Immigration Debate Shifts To U.S. Role

Debate over the immigration crisis of unaccompanied Central American children is shifting from immediate needs like housing and toward the role of the United States in creating the causes for the influx. An editorial blog from The Dallas Morning News explains why understanding the U.S. role is so important: “If Central American minors can make a credible claim that deportation would expose them to persecution or sexual exploitation in their home countries, U.S. immigration judges are likely to be lenient and let them stay. But the bar is set very high — and for a good reason.”

As stories surface about U.S.-based gangs operating in the countries of origin for the children, you can expect that debate over “causes” to increase. And how the civil immigration courts manage to verify any claims is going to be interesting.

Here’s the Morning News take from editorial writer Tod Robberson: 

WaPo: Obama Admin. Was Warned Of Border-Children Crisis

Top officials at the White House and the State Department had been warned repeatedly of the potential for a further explosion in the number of migrant children since the crisis began escalating two years ago, according to former federal officials and others familiar with internal discussions, The Washington Post is reporting.

The newspaper also says that the White House was directly involved in efforts in early 2012 to care for the children when it helped negotiate a temporary shelter at Lackland Air Force Base in San Antonio, which would seem to contradict administration claims that nobody could see the crisis brewing – at least not on the scale we see today. Meanwhile, estimates of Central American children arriving in the U.S. without accompanying parents or guardians is being revised from around 60,000 to more like 90,000 and up.

The border crisis is a civil justice crisis. The immigration process is a civil proceeding, as opposed to a criminal case, so children are not guaranteed representation by an attorney or a speedy process, as would be the case with criminal charges. Civil rights groups are suing the government in hopes of obtaining mandatory legal representation for the children.

Syracuse University Shedding Light On Lawyers For Unaccompanied Refugee Children

A Syracuse University study is offering timely information on how many of those unaccompanied border-crossing children are getting representation: about 48 percent. The International Business Times is citing the study in saying that “… data further estimates that only 31 percent of children with pending immigration cases have secured attorneys. Meanwhile, a prosecutor from the Immigration and Customs Enforcement agency is always present at hearings to represent the government.”

Explains the IBT: “Because immigration courts are civil courts, not criminal, defendants are not offered a government-appointed attorney to help argue their cases. And because so many undocumented immigrants – particularly in this latest wave of Central American children – cannot afford a private attorney, pro bono legal services often step in to provide counseling and representation. But Beth Werlin, deputy director at the American Immigration Council, says the high demand for these pro bono services has stretched the resources of available attorneys.”

Furthermore, she added, location makes a difference in getting access to pro bono services – which leaves the probability of securing an attorney up to chance. “Certain parts of the country have less-developed networks,” she said. “And putting detention facilities in remote areas means there’s not a network of lawyers available for the children.”

Unaccompanied Child Refugee Crisis: Calling Out The Guard

With Texas Governor Rick Perry doubling-down on the “security option” in the wake of an ongoing children’s refugee crisis on the southwestern U.S. border, it might be a decent time to review just how we got to a point of “calling out the National Guard.” Gov. Perry is announcing that he’s sending 1,000 national guard soldiers to the border, says the New York Times, which adds that “… Democrats, including Texas lawmakers in the border region, immediately lined up in opposition to the deployment plan, calling it an attempt to score political points and to militarize the border.”
Of course, for Gov. Perry and others the current crisis around unaccompanied children immigrating from Central America is the latest among ongoing border security issues. But that crisis has focused attention on immigration, and especially immigration of unaccompanied children. National Public Radio, which helped break the story and has been an informational leader, said the situation is “… turning into the largest influx of asylum seekers on U.S. soil since the 1980 Mariel boatlift out of Cuba. Since October, more than 52,000 children — most from Central America and many of them unaccompanied by adults — have been taken into custody. That’s nearly double last year’s total and 10 times the number from 2009.”
“Because of a backlog, which is growing greatly with the recent influx, in essence a kid releasedtomorrow could stay in the U.S. for up to three years waiting for that date,” explains NPR’s Carrie Kahn. “And for most of these kids, that’s three years with a long-lost relative or three years away from extreme poverty and violence.” A child migration advocacy group says that “… as many as 90 percent of the children stay with relatives or family friends already living in the U.S., with the rest placed in foster care…”

Gov. Brown Calls Child-Immigration Crisis A ‘Tragedy,’ Critic Says Comments Are ‘Empty’

California Gov. Jerry Brown, who has said the Golden State could be a “leader” on national immigration policy even though the issues involved are usually federally controlled, has called the border-crossing crisis involving unaccompanied children a “crisis,” but stopped well short of commenting on what the state might do about the situation, according to a Fresno Bee newspaper report. The Bee also reports that Brown “…accused critics of exploiting the situation for political gain.”

The Bee also reported that the governor’s state Office of Emergency Services “… said earlier this week that the administration has been coordinating with federal and local law enforcement officials, including providing assistance with crowd and traffic control. Brown said Friday that California is a destination for immigrants because they think the state is ‘great.’”

“By the way, they may come in through Texas because they have so many holes in the border down there, but they usually want to get over to California as fast as they can because stuff is happening here,” Brown said. He added, “I’m not saying I’m encouraging that. I’m not.”

Meanwhile, Neel Kashkari, the Republican conducting what’s largely seen as a longshot campaign to unseat Brown in the November election, called the governor’s comments “empty.”

Read more here.