Thread: DHS to Ask Congress for Authority to Deport Unaccompanied Migrant Children

DHS to Ask Congress for Authority to Deport Unaccompanied Migrant Children

Nielsen's proposal will also include more money for detention beds and the ability to hold families in detention longer than currently permitted

Published 44 minutes ago


Department of Homeland Security Secretary Kirstjen Nielsen will ask Congress for the authority to deport unaccompanied migrant children more quickly, to hold families seeking asylum in detention until their cases are decided and to allow immigrants to apply for asylum from their home countries, according to a copy of the request obtained by NBC News.

In a letter to Congress, Nielsen said she will be seeking a legislative proposal in the coming days to address what she called the "root causes of the emergency" that has led to a spike in border crossings in recent weeks. The letter has not yet been set.

The legislative proposal would have to clear the Democratic-controlled House of Representatives, which is likely to respond with strong opposition.

https://www.nbcphiladelphia.com/news...507803041.html

Sec. Nielsen Signs Historic Regional Compact with Central America to Stem Illegal Migration

She cant deport them because the secretive budget bill Trump signed on Feb 15, 2019 says they cant deport Unaccompanies Minors!

DHS will request authority to deport unaccompanied migrant children

BY CHRIS MILLS RODRIGO - 03/28/19 06:33 PM EDT 357

In a copy of a letter that agency secretary Kirstjen Nielsen will reportedly send to Congress soon, the DHS chief said that the limit on their ability to deport children is serving as "another dangerous 'pull' factor" for immigrants entering the country illegally.

DHS confirmed the existence of the letter when asked by The Hill. NBC News first reported Nielsen's letter on Thursday

Under U.S. law, children who enter the U.S. from non-contiguous countries, a term that effective encompasses Central America, are transferred to the custody of the Department of Health and Human Services (HHS), which then attempts to unite them with a relative or sponsor in the country.

"The result is that hundreds of Central American children come into our custody each day, await transfer to (Health and Human Services) care, and, ultimately are placed with a sponsor in the United States," Nielsen reportedly wrote in her letter, which was obtained by NBC.

The outlet reported that Nielsen's letter is expected to be delivered to lawmakers on Capitol Hill on Thursday night.

Nielsen’s letter noted that a legislative proposal was needed to address "root causes of the emergency."

Her solution also includes emergency funds to deal with the migrant flow, including what Nielsen predicts to be thousands of shelter beds for unaccompanied migrant children.

HHS, which is responsible for sheltering unaccompanied children, "is still approaching its maximum capacity and will very likely require thousands of additional beds in the coming weeks and months," the letter said.

The letter comes one day after Customs and Border Protection (CBP) Commissioner Kevin McAleenan said the U.S. immigration system has reached a "breaking point" as immigrant family crossing have hit record highs.

The Trump administration’s previous efforts to curb illegal immigration have been met with sharp backlash.

The administration last year drew intense scrutiny after it enforced a "zero tolerance" immigration policy that resulted in thousands of migrant children being separated from their parents. An estimated 2,000 families were split apart before the policy was halted.

Trump ended his administration's zero tolerance policy with an executive order after facing prolonged bipartisan pressure to halt the separation of migrant families.

https://thehill.com/latino/436384-dh...grant-children

If they are unaccompanied we are supposed to assume that they were in some way abducted.
http://www.oas.org/juridico/english/treaties/b-53.html

Originally Posted by Captainron

If they are unaccompanied we are supposed to assume that they were in some way abducted.
http://www.oas.org/juridico/english/treaties/b-53.html

Trump signed this.....

3) This bill contains a blatant amnesty for the worst cartel smugglers: Section 224(a) prohibits the deportation of anyone who is sponsoring an “unaccompanied” minor illegal alien – or who says they might sponsor a UAC, or lives in a household with a UAC, or a household that potentially might sponsor a UAC. It’s truly difficult to understate the betrayal behind this provision. One of the driving factors of the invasion is the misinterpretation of the UAC law. Under current law, Central American teenagers are only treated as refugees if they are A) a victim of “A severe form of trafficking” and B) have no relatives in the country. Yet almost all of them are self-trafficked by these very illegal relatives who are indeed present in the country. Rather than clamping down on this fleecing of the American people, the bill gives amnesty to the very people paying the cartels to invade us!

INTER-AMERICAN CONVENTION ON THE INTERNATIONAL RETURN OF CHILDREN

[Signatories and Ratifications]

SCOPE

Article 1
The purpose of this Convention is to secure the prompt return of children habitually resident in one State Party who have been wrongfully removed from any State to a State Party or who, having been lawfully removed, have been wrongfully retained. This Convention further seeks to secure enforcement of visitation and custody rights of parties entitled to them.

Article 2
For the purposes of this Convention, a child shall be any person below the age of sixteen years.

Article 3
For the purposes of this Convention:

1. Rights of custody include rights relating to the care of the child and, in particular, the right to determine the child's place of residence;
2. Rights of visitation include the right to take a child for a limited period of time to a place other than the child's habitual residence.

Article 4
The removal or retention of a child shall be considered wrongful whenever it is in breach of the custody rights that parents, institutions or others having such rights individually or jointly exercise over the child under the law of the child's habitual residence immediately prior to the removal or retention.

Article 5
Any party designated by Article 4 may, in the exercise of custody or similar rights, bring an action for the child's return.

Article 6
Judicial or administrative authorities of the State Party in which the child habitually resided immediately before the removal or retention shall have jurisdiction to consider a petition for the child's return.

In urgent cases, the applicant may choose, instead, to file a request for the child's return directly with authorities of the State Party in whose territory the wrongfully removed or retained child is or is thought to be when the re quest is made, or with the authorities of the State Party in which the wrongful act giving rise to the request took place.

Making a request in the manner described in the preceding paragraph shall in no way alter the jurisdiction authorized by the first paragraph of this article.

THE CENTRAL AUTHORITY

Article 7
For the purposes of this Convention, each State Party shall designate a central authority to ensure fulfillment of the obligations established under this Convention and shall inform the General Secretariat of the Organization of American States of that designation.

Specifically the Central Authority shall assist the applicant and competent authorities of the respective States in locating and returning the child. It shall also facilitate the prompt return and delivery of the child to the applicant and assist the parties in obtaining the necessary documents for proceedings under this Convention.

The Central Authorities of the States Parties shall cooperate with one another and exchange information on the operation of the Convention in order to secure the prompt return of children and to achieve the other purposes of this Convention.

RETURN PROCEEDINGS

Article 8

A party seeking a child's return may file an application or petition with the competent authorities in accordance with

Article 6:

1. By a letter rogatory;
2. By filing a request with a central authority; or
3. Directly, or through diplomatic or consular channels.

Article 9

1. The application or petition referred to in Article 8 shall contain:
   
   a. An account of the removal or retention and sufficient in formation to identify the applicant, the removed or retained child and, where possible, the person alleged to have removed or retained the child;
   b. Information on the presumed location of the child and on the circumstances and dates of the removal to a foreign country or of the expiration of the authorized length of stay; and
   c. The legal grounds for the child's return.
2. The application or petition shall be accompanied by:
   
   1. A full and certified copy of a judicial or administrative opinion, if any, or of a determination on which the request is based; concise evidence of the existing situation or, if appropriate, a statement of the pertinent applicable law;
   2. Certified documents establishing the standing of the applicant;
   3. Certification of or information on the applicable law of the State of the chiId's habitual residence issued by the Central Authority of, or by any other competent source in, that State;
   4. Where necessary, translations into the official language of the requested State of all documents referred to in this article; and
   5. A statement of the measures required to effect the return of the child.
   
   
3. A competent authority may dispense with any of the requirements or the ore sent at ion of documents called for by this article if, in its opinion, the child's return is justified.
4. Letters rogatory or requests, and the documents attached thereto, shall not require certification if they are transmitted through diplomatic or consular channels or through the Central Authority.

Article 10
The requested court, Central Authority, or other competent authorities of the State where the child is found shall, where appropriate, take all measures conducive to the voluntary return of the chide.

Should a voluntary return not take place, the judicial, or administrative authorities, after verifying compliance with Article 9, shall forthwith meet with the child and take such measures to provide for its temporary custody or care as the circumstances may dictate, and shall, where appropriate, immediately order its return. Further, the agency charged by domestic law with protecting the child's welfare shall be notified.

In addition, while the application for return is pending, the competent authorities shall take the necessary steps to prevent the child from leaving their jurisdiction.

Article 11
A judicial or administrative authority of the requested State is not required to order the child's return if the party raising objections to the return establishes that:

1. The party seeking the child's return was not actually exercising its rights at the time of the removal or retention, or had consented to or subsequently acquiesced in such removal or retention; or
2. There is a grave risk that the child' s return would expose the child to physical or psychological danger.

The requested authority may also refuse to order the child's return if it finds that the child is opposed to it and if, in the judgment of the requested authority, the child's age and maturity warrant taking its views into account.

Article 12
The objections mentioned in Article 11 shall be raised within a period of eight working days from the time the authorities meet with the child and brine such period to the attention of the person retaining the child.

The judicial or administrative authorities shall assess the circumstances and the evidence furnished by the opposing party to support its objections to the child's return, shall ascertain the applicable law and judicial or administrative precedents of the State of the child's habitual residence, and, if necessary, shall request assistance from Central Authorities, diplomatic agents or consular officers of the States Parties.

The judicial or administrative authority shall issue its decision within sixty calendar days after receipt of the objection.

Article 13
If within forty-five calendar days after the requesting authority has received notice of a decision to return the child, the steps necessary for the child's return have not been taken, the return order shall become inoperative and any measures taken shall be lifted.

Costs of the return shall be borne by the claimant; should the claimant lack the means, the authorities of a requesting State may defray the costs, which may be recovered from the person responsible for the wrongful removal or retention.

Article 14
Proceedings under this Convention shall be commenced within one calendar year of the wrongful removal or retention.
As to children whose location is unknown, the period shall run from the time they are located.

Nevertheless, expiration of the one-year period shall not bar the child's return if, in the opinion of the requested authority, the circumstances so warrant, unless it is demonstrated that the child is settled in its new environment.

Article 15
The fact of a child's return shall not prejudge the ultimate custody decision.

Article 16
After receiving notice of a child's wrongful removal or retention as defined in Article 4, the judicial or administrative authorities of the State Party to which the child has been removed or where it is retained shall refrain from deciding on the merits of custody claims until it is determined either that the child is not to be returned under this Convention or that no request pursuant to this Convention has been lodged within a reasonable time following receipt of such notice.

Article 17
The foregoing provisions shall not limit the power of a judicial or administrative authority to order the child's return at any time.

LOCATING MINORS

Article 18
Any person mentioned in Article 5 may directly, through the Central Authority, or through the judicial or administrative authorities of one State Party request the competent authorities of another State Party to locate children whose habitual residence is in the State of the requesting authority and who are thought to be wrongfully in the requested State.

The request shall be accompanied by any information supplied by the person making the request or gathered by the requesting authority relevant to the locating of the child and the identity of the person with whom the child is presumed to be.

Article 19
The Central Authority or judicial or administrative authorities of one State Party which, upon learning from a request pursuant to Article 18 that a child wrongfully outside its habitual residence is located within their jurisdiction, shall immediately take all appropriate measures to safeguard its health and prevent its concealment or removal to another jurisdiction.

The location of the child shall be reported to the authorities of the requesting State.

Article 20
The measures adopted pursuant to Article 19 may be lifted if the child's return is not requested within sixty calendar days after the authorities of the requesting State have been informed of the location of the child.

A lifting of such measures shall not preclude exercise of the right to request the child's return in accordance with the procedures and time limits specified in this Convention.

VISITATION RIGHTS

Article 21
Any person with visitation rights may, pursuant to Article 6, address a request for their enforcement to the competent authorities of any State Party. The same procedures shall be followed as chose governing a request for a child's return under this Convention.

GENERAL PROVISIONS

Article 22
Letters rogatory and requests for the return or the locating of children may be transmitted, as appropriate, to the requested authority by the parties themselves, or through judicial, diplomatic, or consular channels, or through the Central Authority of the requesting or the requested State.

Article 23
The processing of letters rogatory or requests under this Convention and the measures arising therefrom shall be free of charge and exempt from any tax, deposit or bond, however named.

The parties initiating a letter rogatory or request that have appointed a person to represent them in the requested forum shall bear any expenses incurred in connection with such representation.

Nevertheless, upon ordering a child's return under this Convention, the competent authorities may, where appropriate, direct the person who wrongfully removed or retained the child to pay the necessary expenses incurred by the applicant, chose incurred in locating the minor, and the costs of return.

Article 24
The arrangements and measures necessary to give effect to letters rogatory shall not require the intervention of the petitioner, and shall be implemented directly by the requested authority. This procedure, however, shall not bar any party from intervening either personally or through a duly appointed representative.

Article 25
A child's return under this Convention may be refused where it would be manifestly in violation of the fundamental principles of the requested State recognized by universal and regional instruments on human rights or on the rights of children.

Article 26
This Convention shall not bar the competent authorities from ordering the child's immediate return when its removal or retention is a criminal offense.

Article 27
As a Specialized Organization of the Organization of American States, the Inter-American Children's Institute shall be responsible for coordinating the activities of the Central Authorities within the scope of the Convention and for receiving and evaluating information from the States Parties in respect of application of the Convention.

It shall also be responsible for cooperating with other international organizations competent in the matter.

FINAL PROVISIONS

Article 28
This Convention shall be open for signature by the Member States of the Organization of American States.

Article 29
This Convention is subject to rat if teat ion. The instruments of ratification shall be deposited with the General Secretariat of the Organization of American States.

Article 30
This Convention shall remain open for accession by any other State. The instruments of accession shall be deposited with the General Secretariat of the Organization of American States.

Article 31
Each State may, at the time of signature, ratification or accession, make reservations to this Convention, provided that each reservation concerns one or more specific provisions and is not incompatible with the purposes and objectives of this Convention.

Article 32
If a State has two or more territorial units in which different systems of law apply in relation to the matters dealt with in this Convention, it may, at the time of signature, ratification or accession, declare that this Convention shall extend to all its territorial units or to only one or more of them.

Such declaration may be modified by subsequent declarations, which shall expressly indicate the territorial unit or units to which the Convention applies. Such subsequent declarations shall be transmitted to the General Secretariat of the Organization of American States, and shall become effective thirty days after the date of their receipt.

Article 33
In the case of a State that, with respect to the custody of children, has two or more systems of law applicable in different territorial units:

1. Any reference to the habitual residence in that State refers to habitual residence in a territorial unit of that State;
2. Any reference to the law of the State of habitual residence refers to the law of the territorial unit in which the child has its habitual residence.

Article 34
Among the Member States of the Organization of American States that are parties to this Convention and to the Hague Convention of October 25, 1980 on the civil aspects of international child abduction, this Convention shall prevail.
However, States Parties may enter into bilateral agreements to give priority to the application of the Hague Convention.

Article 35
This Convention shall limit neither the provisions of existing or future bilateral or multilateral conventions on this subject entered into by the States Parties, nor the more favorable practices that those States may observe in this area.

Article 36
This Convention shall enter into force on the thirtieth day following the date of deposit of the second instrument of ratification.

For each State ratifying; or acceding to the Convention after the deposit of the second instrument of ratification, the Convention shall enter into force on the thirtieth day after deposit by such State of its instrument of ratification or accession.

Article 37
This Convention shall remain in force indefinitely, but any of the States Parties may denounce it. The instrument of denunciation shall be deposited with the General Secretariat of the Organization of American States. After one year from the date of deposit of the instrument of denunciation, the Convention shall no longer be in force for the denouncing State, but shall remain in force for the other States Parties.

Article 38
The original instrument of this Convention, the English, French, Portuguese and Spanish texts of which are equally authentic, shall be deposited with the General Secretariat of the Organization of American States, which shall forward an authenticated copy of its text to the Secretariat of the United Nations for registration and publication in accordance with Article 102 of its Charter. The General Secretariat of the Organization of American States shall notify the Member States of that Organization and the States that have acceded to the Convention of the signatures, deposits of instruments of ratification, accession and denunciation, as well as of reservations, if any. It shall also transmit the declarations provided for in the pertinent articles of this Convention.

IN WITNESS WHEREOF, the undersigned Plenipotentiaries, being duly authorized thereto by their respective Governments, have signed this Convention.

DONE AT MONTEVIDEO. EASTERN REPUBLIC OF URUGUAY, this fifteenth day of July, one thousand nine hundred and eighty-nine.

[Signatories and Ratifications]

http://www.oas.org/juridico/english/treaties/b-53.html

Secretary Kirstjen Nielsen Statement on Border Emergency

U.S. Department of Homeland Security sent this bulletin at 03/29/2019 03:42 PM EDT

U.S. DEPARTMENT OF HOMELAND SECURITY


Office of Public Affairs


FOR IMMEDIATE RELEASE
March 29, 2019


Secretary Kirstjen Nielsen Statement on Border Emergency


WASHINGTON, D.C. - Secretary of Homeland Security Kirstjen M. Nielsen made the following statement today on the situation at the U.S. southern border and how the Department of Homeland Security (DHS) is responding:


“Today I report to the American people that we face a cascading crisis at our southern border. The system is in freefall. DHS is doing everything possible to respond to a growing humanitarian catastrophe while also securing our borders, but we have reached peak capacity and are now forced to pull from other missions to respond to the emergency.”


“Let me be clear: the volume of ‘vulnerable populations’ arriving is without precedent. This makes it far more difficult to care for them and to prioritize individuals legitimately fleeing persecution. In the past, the majority of migration flows were single adults who could move through our immigration system quickly and be returned to their home countries if they had no legal right to stay. Now we are seeing a flood of families and unaccompanied children, who—because of outdated laws and misguided court decisions—cannot receive efficient adjudication and, in most cases, will never be removed from the United States even if they are here unlawfully. The result is a massive ‘pull factor’ to our country.”


“My gravest concern is for children. They are arriving sicker than ever before and are exploited along the treacherous trek. Smugglers and traffickers know that our laws make it easier to enter and stay if you show up as a family. So they are using children as a ‘free ticket’ into America, and have in some cases even used kids multiple times—recycling them—to help more aliens get into the United States. Our border stations were not designed to hold young people for extended periods, yet this influx has forced thousands of them into facilities that are getting crowded and overwhelmed. This goes well beyond politics. We must come together to find a way to tackle the crisis and reduce the flows so children are not put at risk. Any system that encourages a parent to send their child alone on this terrible journey—where they are exploited, pawned, and recycled—is completely broken.”


“Moreover, our agents and officers at the border cannot fulfill their critical national security responsibilities while also attending to the influx of vulnerable populations. That is why, effective immediately, I am redirecting additional personnel and resources from across the Department to assist with the response, I have put out a call Department-wide for volunteers to provide support to our frontline agencies, and I am appealing to interagency partners for further assistance. But it will not be enough, so this week I notified Congress that DHS will need emergency legislative action to restore order, achieve operational control of our border, and ensure we can fulfill our humanitarian responsibilities effectively.”


“Make no mistake: Americans may feel effects from this emergency. As personnel are reallocated to join the crisis-response effort, there may be commercial delays, higher vehicle wait times at the border, and longer pedestrian lines. Despite these impacts, we cannot shirk our responsibility to the American people to do everything possible to secure our country while also upholding our humanitarian values.”


Secretary Nielsen sent a letter yesterday to Congress highlighting the severity of the crisis, especially the danger posed to children by the journey to U.S. borders and the realities of a system reaching peak capacity. This week, after many months of diplomatic negotiations, Secretary Nielsen signed a historic regional compact this week with representatives of the Northern Triangle—El Salvador, Guatemala, and Honduras—to confront the crisis at the source. The countries agreed to work with the United States to combat human smuggling and trafficking, crack down on transnational criminals fueling the crisis, and strengthen border security to prevent irregular migration. The Secretary also met with senior officials from the Government of Mexico to discuss ways to quickly address the crisis and stem historic migration flows through Mexican territory, while ensuring all individuals legitimately fleeing persecution receive appropriate humanitarian protection.

https://content.govdelivery.com/acco...letins/23a8a78

SEND THEM BACK WITHIN 48 HOURS!

THEY ARE NOT OUR RESPONSIBILITY!

SEND THOSE FAMILIES AND UAC'S BACK TO THEIR PRESIDENT TO PAY FOR!

THEY ARE NOT OUR "HUMANTARIAN" PROBLEM...STOP USING THAT WORD!

THIS IS AN ALL OUT INVASION AND WE WANT THEM DEPORTED!

NOT ONE DIME FOR BEDS, FOOD, MEDICAL CARE OR TRANSPORATION! WE ARE NOT THEIR TRAVEL AGENT!

NOT THE BABY DADDY

SEND THEM BACK TO DADDY TO CARE FOR AND FOOT THE BILL