LatinaLista — Last week, Mexican diplomats in North Texas were among the first of U.S.-based Mexican consulates to sign “accords” with the U.S. that creates clear guidelines on how the United States should deport children and women and those with disabilities.
The Department of Homeland Security (DHS) had been found to be negligent in how they deported the most vulnerable of all undocumented immigrants. It was reported that DHS would deport busloads of children into Mexico in the dead of night and leave them to fend for themselves in some of the most dangerous border towns.
(Source: Women’s Refugee Commission)
The new accords stipulate, among other things, that when children are to be deported the government notifies the families or Mexico’s family welfare agency so that the children can be received and transferred into the care of responsible adults.
However, a new report issued by the Women’s Refugee Commission found that before these children are deported, the United States is not supplying the kind of consistent care that would ensure these children’s safety, health or basic rights.
In the recently released report, Halfway Home: Unaccompanied Children in Immigration Custody, researchers at the Women’s Refugee Commission were quick to point out at the beginning of the report that conditions for the care of unaccompanied minors had improved over the last six years.
Yet, when reports still exist of children being physically abused by Border Patrol agents or placed in adult jails or subjected to harsh, adversarial court proceedings without the opportunity to defend themselves, then things really aren’t that great.
In fact, it’s only when the children are actually taken from DHS, ICE or border patrol oversight and turned over to the specially created department to oversee unaccompanied minors — Division of
Unaccompanied Children’s Services (DUCS) — does the care and welfare of these children show improvement.
Yet, DHS has been purposely uncooperative in the length of time it retains children under their supervision when they should have immediately turned the children over (within 72 hours) to DUCS. Also, it was noted by the researchers that DHS was purposely uncooperative with them during the compilation of the report and would not answer questions.
Yet, in a not so surprising development, researchers reported:
The research and writing of this report took place over two years. We are happy to report that during the final drafting and review process, and possibly as a result of our discussions with them, the Office of Refugee Resettlement, Immigration and Customs Enforcement (I CE) and Border Patrol have begun initiatives to address some of the concerns we raise herein.
But that doesn’t erase the facts that the problems though they are being addressed, still persist.
For that reason, Congresswoman Lucille Roybal-Allard will re-introduce the Immigration Oversight and Fairness Act. The legislation will require DHS to provide independent licensed social workers at the majority of Border Patrol stations so that children are informed of their legal rights and provided with emergency medical and mental health care, bedding, blankets, recreation and adequate nutrition. It will also ensure that children are kept safe from abuse during transfer to DUCS or upon repatriation and would prevent DHS from co-mingling unaccompanied children with (non-relative) adults or juvenile offenders.
In the meantime, the authors of the report made several specific recommendations to jumpstart the needed reforms in the detention of unaccompanied minors. If initial government response is any indication then the lives of thousands of children will be safeguarded.
The following are recommendations cited in the Women’s Refugee Commission’s report:
ICE, Border Patrol and ORR (Office of Refugee Resettlement) must clarify the definition of unaccompanied alien child so that no child remains in ICE or Border Patrol custody for more than 72 hours, regardless of criminal history.
DHS and HHS (Health Human Services) must implement the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (TVPRA)-a major step forward in protecting unaccompanied children which will resolve some of the deficiencies we observed (see the Women’s Refugee Commission’s December 11th statement on the legislation).*
To protect their best interest, children in immigration proceedings must be provided with guardians and attorneys. Most children must now represent themselves in court and navigate the complex immigration system on their own-an exceedingly difficult task for anyone, much less a child. (Latina Lista note: For this very reason, the non-profit organization KIND (Kids in Need of Defense) was created to provide pro bono legal representation to unaccompanied minors.)
DUCS should take steps to enhance internal monitoring and oversight to ensure that sites are in compliance with DUCS policies and procedures and that complaints and concerns are addressed quickly and effectively.
An independent agency or organization with expertise in child welfare service delivery should conduct an analysis of the DUCS program and structure, and issue recommendations for a service delivery model that brings the program fully into line with recognized child welfare practices.
Comment(8)
Horace
My questions is; that since this is essentially a Mexican problem, one which should concern Mexicans most, why doesn’t the Mexican government offer to pay all the costs of bringing these people back? Why won’t Mexico offer to pay to take care of its own people? You always put the onus on the American people, never Mexico. Are you really a legal resident, or citizen of this country, Marisa, because you never stick up for this country much. You’re the poster child for the Latino blame America first crowd.
Horace
The unfortunate truth is, Marisa, Mexico is country of callous people, and that’s why the don’t care for their children. They lack compassion for their own poor and illiterate. If they had compassion, they’d do everything in power to ensure the economic well-being. They’d be the first to assure the proper treatment of their children. We wouldn’t see them setting up Migre amusement parks, where the middle class callously participate in simulated border crossing gauntlets as weekend adventures. What kind of people are they that make light of their own poor and illiterate’s trials and tribulations. That’s something bizarre and disgusting about Mexico that all Americans should speak out about, including you. It’s funny that Mexicans themselves don’t close down such shameful activities.
Marisa Treviño
Horace, your comment defies response simply for its lack of understanding of Mexican culture, politics and news and its convenience in forgetting the U.S’ own history regarding the same subject.
Horace
Your answer is typically unresponsive. In this case it’s because you refuse to acknowledge any of the failings of Mexican culture. You and Mexico have at least one characteristic that is not helpful in your discussions; your both in denial. The first step in changing bad behavior is facing the facts that promote bad behavior. You prefer to focus on what you perceive as American culpability and never that of the Mexican government, and because of that, you do your constituency a great disservice.
Publius
Marisa,
You patronize Horace by essentially saying that he can’t possibly understand. He has a valid point concerning the seeming heartlessness on the part of the Mexican people. Are you incapable of explaining yourself or are you being evasive because you refuse to criticize Mexico?
Marisa Treviño
Publius, I see no validity in spouting erroneous generalizations. For example, I could say that all Republicans are xenophobic nativists but I know that’s not true. The same for the Mexican population. I’m not afraid to criticize Mexico, and if you check the archives of Latina Lista, you’ll see I have done that but nor do I believe anything is gained by passing off biased remarks as fact.
Horace
….nor do I believe anything is gained by passing off biased remarks as fact.
Fact: Mexican middle class citizens are being entertained by the migre park that makes fun of the illegal aliens attempting dangerous desert crossings in which hundreds per year die.
Fact: The Mexican people do nothing to dissuade said illegal aliens making the desert crossings and do nothing to assist the children you cite in your article.
Fact: The Mexican government makes it easier for these illegals to enter the U.S. by promoting its Matricular Consular Cards. The fact that would be illegals know of this before they go actually encourages them to make the dangerous crossings through the desert.
In what respect are these bias? The only bias I see is yours. These are just examples of the lack of responsibility that Mexicans take for the plight of their people. You’re not only and apologist, but culpable in these actions by your silence on these issues.
Panchito
Why would any human being risk deportation leaving their children behind in a hostile land? If you are in this country illegally, go home and take your children with you. If your child is a U.S. Citizen, let him return when he/she becomes an adult and can work to support him/herself. There is no compassion or sympathy in this country for you or your children.
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