Thread: US looking for way to deport unaccompanied migrant children despite law against it

US looking for way to deport unaccompanied migrant children despite law against it: McAleenan

by Anna Giaritelli
| June 09, 2019 01:58 PM




Acting Homeland Security Secretary Kevin McAleenan said Sunday that the Trump administration is looking for a way to immediately "repatriate" all children who have arrived without a parent or guardian at the U.S.-Mexico border.

"We want to be able to repatriate unaccompanied children, just like we do Mexico and Canada, even if they're from Central America or further away," McAleenan told "Fox News Sunday" host Chris Wallace.

Approximately 56,000 unaccompanied children arrived at the southern border between October and May. In 2014, when a record-high number of children arrived at the border, Customs and Border Protection took custody of around 68,000.

Under the Trafficking Victims Protection Reauthorization Act of 2008, the Department of Homeland Security cannot immediately return any individual 17 years old or younger who illegally crosses into the United States or arrives at a port of entry. These children travel with larger groups, including caravans and smugglers, not by themselves.

The law was revised more than a decade ago to protect children who may have been trafficked against his or her will to the U.S. The law excludes Canada and Mexico, which is what McAleenan wants changed to include all countries. It's not clear what protections would still stand for children who are trafficked against their will.

The top DHS official did not go into detail on how the department would carry out the plan or whether Defense Department planes could be nabbed to carry out the operation.

McAleenan said the U.S. government is looking for a way for minors to apply in their home countries for asylum.

He also said the administration is working on a way to circumvent a 2015 court ruling that mandates any child, or adult arriving with a child, not be held by Immigration and Customs Enforcement more than 20 days.

"We're not able to detain families through an immigration proceeding. We have to release them within 20 days by a court order. That needs to change. Families can be held together in an appropriate setting for a fair and transparent hearing. And then they can be repatriated if they don't have an asylum claim," said McAleenan.

During the 2014 unaccompanied minor surge, the Obama administration was legally allowed to hold families over 20 days because the court ruling had not gone into effect. At the time, DHS moved to process and hear asylum claims within 45 days while migrants were held that duration of time without being released into the U.S.

https://www.washingtonexaminer.com/n...t-it-mcaleenan

More than 10,000 asylum seekers returned under "Remain in Mexico"

The law supplements the "Trafficking Victims Protection Reauthorization Act of 2005", which amended the "Trafficking Victims Protection Act of 2000".

The aim of these laws is to prevent people from becoming victims of human trafficking and to protect women and children who are often the targets of human traffickers.

2008 Trafficking Law Largely Inapplicable to Current Border Crisis ...
https://cis.org/2008-Trafficking-Law...-Border-Crisis

Trump administration moves to release migrant children faster from U.S. custody