THE DEPORTATION DILEMMA:

REUNITING IMMIGRANT FAMILIES

Beryl Flom, League of Women Voters of San Diego, September 2015

The April 27, 2015 issue of The New Yorker magazine had an article titled "Where Are the Children?" by Sarah Stillman.  She described the struggle of a family from Guatemala City in reuniting in Trenton, NJ.  The parents first immigrated to the U.S. in the mid-nineties to find better jobs so they could pay for their children's education.  Alfredo had a relative in Trenton who helped him get construction work, but Melida could only find minimum wage jobs.  They sent money home to the grandparents who were raising the four kids and paid for a new house for the family.  The two daughters made it into the U.S., but the two young teen-aged boys were still in Guatemala.  Gang rivalries were increasing and homicides were six times the global average.  The boys watched four kids gunned down one day on their way home from school.  Melida's father was brutally robbed at gunpoint. 

The parents finally decided to bring the boys to Trenton so they hired a network of recommended coyotes (smugglers) and paid them $4,000.  The parents were able to track them by cell phone as they journeyed toward the Rio Grande into Texas, but they lost contact with them at the border.  Finally, they received a series of phone calls demanding first $2,000 to pay for their food and care and then $5,000 to be sent immediately or the boys could be in serious trouble.  They had been picked up by a woman near the border in Texas and taken to a "stash house" in Rio Grande.  Alfredo and Melida wired $2,000 that they collected from friends and relatives, but they finally went to their pastor who took them to meet with the police in Trenton; the police contacted Homeland Security in NJ who then contacted a special stash investigative team for Homeland Security in the Rio Grande Valley.  Within an hour, the boys had been located by a search party.  The officers asked the woman running the house with her son to drive all the children to a parking lot and they were transferred to "hieleras" or iceboxes used by the Border Patrol to hold unaccompanied minors.  They went from living in a home with food, a couch to sleep on and TV to living in a frigid cell lying on a concrete floor and frozen bologna sandwiches for food.  U.S. Customs and Border Patrol is only allowed by law to hold children in the hieleras for 72 hours, but these two boys were there for ten days.  Children are supposed to be transferred to the Health and Human Services' Office of Refugee Resettlement who puts them into shelters and seeks to reunite them with their families until they have a court hearing.  (Last June, five immigrants' rights groups across the country sued Customs and Border Patrol for child mistreatment including sexual assault, inadequate food and water, and harsh conditions.) 

Finally, after three weeks in custody, the boys were flown to Trenton to reunite with their family.  They bought clothes and went to school, learned English and sports, and settled into their new life.  Three months later, one was summoned to deportation court, so the parents hired an attorney because success of avoiding deportation is much higher with legal representation.  There is no free legal counsel in deportation court.  Luckily for him, he was given more time to develop his case and, meanwhile in November 2014, President Obama issued an order that undocumented families could stay together in the U.S. (In February, 2015, the judge issued a preliminary injunction against the President's plan; the Obama Administration has appealed that decision, but it is still in proceedings.)

As thousands of unaccompanied children and mothers with children from the Northern Triangle (El Salvador - 33,000, Guatemala - 79,000, and Honduras - 69,000)  and Mexico decided to leave the dangers at home and immigrate into the United States, the U.S. government has developed a policy of working with NGO's, providing funds, and advertising fiercely that there are many obstacles along the way and they will probably be deported.  In addition, the Mexican government is now deporting them when they arrive there at a much greater rate than even the U.S. is doing.  The trend has been for a larger number of younger children and girls to be coming into the U.S., but now the numbers have slowed down significantly.  According to the Migration Policy Institute who interviewed many children in the U.S., 25% said they had insufficient information for seeking asylum and did not have full hearings, as required by law.  They also found that the majority (57-66%) of adults and teens from these three Central American countries do not have a criminal background.  Only 9-15% of the adults had committed violent crimes.  As you listen to the news and politicians making news, be informed so you can evaluate their statements.

One question is why so many people want to flee their own country.  Popular opinion is the demand for drugs in the U.S. and the ensuing drug wars are the cause of terror in Central America, but actually it is much more complicated.  Reasons given are:

·       high levels of social inequality and unemployment

·       corruption in government, law enforcement,  military and business - even death squads

·       civil wars and armed conflicts

·       gangs and gang violence sometimes caused by gang members being deported from the U.S. and the southward flow of arms especially through Florida

·       rapid growth of large cities and metropolitan areas without basic social services and community organizations in some areas

·       organized crime

·       poor public education systems, and

·       alcohol abuse, especially among youth

Ruben Torres from the United Methodist Church in Escondido said he came here illegally in the '70's to escape a revolution and civil war in El Salvador.  80,000 others came to Los Angeles at that time and formed gangs to survive because they were not accepted in the U.S. partly because they were not Mexicans.  These gang members transported their problems back to El Salvador when they were deported and continued their violent lives.  Honduras has the highest crime rate in the world.  Drug lords dispense jobs and humanitarian assistance, but also intimidate most everyone and corrupt local officials.  Even the press is intimidated or bought off.  If a drug dealer gets arrested, the community loses their jobs.  In 2012, the El Salvadoran government negotiated a gang truce and crime has decreased by 40%.  The President of Honduras said in 2014 that the drug war operations by the U.S. and Columbia pushed drug traffickers into the Northern Triangle.  Mexico has now started a war on drugs after the police killed 43 student teachers and others in central Mexico.

Similar situations are found around the world.  The mass migration of refugees into Europe's open borders is overwhelming.  The dilemma of protecting jobs and standard of living has to be balanced against inhumane conditions in some third world countries.  Drugs are not the answer to improving the economies of poor countries.  The U.S. and some companies are beginning to fund projects to provide work for these people.  Decreasing corruption and increasing transparency is also necessary.  We must take some responsibility for the chaos caused by the drug cartels and help the innocent escape the violence and corruption in their home countries.

"THE DEPORTATION DILEMMA: RECONCILING TOUGH AND HUMANE ENFORCEMENT"

Summary of Research done by Marc R. Rosenblum and Doris Meissner with Claire Bergeron and Faye Hipsman at the Migration Policy Institute (www.migrationpolicy.org), 2014

Beryl Flom, League of Women Voters of San Diego

A couple of copies of this report were handed to LWV of San Diego members by the Consulate General to Tijuana.  Since most of the participants have not read it, I am presenting a summary of it. 

The authors quote some estimated statistics regarding unauthorized immigrants:

·       86% had been in the U.S. for six years or more (2011)

·       46% are parents of minor, mostly U.S.-citizen children

·       23% of removals were parents of American citizen children

·       95% had another relative in the U.S. (2013)

·       74% are in the U.S. labor force

·       over 1 million young people are eligible for DACA

They found that the Customs and Border Patrol (CBP) operate quite differently close to the Mexican border as opposed to inland United States.  Along the border, undocumented people crossing into the U.S. are often deported or accused of a crime.  In the interior of the U.S., there is more flexibility and use of other resources for people who are undocumented.  (The handout at the Deportation Dilemma tour on May 14, 2015 titled "U.S. Immigration and Customs Enforcement", June 17, 2011for ICE lists circumstances for deportation discretion; it must apply to the interior U.S.)

Many more decisions about deportation are now being handled by Immigration and Customs Enforcement (ICE) as administrative removals because there is not nearly enough funding for the judicial system.  CBP and ICE budgets have increased by 300% from 2002-2013 but the Executive Office of Immigration Review (EOIR) has only increased by 70% in the same time period.  Previously, an immigration judge held a formal hearing for people being considered for deportation.  There is also an increase in relatively minor criminal charges (mainly illegal entry and reentry)  and a shift from repeated entries being considered a civil offense to now being a criminal offense.  Nonimmigration crimes have remained at about 7%.  Removal hearings are consider civil cases, so the accused is not given legal counsel.  A study done in 2014 figured that the average time for a case to be heard was 577 days.  The backlog of immigration cases in the courts rose from 166,061 in 2002 to 363,239 in 2014.

The crackdown on people who are undocumented was started in 2005 and was aimed at discouraging people from trying to cross into the U.S. illegally.  Fewer people are offered voluntary return and more are incarcerated partly so they will show up for hearings.  The U.S. deported about 400,000 people in 2012.  The result of this hard-nosed policy now is that there is a significant drop in apprehensions at the border and more deportations.

One result of the Patriot Act after 9/11 was the interchange of information between various levels of law enforcement.  Through a program called Secure Communities, local police are required to send their fingerprints to the FBI and to ICE.  Undocumented people can be identified if their fingerprint is on file with ICE.  (Recently, the issue of Sanctuary Cities was in the news after the shooting of a girl in San Francisco by an undocumented person.  Sanctuary Cities have chosen not to report undocumented people to ICE.)

Some proposals to make more humane enforcement:

·       certain minor offenses could be removed from the list of crimes for illegal immigrants; criminals pose a risk to public safety and national security

·       return to the practice of having judges prosecute all removals; more funds to EOIR; more consistency through the nation

·       CBP should develop guidelines for discretion at the border (ICE has them)

·       Extend Deferred Action for Childhood Arrivals (DACA) or children brought to the U.S. as minors who have completed high school, are in college or working) to allow them to stay in the U.S. rather than deporting them.  The Courts have put a hold on processing DACA applications, but over 600,000 cases were approved.

 

DEPORTATION DILEMMA: DAPA AND DACA

DEPORTATION DILEMMA: DAPA AND DACA

In 2012, President Obama issued two executive orders on immigration policy to keep families together and in the U.S. if some are American citizens and some are not.  The Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) allows parents of U.S. citizens or lawful permanent residents to not be deported and to obtain a temporary two-year work permit.  Qualifications include:

·       they must have lived continuously in the U.S. since January 1, 2010

·       they cannot be convicted of certain criminal offenses including misdemeanors

The application fee is $465.

The second order called Deferred Action for Childhood Arrivals (DACA) is aimed at preventing older children who are in the U.S. illegally from being deported.  The rules for the original mandate include:

·       they must have entered the U.S. before their 16th birthday and before June 2007

·       they must be under 31 years old

·       they must have completed high school or received a GED, be honorably discharged from the U.S. military service, or be in school

·       they cannot have committed a felony or serious misdemeanor

·       they must have lived continuously in the U.S.

 Then last November 2014, Obama eliminated the age restriction and expanded the arrival date into the U.S. to before 2010.  This is called Expanded DACA.  People who qualify get a two-year renewable work permit and are exempt from deportation.  On February 16, 2015, the Federal Court in Texas put a temporary hold on Obama's order for Expanded DACA.  The original DACA still holds, but those eligible for Expanded DACA have to wait until the court makes its decision.

(ICE and Border Patrol sometimes use misdemeanors to deport people here illegally.  Misdemeanors are defined for DACA and DAPA as domestic violence, sexual abuse or exploitation, burglary, unlawful possession of firearms, drug trafficking, DUI or some offense that keeps a person in custody for 90 days or more.)

 The San Diego Immigrant Rights Consortium which is an arm of Alliance San Diego has been working to get city councils to adopt a resolution similar to that presented to the city of Lemon Grove in support of DAPA and Extended DACA.  Leaguers could also do this  to help expedite the 5th Circuit Court of Appeals into a decision. 

WHEREAS, the City of Lemon Grove supports of a reasonable and comprehensive approach to reforming the currently broken immigration system that is in the best interest of the country; and

WHEREAS, immigration reform is an urgent federal responsibility, and must occur in a comprehensive, thoughtful manner guided by our nation's values of due process and civil and human rights; and

WHEREAS, civil and human rights are deeply rooted in the fabric of democratic and principled societies, and must be instilled in all elements of our enforcement apparatus to ensure every individual's dignity and humanity is upheld, recognized and respected; and

WHEREAS, the City of Lemon Grove recognizes that immigration reform must protect the rights of all families to stay together, regardless of immigration status, family structure, sexual orientation, gender identity, and to include same-sex couples, and provide sufficient family-based channels for migration in the future; and

WHEREAS, the City of Lemon Grove is a diverse city with immigrants and refugees from many parts of the world who work, own homes, operate businesses and contribute to the economic, social, and cultural well-being of the City; and

WHEREAS, it is not practical to deport the 11 million undocumented immigrants living within our borders, and that immigration laws should provide for a reasonable pathway to citizenship, especially for young children who unknowingly enter the United States without proper documentation and have grown up here; and

WHEREAS, a pathway to citizenship should not be conditioned upon shortsighted border enforcement strategies that add extra obstacles and burdens to full reform; and

WHEREAS, the President of the United States has issued two executive actions to provide temporary relief to those who are living in this country in an undocumented status, the extension Deferred Action of Childhood Arrivals (DACA) and the Deferred Action of Parents of Americans and Lawful Permanent Residents (DAPA). These actions would help up to 97,000 individuals in San Diego County alone while Congress works to pass something more permanent.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Lemon Grove, California, supports the extension Deferred Action of Childhood Arrivals (DACA) and the Deferred Action of Parents of Americans and Lawful Permanent Residents (DAPA).

 

Beryl Flom

League of Women Voters of San Diego

edflom@sbcglobal.net

 

 

LWV - THE DEPORTATION DILEMMA TOUR TO TIJUANA SUMMARY

Members of the LWV of CA and a few friends spent the day learning about issues related to immigration law and the compromised rights of those who try to escape terror and poverty in Mexico to live a better life in the U.S.  Jesse Imbriano, Esq.  described the work of attorneys at Casa Cornelia Law Center (www.casacornelia.org).  They are meeting with all the children and families that cross the border and defend many of them.  People who are not represented by an attorney rarely succeed in their asylum request in court.  The courts are overwhelmed with work and do not have enough staff or space to handle the huge increase in people being deported.

The agents from the U.S. Customs and Border Patrol (www.cbp.gov) spoke on the buses as the group drove from downtown San Diego to the border with Mexico.  They gave the history of the Border Patrol's mission to protect our border from undocumented people entering the U.S.  The Tijuana border is the busiest in the world and is now triple-fenced.  Many tunnels have been found - some are very sophisticated with railroad tracks, air, lights, etc.  They also patrol the sea near the border.  The number of Border Patrol agents has increased rapidly in recent years.  In spite of all of this protection, many people cross the border illegally.

After applying for visas and crossing the border, the buses continued along the border fence and the edge of Tijuana to Friendship Park, located at the border and the Pacific Ocean.  Everard Meade, Director of the Trans-Border Institute at University of San Diego (http://www.sandiego.edu/peacestudies/tbi/); Hector Barajas from the Bunker working with deported vets;  and Enrique Morales, Founder of Border Angels (http://www.borderangels.com/) explained that this park is used to bring families with members on both sides of the border together for worship on Sundays.  Occasionally, the Border Patrol opens a fence so that family members can touch each other and talk; this just occurred on Children's Day at the end of April.  They each also spoke about their group.  Border Angels works on immigrant rights and also provides water and supplies to people crossing the border through the desert.  The Deported Vets get service at the Bunker; these are people who have served in the U.S. armed forces as aliens as an expedited path to citizenship.  Upon discharge, they committed some type of crime, often relatively minor, before they got their citizenship papers and were then deported.

At the El Colegio de la Frontera Norte/COLEF University (www.colef.net), the group heard a power point presentation by Dr. Alejandra Castaneda on the effect of deportation on families.  More people are being deported because the local police now work with Border Patrol to identify undocumented people.  Families are being split up and American born children of undocumented parents are being deported to Mexico where they don't speak the language and have a lower quality of education.  Another complication is that these children may not get services in Mexico because they don't have their Mexican paperwork.  Later, we learned that the American Consulate helps them get these documents.  A lively discussion ensued, books were handed out to each participant, and we enjoyed coffee and cookies. 

We drove on to the American Consulate (http://www.tijuanausconsulate.gov/ )overlooking Tijuana, cleared security and met in a crowded room instead of outside because of possible rain.   There was a wonderful taco lunch buffet served to the group.  The Consulate General, Andrew Erickson, and some staff members greeted the group.  Several people spoke including Carlos Mora from the Baja California State Council on Migration and Jorge Oros from The Call Center which employs people who have been deported and are bilingual.  Tijuana is the most active border crossing in the world with 125 million people per year.  336,000 are deported from the U.S. to Mexico and 96,000 to Tijuana.  Stephanie Moniot, Vice Consul, described her work with children living in Tijuana who have been deported.  Andrew Erickson described the work of the Consulate which largely has to do with visas and documentation papers.  Sally Carrillo from the U.S. Customs and Border Protection assured the group that crossing the border should not take more than twenty minutes due to the increased number of lanes.  Upon leaving the heavily armed, fortress-looking Consulate, there was a demonstration by the DREAMERS Moms who are working to reunite their families.  (Although invited to join the tour for lunch, the Consulate would not allow people who have been deported and thus are regarded as criminals to enter this American government facility). 

The last stop was at Casa del Migrante with a slide presentation by the Director and Founder, Father Pat Murphy.  This Catholic shelter for deported men provides many services including housing, food, counseling, spiritual support, basic medical care, help with employment, and transition services as these men either move back into Tijuana or try to cross back into the U.S. again.  Many of them do not speak Spanish because they have lived in the U.S. for an extensive time.  One of their clients also told the group about how difficult the transition was; he is now working at the Call Center.  Many questions followed in the discussion.

Crossing the border in San Ysidro was much quicker than usual, maybe because it was raining.  The group on the tour was invigorated and anxious to keep learning about the deportation dilemma.  They were given packets with many articles to read to reinforce the tour's encounters and experiences.  Some comments emailed later: "The border tour...was very well organized and we learned an awful lot."  The tour was so impactful, from the starting orientation to each of the well arranged visits."  If the tour ended at Friendship Park, it was worth the trip.