2014 American immigration crisis
|Legal status of persons|
The 2014 American immigration crisis refers to the surge in unaccompanied children from Central America seeking entrance to the United States. The surge has increased rapidly, doubling in volume each year, reaching crisis proportions in 2014 when tens of thousands of women and children from El Salvador, Guatemala and Honduras migrated to the United States. Many of the children had no parent/legal guardian available to provide care or physical custody and quickly overwhelmed local border patrols.
- Background 1
- Federal responsibilities 2
- Resources 3
- Federal Response 4
- Public response 5
- Victimization of relatives by fraudsters 6
- See also 7
- References 8
- External links and further reading 9
Most women and children from Central America simply crossed the Rio Grande and turned themselves into to the United States Border Patrol, relying on the belief, partly well founded, that United States immigration and refugee law made special provision for children. The large number of migrants entitled to hearings, counsel, and placement overwhelmed U.S. immigration courts and other government facilities.
The provisions of H.R. 7311,
- Children on the Run
- Children in Danger: A Guide to the Humanitarian Challenge at the Border, American Immigration Council
- Unaccompanied Children FAQs from the Administration for Children and Families Dept. of the U.S. Government Health and Human Services
- Unaccompanied Alien Children: Potential Factors Contributing to Recent Immigration Congressional Research Service
- Unaccompanied Alien Children—Legal Issues: Answers to Frequently Asked Questions Congressional Research Service
- Forced Displacement and Protection Needs produced by new forms of Violence and Criminality in Central America, commissioned by UNHCR and issued in May 2012 by the International Centre for the Human Rights of Migrants (CIDEHUM)
- "The GOP’s Completely Incoherent Stance on the B*order Crisis" blog commentary by Zoë Carpenter on The Nation
- "Gov. Perry: Once and for all, secure the border" oped by Governor Rick Perry in USA Today July 9, 2014
- "President Obama on Unaccompanied Immigrant Children" 25 minute video of press conference in Dallas July 9, 2014
Democracy Now coverage July 11, 2013:
- ""We Should Be Protecting Children": Rep. Gutiérrez Supports Funds for Humanitarian Crisis at Border"
- "Worst of the American Spirit": Advocates Decry Anti-Immigrant Protests, Urge Asylum for Children"
- KIND - Kids In Need of Defense - Protecting the Rights of Children
- "The Dignity of the Human Person" blog post July 14, 2014 by Cardinal Timothy M. Dolan, Roman Catholic Archdiocese of New York
- Regional Office United Nations High Commissioner for Refugees for the United States and the Caribbean (March 2014). "Children on the Run: Unaccompanied children leaving Central America and Mexico and the Need for International Protection" (PDF). unhcrwashington.org. Washington, D.C.: United Nations High Commissioner for Refugees. p. 15. Retrieved July 11, 2013.
- Tom Dart (July 9, 2014). "Child migrants at Texas border: an immigration crisis that's hardly new South Texas has become preferred point of entry with arrivals up 178% year on year, with a spike in those from Central America". Houston: The Guardian. Retrieved July 10, 2014.
- 6 U.S.C. § 279(g)(2)
- Carl Hulse (July 9, 2014). "Immigrant Surge Rooted in Law to Curb Child Trafficking". The New York Times. Retrieved July 9, 2014.
- "Rights of Children in the Immigration Process" (PDF). aclu.org. ACLU Immigrant Rights' Project. July 2014. Retrieved July 9, 2014.
Michael D. Shear and Jeremy W. Peters (July 8, 2014). "Obama Asks for $3.7 Billion to Aid Border". The New York Times. Retrieved July 9, 2014.
an urgent humanitarian situation.
- Julia Preston (July 8, 2014). "U.S. Adjusts Court Flow to Meet Rise in Migrants". The New York Times. Retrieved July 9, 2014.
- "Flores v. Meese - Stipulated Settlement Agreement" (PDF). aclu.org. ACLU. August 12, 1996. Retrieved July 9, 2014.
- "Angelina Jolie Speaks Passionately About Refugees and Children". October 18, 2008. Retrieved August 29, 2013.
- Statement of Craig Fugate Administrator, Federal Emergency Management Agency U.S. Department of Homeland Security
"Challenges at the Border: Examining the Causes, Consequences, and Responses to the Rise in Apprehensions at the Southern Border". hsgac.senate.gov. United States Senate Committee on Homeland Security and Governmental Affairs. July 9, 2014. Retrieved July 10, 2014.
Our border security system has been overwhelmed by the sheer numbers of these children and families.
- "Obama Challenges Perry to Rally GOP Around Border Plan". Retrieved July 15, 2014.
- Ashley Parker (July 10, 2014). "G.O.P. Pushes Back on Approving Border Funds". The New York Times. Retrieved July 11, 2014.
"Protests turn back buses carrying illegal immigrant children". Fox News. Associated Press. July 2, 2014. Retrieved July 10, 2014.
stop illegal immigration, illegals out!
- Astrid Galvan/Associated Press (July 15, 2014). "Arizona protesters hope to stop immigrant transfer". Azfamily.com. Associated Press. Retrieved July 17, 2014.
- SEMPLE, KIRK (6 June 2014). "Youths Facing Deportation to Be Given Legal Counsel". New York Times. Retrieved 7 June 2014.
- Gomez, Alan (6 June 2014). "Obama to provide legal aid to border-crossing children". USA Today. Retrieved 7 June 2014.
- "07.18.14 Governor Patrick's Statement on Sheltering of Unaccompanied Minors in Massachusetts". mass.gov/governor. Mass.gov. Retrieved 22 July 2014.
- "S. 2648 - Summary". United States Congress. Retrieved 31 July 2014.
- Marcos, Cristina (31 July 2014). "House cancels border vote". The Hill. Retrieved 31 July 2014.
- "Statement of Administration Policy on S. 2648". Executive Office of the President. 28 July 2014. Retrieved 31 July 2014.
- "H.R. 5230 - Summary". United States Congress. Retrieved 31 July 2014.
- "Statement of Administration Police on H.R. 5230". Executive Office of the President. 30 July 2014. Retrieved 31 July 2014.
- Shear, Michael. "U.S. to Shut 3 Interim Shelters Housing Immigrant Children". www.nytimes.com. The New York Times. Retrieved 5 August 2014.
"M.S.P.C. v. Johnson - Declarations". ACLU. Retrieved August 31, 2014.
a host of procedural obstacles for asylum applicants
- Julia Preston (September 5, 2014). "In Remote Detention Center, a Battle on Fast Deportations". The New York Times. Retrieved September 7, 2014.
- Department of Homeland Security. "Escort Services for Unaccompanied Alien Children". FedBizOpps.gov. Retrieved 17 July 2014.
- Slavo, Mac. "Homeland Security Bid: The Smoking Gun of the Orchestrated Illegal Immigrant Invasion". The Conservative Tree House. Retrieved 17 July 2014.
- "Budget in Brief". Department of Health and Human Services. Retrieved 17 July 2014.
Julie Hirschfeld Davis and Michael D. Shear (July 16, 2014). "Border Crisis Casts Shadow Over Obama’s Immigration Plan". The New York Times. Retrieved July 17, 2014.
the crisis in the Rio Grande Valley along the border has ballooned into round-the-clock cable television fare and constant fodder for Mr. Obama’s opponents in Congress.
- Gordon, Ian (2014). "70,000 Kids Will Show Up Alone at Our Border This Year. What Happens to Them?".
- "New WOLA report on Mexico's Southern Border - Washington Office on Latin America". 17 June 2014.
- Frances Robles. "Fleeing Gangs, Children Head to U.S. Border". The New York Times. Retrieved July 10, 2014.
- Frances Robles (July 23, 2014). "Swindlers Target Kin of Migrants". The New York Times. Retrieved July 24, 2014.
On July 23, 2013, The New York Times reported that con artists had fraudulently obtained confidential information about child immigrants held at military bases in Oklahoma and Texas and had been contacting the children's parents asking for money to facilitate release of the children and reunification with their family. No money is actually required. The matter was reported to be under investigation by the FBI.
Victimization of relatives by fraudsters
Before the end of June 2014 some conservative bloggers postulated the sudden influx of underage illegal immigrants was planned by the Obama administration (even theorizing a Cloward–Piven strategy), based upon an advertisement posted in January 2014 by the Department of Homeland Security seeking a contractor to manage and transport approximately 65,000 Unaccompanied Alien Children (UAC) "ages infant to 17 years of age." This number is set in contrast to an average annual number of 5,000 UAC. The Department of Health and Human Services stated in its “Budget in Brief” that the expected annual number of arriving UAC had increased from 6,560 to an estimated 60,000 for fiscal year 2014, and the Government anticipated awarding a five year contract to deal with them.
A 2014 Mother Jones article suggested many of these unaccompanied children are attempting to escape abusive situations. Analysis of Border Patrol statistics by the Director of the Regional Security Policy Program at the Washington Office on Latin America shows a correlation between gang-related killing of children in Central America, particularly San Pedro Sula in Honduras, and the surge in migration.
Members of the Hispanic caucus called for humane measures with respect to families and children fleeing violence in Central America and continued efforts to refine administrative policy with respect to the millions of undocumented immigrants living and working in the United States.
In October 2014, immigrant rights groups filed Freedom of Information Act (“FOIA”) litigation to compel the release of documents regarding the use of the expedited removal process against families with children, including those detained at the family detention center in Artesia, New Mexico. The complaint was filed in the U.S. District Court for the Southern District of New York.
In January 2014 the Department of Homeland Security sought a contractor to manage and transport approximately 65,000 Unaccompanied Alien Children (UAC) "ages infant to 17 years of age." This number is in contrast to an average annual number of 5,000 UAC. The Department of Health and Human Services stated in its “Budget in Brief” that the expected annual number of arriving UAC had increased from 6,560 to an estimated 60,000 for fiscal year 2014, and the Government anticipated awarding a five year contract to deal with them.
The Department of Health and Human Services had opened three temporary shelters for children at military bases in Texas, Oklahoma and California, but the sites were closed in August 2014 as the flow of migrant children declined and the capacity of permanent centers to house children was expanded. However, the new centers, such as the one in Artesia, New Mexico, may not offer facilities compatible with due process. After a lawsuit was filed by the ACLU about conditions at Artesia conditions there showed marked improvement.
On July 29, 2014, Rep. Hal Rogers introduced the bill "Making supplemental appropriations for the fiscal year ending September 30, 2014 (H.R. 5230; 113th Congress)" (also known as the "Secure the Southwest Border Supplemental Appropriations Act, 2014" and the "Secure the Southwest Border Act of 2014") into the United States House of Representatives. H.R. 5230 would provide supplemental FY2014 appropriations to several federal agencies for expenses related to the rise in unaccompanied alien children and alien adults accompanied by an alien minor at the southwest border. The bill would also change the procedures for screening and processing unaccompanied alien children who arrive at the border from certain countries. H.R. 5230 would provide $659 million in supplemental funding. On July 30, 2014, President Barack Obama released a statement of administration policy stating that "his senior advisors would recommend he veto the bill" if it were presented to him for his signature. The House was scheduled to vote on the bill on July 31, 2014, but the Republican leadership canceled the vote because they did not have enough votes to pass H.R. 5230 at that time.
On July 23, 2014, Senator Barbara Mikulski introduced the bill Emergency Supplemental Appropriations Act, 2014 (S. 2648; 113th Congress), a bill that would appropriate supplemental funds for FY2014 to specified federal agencies and programs to respond to the increased apprehensions of unaccompanied children and minors along the southwestern border, fight wildfires, and support Israel's Iron Dome anti-missile defense system. The bill would provide $2.7 billion in supplemental funding. On July 28, 2014, President Barack Obama released a statement of administration policy in support of the bill, urging "Congress to act swiftly to pass the bill to allow a timely and effective response to these pressing needs."
On July 18, 2014 Massachusetts Governor Deval Patrick offered 1 of 2 locations to the Federal government as temporary shelters for up to 1000 children. One is Camp Edwards in Bourne, Massachusetts - on Cape Cod. And the other is Westover Air Reserve Base in Chicopee, Massachusetts in the western part of the state. In his extended remarks the Governor has said on his website: "Before a facility opens here, the Commonwealth will sign an MOU with the federal government to ensure that a municipality hosting the facility has input on the circumstances of being a host location."
The United States Department of Justice reported in June 2014 that it will provide around 100 lawyers and paralegals for the rising number of children coming to the United States without parents or relatives. Under this program, the federal government will issue $2 million in grants to compensate lawyers and paralegals representing unaccompanied children. Attorney General Eric Holder stated, "We're taking a historic step to strengthen our justice system and protect the rights of the most vulnerable members of society." The Obama administration estimates roughly 60,000 unaccompanied children will come across the border to the US in 2014.
As most unaccompanied children from Central America do not attempt to avoid capture but turn themselves into the Border Patrol after entering the United States, they usually cross the Rio Grande into Texas. The large number of children overwhelmed facilities in Texas in summer 2014 and some of the women and children were transferred to INS facilities in California. In most instances this occurred without incident, but in Murrieta, California on July 1, 2014 buses carrying immigrants to a Border Patrol facility were blocked by flag-waving protesters. On July 15, 2014, in Oracle, Arizona, pro and con demonstrators faced off regarding possible use of a local facility to house immigrant children. The location of the shelters being used is confidential, but a local law enforcement officer had informed the community of the planned use of the facility.
On July 9, 2014 a hearing on the crisis was held by the United States Senate Committee on Homeland Security and Governmental Affairs. The testimony of Statement of Craig Fugate Administrator, Federal Emergency Management Agency U.S. Department of Homeland Security was that "We are talking about large numbers of children, without their parents, who have arrived at our border—hungry, thirsty, exhausted, scared and vulnerable." Senator Dianne Feinstein compared the crisis to the American refusal to accept Jewish refugees from Nazi Germany aboard the MS St. Louis. The President's request for additional funds was met in both houses of Congress by proposals to modify or eliminate the rights granted by the 2008 reauthorization of the Victims of Trafficking and Violence Protection Act of 2000
Kids in Need of Defense (KIND), provides free legal aid to unaccompanied minors in immigration proceedings across the U.S. KIND was founded in October 2008 by Angelina Jolie in a collaboration with the Microsoft Corporation and 25 leading U.S. law firms.
The ACLU believes the stipulated settlement in Flores v. Meese, which is a United States District Court for the Central District of California decision which sets out a nationwide policy concerning federal detention of any minor, also applies.
According to the Immigrant Rights' Project of the American Civil Liberties Union, the Office of Refugee Resettlement (ORR) within the United States Department of Health and Human Services, the United States Department of Homeland Security (DHS), including U.S. Customs and Border Protection (CBP), and the Executive Office for Immigration Review (EOIR),(usually called the immigration courts), within the United States Department of Justice each have statutory responsibilities with respect to unaccompanied children from Central America.
One solution, proposed by the Department of Justice in July 2014, is to move cases involving children and families with children to the head of the docket in immigration courts.
 and resulted in discussions on how to interpret or revise the 2008 law in order to expedite handling large numbers of unaccompanied children. for an emergency appropriation of nearly $4 billionBarack Obama and protection to unaccompanied children from countries which do not have a common border with the United States. This made expeditious deportation of the large number of children from Central America difficult and expensive, prompting a call by President