of living as a gang member or street child. These children demonstrate the same behavioral characteristics as any child who is separated from their family. The delegation became aware of the frstrations faced by the children and the shelter staff who are nable to complete renification. The US immigration laws permit very little legal relief for naccompanied alien children seeking family renification. The law does not extend any protection to a child or parent seeking to be renited in the United States and, nfortnately, the US immigration officials have sed detained children as bait for the enforcement of immigration laws against parents and gardians. The U.S. Immigration and Nationality Act (INA) is the primary federal law on immigration policies and practices in the United States, reglating the admissibility of non-citizens into the contry. This law exposes minors to improper treatment in many The Lost Dream: Unaccompanied Migrant Children and Victims of Hman Trafficking on the US/Mexico Border 17

20 The bishops visit a holding cell in the Border Patrol Station in Nogales, AZ. circmstances. For example, child asylm applicants are treated in the same way as adlt applicants and naccompanied alien children in federal cstody are reqired to process their asylm application before an immigration jdge in I hope that a balanced management of migratory flows and of hman mobility in general will soon be achieved so as to benefit the entire hman family, starting with practical measres that encorage legal emigration and the renion of families, and paying special attention to women and minors. removal proceedings. This process, known as defensive asylm, places the child in an adversarial setting in which he or she is interrogated by federal trial attorneys on the merits of an asylm claim. In addition, many children with asylm claims based on persection, tortre and mistreatment are detained in federal cstody pending a final decision on their application. The delegation spoke with several legal aid providers who highlighted problems with US immigration policies and expressed disapproval of federal policies and practices dealing with children. It has become difficlt to represent children and recrit pro-bono consel for children becase the laws are too restrictive in administering a child s case. The law provides limited relief for children in federal cstody and makes the process so difficlt that many children ltimately choose removal from the United States. The law shold accommodate the special circmstances of naccompanied alien children and provide a safe and relaxed vene for children to present an asylm claim or reqest an immigration benefit. Pope Benedict XVI, 2007 World Day of Migrants and Refgees Message 18 The Lost Dream: Unaccompanied Migrant Children and Victims of Hman Trafficking on the US/Mexico Border

21 Recommendations: US federal immigration agencies shold implement policies and practices that accommodate the special circmstances and vlnerability of naccompanied alien children. Sch policies shold provide special treatment to child asylm seekers and appropriate care pending the adjdication of a child s asylm claim. Child asylm applicants in removal proceedings shold be allowed to prse an asylm claim before the US Citizenship & Immigration Services (USCIS) affirmative process. The Immigration and Nationality Act and correlated reglations shold be amended to address the immediate and long-term needs of migrant children. Children in detention and in the immigration process shold be treated in a different manner than adlts and the laws shold recognize their vlnerabilities. Immigration law shold incorporate best interest standards for children and provide appropriate immigration relief options to protect vlnerable children. US federal law-enforcement agencies shold minimize or prohibit the detention of naccompanied alien children who demonstrate a fear of retrn, mental, emotional, or physical trama, or victimization. We encorage administrative and legislative advocacy for the application of best interest principles in the care, benefits, and release of naccompanied alien children in federal detention. Legislation shold promote fair and hmane familybased immigration policies, providing non-citizens with a strctred path to lawfl stats in the United States. Observation 7: We Need Laws That Protect and Offer Hope to Migrants The desire of immigrants to be renited with family members in the United States is a strong factor inflencing their migration. Althogh many migrant families never live permanently in the United States, restrictive immigration policies have cased many immigrants who wold otherwise go back and forth between contries, to stay in this contry and bring their family members to join them. The existing US immigration system limits the annal nmber of visas available to non-citizens and restricts their admissibility to sch an extent that some family members are reqired to wait over 20 years before they can be renited with loved ones in this contry. This immigration strctre does not work and is in need of reform. The bishops spoke with social welfare agencies and legal service providers who expressed concern abot how immigration and social welfare laws limit the availability of services to non-citizens and their family members. Undocmented migrants are already among the most vlnerable in any commnity and these laws increase their vlnerabilities. One migrant asked the bishops why Americans willingly employee migrant workers, bt refse The Lost Dream: Unaccompanied Migrant Children and Victims of Hman Trafficking on the US/Mexico Border 19

22 The bishops and Anastasia Brown participate in a rond table discssion on child trafficking with members of the Hoston Area Trafficking Coalition and ICMC staff who work with naccompanied migrant children. to provide them with lawfl stats or labor protections. These migrants nderstand that American workers and the foreign workers are treated differently, bt they are left with few, if any options, to reglarize their stats. Recommendations: National, state and local advocacy grops shold contine to promote eqitable immigration laws and policies that honor the principle of family nity. The laws shold better reflect the percentage of intending immigrants. Legislative and administrative policies shold spport a temporary worker strategy that protects American workers and facilitates the need of American bsinesses to prse labor in foreign markets. Bishops present award to Catholic Charities in Hoston for their otstanding service to naccompanied migrant children. A press conference was held in conjnction with this presentation. 20 The Lost Dream: Unaccompanied Migrant Children and Victims of Hman Trafficking on the US/Mexico Border

23 Conclsion The delegation is impressed with the commitment of the Catholic and faith-based commnity in caring for ndocmented migrants, yong and old, in the United States. The United States is a nation of immigrants thogh many Americans discont or rich immigrant tradition by seeking immigration laws that restrict and remove non-citizens from this contry. There are an estimated 12 million ndocmented persons living in the United States. These men, women and children do not have the rights and liberties that are expected in American society. The delegation appreciates the vital role of federal prosectors and law enforcement agents in the administration and enforcement of the immigration laws of this contry. The individals and grops who met with the bishops generally demonstrated a concern for the safety and well-being of migrant children. Limited resorces and insfficient training create barriers for these individals and agencies; however, these can be overcome. We contine to spport the work that provides refge and care to these migrants and we pledge to prse legislation that will better attend to the needs of these vlnerable poplations. Or contined prayers are for the migrants and their families in the difficlt process of migration. The Lost Dream: Unaccompanied Migrant Children and Victims of Hman Trafficking on the US/Mexico Border 21

24 Individals And Organizations Visited Bonna Kol and Joe Rbio present a token of appreciation to the bishops. Government Officials: John Fitzpatrick, Patrol Agent-in-Charge US Cstoms and Border Protection Nogales, AZ Donald J. DeGabrielle Jr., United States Attorney Sothern District Hoston, TX Edward F. Gallagher, III, Assistant US Attorney and Depty Chief Criminal Division Hoston, TX Scott Hatfield, Assistant Special Agent-In-Charge US Immigration & Cstoms Enforcement Hoston, TX. Honorable Robert Hogh, Immigration Jdge Exective Office for Immigration Review El Paso, TX Lis Garcia, Director, Field Operations US Cstoms and Border Patrol El Paso, TX Rben R. Perez, Assistant US Attorney & Chief Civil Rights Division Hoston, TX 22 The Lost Dream: Unaccompanied Migrant Children and Victims of Hman Trafficking on the US/Mexico Border

25 Non-Governmental Organizations (Legal Services): Wafa Abdin, Spervising Attorney Catholic Charities, St. Francis Cabrini Center for Immigration Legal Assistance Archdiocese of Galveston-Hoston Sister Liliane Alam, FMM, Exective Director Las Americas Immigrant Advocacy Center El Paso, TX Iliana Holgin, Exective Director Diocesan Migrant & Refgee Services (DMRS) Diocese of El Paso M. Aryah Somers, Esq., Children s Staff Attorney Florence Immigrant and Refgee Rights Project Phoenix, AZ Non-Governmental Organizations (Social Services): Pablo Bobbio, Ph.D, Conseling Services Volnteer Catholic Charities, St. Michael s Home for Children Archdiocese of Galveston-Hoston Erica Dahl-Bredine, Mexico Contry Manager Catholic Relief Services Tcson, AZ Ron Dankowski, Exective Director Catholic Commnity Services of Sothern Arizona Diocese of Tcson Debra Fergs, Case Management Spervisor Catholic Charities, Unaccompanied Refgee Minors Program Phoenix, AZ Rene Franco, Program Coordinator Immigration & Citizenship Program Catholic Commnity Services of Sothern Arizona Diocese of Tcson Leticia Harmon, Program Director Catholic Charities St. Michael s Home for Children Unaccompanied Alien Children Program Archdiocese of Galveston-Hoston Peg Harmon, CEO Catholic Commnity Services of Sothern Arizona Tcson, AZ Deacon Joe Rbio, Vice President for Commmnity Relations & Development Catholic Charities Archdiocese of Galveston-Hoston Tricia Hoyt, Director Office of Peace & Jstice Diocese of Phoenix Tim Jefferson, Case Manager and Otreach Coordinator Arizona Leage to End Regional Trafficking Phoenix, AZ Beth Ann Johnson, Volnteer Director Casa San Jan Diocesan Migrant Service Center Hoston, TX Bonna Kol, President/CEO Catholic Charities Archdiocese of Galveston-Hoston Ferdinand Lossavi Losso, Refgee Resettlement Program Director Catholic Commnity Services of Sothern Arizona Tcson, AZ Father Prisciliano Peraza, Pastor Or Lady of Gadalpe Chrch and Centro Comnitario de Atención al Migrante y Necesitado Altar, MX Joanne Welter, Director Catholic Social Mission Diocese of Tcson Mr. Mark & Mrs. Loise Zwick, Exective Directors Casa Jan Diego Hoston, Texas The Lost Dream: Unaccompanied Migrant Children and Victims of Hman Trafficking on the US/Mexico Border 23

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