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Home / US / Factual review of the immigration spider in the separation of families and 1,500 "lost" children

Factual review of the immigration spider in the separation of families and 1,500 "lost" children

"We have to break families apart, the Democrats have given us this law, it's a terrible thing to break families apart from, the Democrats have given us that law, and they do not want to do anything about it."
– President Trump, at a round table on California Protected Cities, May 16, 2018

"But this government separates children from their parents and is unable to declare 1,500 children lost!" Shame.
– Senator Tim Kaine D-Va.), on Twitter 27. May 2018

Trump accuses the Democrats of a law separating undocumented migrant children from their families. Some Democrats have accused Trump's government of losing track of nearly 1,500 immigrant children.

None of this is right.

We have factually verified many claims about the border, and it is clear that the latest spin from both sides deserves to turn you under the microscope. However, since this is a summary of several allegations, we do not give Pinocchio ratings.

Let us dig in.

The Facts

These claims center around "Catch and Release," the practice of US authorities releasing children and asylum seekers into the community while awaiting immigration hearings. Many fail to perform for their hearings and stay in the country without legal authorization.

The Trump administration says that these legal "loopholes" allow trafficking in children, while smugglers and bad actors benefit. Immigration and civil rights groups say it is misleading to portray the asylum process as a loophole and that in recent years thousands of people have lawfully sought refuge in the United States from the violence in El Salvador, Guatemala and Honduras.

We have to break families. The Democrats have given us this law. "

Trump says his government's policy of separating children from their families is due to a democratic immigration law, but as we've already said, catching and releasing is not a single law but a collection of policies and court decisions We told President Three Pinocchios in April when he tweeted that capturing and releasing was a "liberal" and "democratic" law.

Explained in a meeting with reporters on May 29 Stephen Miller, Trump's senior political advisor, said the president's rationale was to base this policy on Democrats, the core of which is that these laws may or may not be democratic creations, but Democrats own them because they do not support Trump's more restrictive immigration agenda.

"It's a pretty direct problem," Miller said. "Almost unanimous Republican agreement on the need to change the law and politics to close these loopholes, and the Democrats resist them."

It's pretty far to say that there is "almost unanimous republican agreement" on this agenda giving unified opposition to Democrats. The Secure and Succeed Act, sponsored by Senator Charles E. Grassley (R-Iowa), failed in the Senate in February 39-60. The White House backed this proposal, which scored 36 out of 51 GOP polls and three Democrats, far from the transition. Three more immigration proposals, backed by a broader mix of Republicans and Democrats, each received more than 50 votes – enough to pass if there had been no 60-point referendum.

Miller mentioned the William Wilberforce Trafficking Victims Protection Act of 2008, a law signed by President George W. Bush, a Republican. TVPRA is designed to provide a safe haven for victims of human trafficking and says that unaccompanied children are "released from immediate return to their home country" unless they come from Canada or Mexico, according to the Department of Homeland Security. Children fleeing violence in El Salvador, Guatemala and Honduras are covered by this law.

Miller also mentioned the 1997 "Flores Settlement." This agreement, made by President Bill Clinton's government, requires the undocumented immigrant to discriminate against children, if possible, to their parents, if not adults adult relatives and licensed programs that take custody of children if relatives are not available. As a last resort, US officials can put children in the "least restrictive" environment.

A federal judge in California ruled in 2015 that the Flores settlement preserved all children in immigration offices, regardless of whether they were arrested the border alone or with family members. The judgment of the judge also related to the accompanying parents. But the US District 9th Circuit Court overturned the last part of the ruling and said the Flores ruling only required that children, not parents, be released. Therefore, it is necessary for the government to keep immigrant children and their parents together for a limited time only.

But none of these legal developments requires that the Trump Administration separate children from their families . Instead, the divisions are rising in large part due to a "zero tolerance" policy implemented by Attorney General Jeff Sessions. In April, Sessions ordered the prosecutor to sue as many illegal entry crimes as possible.

Devin O & M Malley, a spokesman for the Department of Justice, said in the meeting on May 29 that people charged with these crimes are often sentenced to serving and transferred to the Department of Homeland Security for deportation ,

On the one hand, Flores Settlement and TVPRA demand that children be released. On the other hand, the accompanying parents are prosecuted and deported by Sessions' Zero Tolerance Policy.

Democrats do not pay attention to reality. The TVPRA was signed by Bush and the Flores agreement is a court approved agreement, not a law. Nothing required the Trump administration to separate children from their families until Sessions' zero-tolerance policy made this a practical necessity.

Miller also mentioned a Supreme Court ruling of 2001, Zadvydas v Davis . The court ruled that immigrants under deportation orders – but who would not accept any other country – generally could not be detained by US officials for more than six months.

Congress can not pass a law that overrides this court ruling. It would require a constitutional amendment or a new Supreme Court ruling overturning Zadvydas .

Republican senators introduced laws to restrict the scope of the verdict in 2014, so that the Department of Homeland Security could retain custody of some individuals after expiration of the six-month period in special circumstances, even if the person poses a threat to the national Safety was considered or had a highly contagious disease. Portions of this bill have been incorporated into the Secure and Succeed Act.

The President asked Congress to allow the US Immigration and Customs Authority "to keep custody of illegal aliens whose home countries do not accept repatriation," as long as they do. in accordance with the Constitution, "following a statement of principles and guidelines, which he sent to Congress in October 2017.

" The government has repeatedly called for the closure of federal immigration loopholes, which allow a quick, safe and fast return would be from illegal extraterrestrial minors, adults and families on the southern border, "said White House Deputy Press Secretary Hogan Gidley." However, the Democratic Party has repeatedly campaigned against these loopholes to maintain a "catch-and-release" policy "Mocking National Sovereignty."

A White House official said, "From October 2017 to February of this year, the DHS saw a staggering increase of 315 percent in illegal aliens who used children to introduce themselves as family units for entry to position in the country, compared with the same period last year.

The official also pointed to a column in the National Review by Rich Lowry

"Separation only happens when officials find that the adult mistakenly claims to be the child's parents, or constitutes a danger to the child, or being brought into criminal proceedings, "wrote Lowry." It's the last thing that works here. The previous practice was to give a license to an adult who is part of a family unit. The new Trump policy is to prosecute all adults. "

" This government separates children from their parents and is unable to consider 1,500 lost children!

This startling statement has spread like wildfire, Kaine is not alone in tweeting it, has the government suddenly lost track of 1,500 children?

In a word, no.

The Department of Health and Human Services resettled 7,635 children in the US from October 2017 to December 2017 El Salvador, Guatemala, and Honduras

As already mentioned, the Flores settlement requires that these children be accommodated with their parents when they are available, with other relatives, if not then in licensed programs he "least restrictive" attitudes when everything else fails.

The HHS Relocation Bureau will even take these children with family members who are themselves undocumented. "We are unable to refuse mediation simply because parents or family members live illegally in the country," said Steven Wagner, deputy secretary of the Child and Family Administration at HHS, to reporters on May 29.

All 7,635 children were resettled by HHS. After 30 days, the department called parents or guardians to check things. But these calls were not required by law, and in 1,475 cases, parents or guardians did not respond, perhaps because they were afraid of deportation, Wagner said.

Wagner testified in April before a subcommittee of the Senate that of the 7,635 children, 6,075 remained where they were housed, 52 had moved, 28 had run away, and five had been deported. That left 1,475 migrant children. Just because their parents or guardians do not reciprocate the HHS phone calls after 30 days does not mean that the children are missing.

"We are not in custody of the children at this time," said Wagner. "If you call a friend and do not answer the phone, do not assume they've been kidnapped."

Kaines Tweet suggests that the 1,500 children were separated from their families and then lost. This did not happen because all 7,635 children were unaccompanied minors when they crossed the border and were resettled.

"Senator Kaine has serious concerns about the policies of the Trump administration that puts children at risk, including the separation of parents and children at the border, the widely reported failure to bring nearly 1,500 children to the United States as unaccompanied minors and to report the lack of protection for children in the US whose parents are arrested or detained by immigration authorities, "said a Kaine representative.

It is not the first time that the government loses track of children in these situations. According to Wagner, 14 percent of HHS calls covering the end of Obama's term and most of Trump's first year were not returned in the past fiscal year.

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