WOMEN AND CHILDREN AT THE BORDER The Humanitarian Crisis Katherine E. Hall & Janet A. Lewis LBF/ Greenebaum Human Rights Fellowship University of Louisville Brandeis School of Law
LA BESTIA
Number Crossing the Border October 2013 August 2014 Family Units* 60,813 CROSSING THE BORDER Unaccompanied Minors 51,425 Increase from 2013 to 2014 Family Units* 412% Unaccompanied Minors 142% *includes women travelling with children Data: Customs and Border Protection (cbp.gov)
COUNTRIES OF ORIGIN
COUNTRIES OF ORIGIN Family Units El Salvador Guatemala Honduras Unaccompanied Minors El Salvador Guatemala Honduras 24% 30% 34% 56% 20% 36% Data: Customs and Border Protection (cbp.gov)
UNACCOMPANIED MINORS APPREHENDED 60,000 50,000 40,000 30,000 20,000 Honduras Guatemala El Salvador 10,000 0 2009 2010 2011 2012 2013 2014 Data: Customs and Border Protection (cbp.gov)
Migration Policy Institute (http://www.migrationpolicy.org/article/central-american-migrants-and-la-bestia-route-dangers-andgovernment-responses) La Bestia Freight trains through Mexico No visa checks Less expensive than paying coyote Dangerous travel HOW DO THEY GET HERE? Likely route for women with children
Migration Policy Institute (http://www.migrationpolicy.org/article/central-american-migrants-and-la-bestia-route-dangers-andgovernment-responses) Coyotes Smuggling networks Unaccompanied minors more likely to be smuggled Travel by bus or van Cost up to $10,000 HOW DO THEY GET HERE? More likely used by those with connections in the U.S.
MISCONCEPTIONS ABOUT CRISIS U.S. immigration policy is to blame for the surge of unaccompanied minors Increased border security would significantly stem the flow of migrants Sheltering these immigrants invites gang violence, drugs and disease into the U.S. The Border Crisis: Fact vs. Fiction presentation for LBA (Nirupama Kulkarni, Esq. and Professor Enid Trucios-Haynes)
Children on the Run UNHCR A HUMANITARIAN CRISIS
Alien: noncitizen Lawfully Present Noncitizens: Naturalized Citizens Lawful Permanent Residents ( green card ) Nonimmigrants Lawful Temporary Migrants Unauthorized Noncitizens: all foreign born noncitizens residing in the U.S. without lawful status Entered without valid documents Overstayed visa expiration Unaccompanied Alien Children (UAC) Under the age of 18 TERMINOLOGY Has no lawful immigration status in the U.S. Has neither a parent nor a legal guardian in the U.S. who is available to provide care and physical custody The Office of Refugee Resettlement (ORR) is responsible for care and placement of UAC s who are apprehended The Border Crisis: Fact vs. Fiction presentation for LBA (Nirupama Kulkarni, Esq. and Professor Enid Trucios-Haynes)
WILLIAM WILBERFORCE TRAFFICKING VICTIMS PROTECTION REAUTHORIZATION ACT OF 2008 Signed into law at the end of the George W. Bush Administration Created to protect trafficked foreign nationals, prosecute traffickers, and increase prevention of trafficking Included protections for children from non-contiguous countries: Requires that children be held by CBP for no longer than 72 hours Requires that children be given the opportunity to appear at an immigration hearing and consult with an advocate Requires that children have access to counsel to the greatest extent practicable Requires children to be turned over to the Department of Human Services in order to place the child in the least restrictive setting that is in the best interest of the child Directs HHS to explore reuniting children with family members The Border Crisis: Fact vs. Fiction presentation for LBA (Nirupama Kulkarni, Esq. and Professor Enid Trucios-Haynes) and ABA (http://www.americanbar.org/content/dam/aba/administrative/immigration/uacsstatement.authcheckdam.pdf)
WHAT HAPPENS AT THE BORDER? Apprehension by CBP and moved to processing station Held in cells for days, sometimes as many as 15 Women with Children Some released Often held in detention centers with children Unaccompanied Minors Placed in ORR shelter Released to approved sponsor Removal proceedings American Bar Association (http://www.americanbar.org/content/dam/aba/administrative/immigration/uacsstatement.authcheckdam.pdf)
PLACEMENT OF UNACCOMPANIED MINORS Historically, approximately 85% of unaccompanied minors have been reunified with approved sponsors within an average of 35 days Since the surge, accelerated reunification (in as little as 7 days) without legal screenings Children have no right to appointed counsel or guardian ad litem Reunification all over the country No one agency coordinating legal representation Legal representation through nonprofits is concentrated in major cities American Bar Association (http://www.americanbar.org/content/dam/aba/administrative/immigration/uacsstatement.authcheckdam.pdf)
Women with children commonly held in detention centers by DHS Difficulty obtaining and communicating with attorneys: No right to counsel No appointed counsel Restricted communication Difficulties discussing issues such as domestic violence and rape in front of children during interviews Children have no distraction or entertainment during long attorney interviews Instances of intimidation and coercion by immigration officers DHS report found problems of inadequate food, inconsistent temperatures, and unsanitary conditions FAMILY DETENTION The Border Crisis: Fact vs. Fiction presentation for LBA (Nirupama Kulkarni, Esq. and Professor Enid Trucios-Haynes); Reporter s notebook: Dispute simmers at border detention center over crayons (pbs.org); National Immigration Law Center (http://www.nilc.org/nr082214.html)
POSSIBLE REMEDIES Asylum: victims of persecution or fear of persecution due to race, religion, nationality, membership in a particular social group or political opinion U visa: victims of crime who assisted law enforcement in investigation and/or prosecution T visa: victims of severe forms of human trafficking VAWA self-petition: victims of domestic violence or child abuse may self-petition for LPR status separate from citizen or LPR spouse or parent Special Immigrant Juvenile Status: state court has found that a child has been abused, abandoned, or neglected and cannot return to his/her home country Legislative Reform