As a follow up to my call last week and an email on the same subject, Rep. Mike Kelly sent this email to me answering whether or not there is a law requiring the separation of children from asylum seeking families. See this post for my answer from his staff.
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June 15, 2018 Dear Mr. Throckmorton, Thank you for contacting me with your concerns regarding President Trump’s zero-tolerance policy for criminal illegal entry into the United States. I greatly appreciate that you have taken the time to contact me on this important issue. In April of 2017, Attorney General Jeff Sessions issued a memorandum for all federal prosecutors with instructions to follow when prosecuting cases related to illegal immigration. Congress has already codified many of these actions, which have been sporadically applied over the years. This includes prioritizing cases involving the unlawful transportation or harboring of aliens, especially when the individual was illegally brought into the United States to facilitate future criminal activities. The memo also directs prosecutors to pursue cases involving entry into the country by individuals who have already been convicted for illegal entry in the past, especially when the defendant has a criminal history, gang affiliation, or other aggravating circumstances. Since 1997, it has been U.S. policy to release undocumented immigrant children rather than hold them in federal custody while their cases are considered. Children are released first to their parents if possible, to other adult relatives if not, and to licensed programs if no relatives are available. This policy was confirmed in 2015 by the U.S. Court of Appeals for the Ninth Circuit, which clarified the requirement for the federal government to quickly release undocumented children, regardless of whether they were apprehended at the border alone or with family members, and even if their parents are facing criminal proceedings. Under the Administration’s memorandum, immigrants who are prosecuted for crossing the border illegally will be able to apply for asylum, but may be detained while their cases are considered. If granted asylum, any conviction for illegally entering the country is vacated. Families who do not illegally enter the country and instead use the legal process of requesting asylum at ports of entry are kept together while their request is processed. The United States has the world’s most generous immigration system – one which attracts individuals and families from around the globe seeking security and their own experiences of the American Dream. While we should continue to draw on this spirit of acceptance and understanding, this cannot come at the cost of violating the U.S. rule of law. Children should not be subject to detention in federal custody, but failure to prosecute crimes related to illegal entry only encourages further criminal activity, endangering the lives of immigrants and U.S. citizens alike. A recent report by the Department of Homeland Security showed a 315% increase in illegal aliens fraudulently using children to pose as family units to gain entry into the country in the past two years. These individuals have attempted to take advantage of previous leniency to commit horrendous crimes like human trafficking. It is critical that the United States maintains the rule of law and discourages future criminal activity while maintaining our status as a welcoming nation for unjustly persecuted persons and those in countries of conflict. Rest assured, I will continue to monitor this situation and will keep your thoughts in mind should any relevant legislation come before me for a vote. Again, thank you for sharing your thoughts on this important issue. Please do not hesitate to contact me or my staff if I can be of assistance in the future. It is an honor and a privilege to represent Western Pennsylvania in the United States Congress. If you would like to hear more from me on this issue and others, please subscribe to my newsletter at www.kelly.house.gov. Sincerely,
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I continue to look into the specifics of this tragedy. A briefing by the Dept. of Homeland Security on Friday revealed that nearly 2,000 children had been removed from their parents, some of which were from asylum seeking parents.
I followed up with a specific question asking about a law (there isn’t one) and whether or not he might be mistaken about asylum seeking families being separated. According to news reports, such families are experiencing separation no matter where they present themselves. I intend to keep an open mind, however, because there are so many conflicting reports.
“This includes prioritizing cases involving the unlawful transportation or harboring of aliens, especially when the individual was illegally brought into the United States to facilitate future criminal activities.”
Oh, so we can punish people now for things they might do in the future?
Well, Mike Kelly’s answer to you, Dr. Throckmorton, was a bucket of warm syrup, and essentially meaningless. He will “monitor this situation”, while doing nothing to stop it, like so many other Republican members of Congress. Meanwhile, the kidnapping and incarceration of immigrant children continues.
You were expecting a direct, honest answer from a politician? clearly you aren’t American 🙂
Not one of that stripe, anyway, and I wouldn’t hold out much hope for a completely honest answer from one on either side of the aisle.
It was more than that. It’s pretty clear he believes it’s an unfortunate but unavoidable consequence of necessary action to secure the border. As long as he continues to believe that, he will do nothing about it.
I see where Pro-Slavery, heavily invested in for profit prison AG Sessions said that he doesn’t “wish” to incarcerate children and if we had a wall, he wouldn’t have to. The other shoe drops: Hey Mexico. We’ve got 60,000 of your children are you gonna pay for the wall now?”
Actually, I think that many of the people are from unstable areas in Central America and had to cross Mexico to get to our border.
Of course Hispanic/Indigenous American people from Christian countries to the south aren’t the only unwelcomed immigrants trying to enter the country. I wonder what’s going on with them.
I’m aware that they’re not all Mexican. It’s really President Trump and White Supremacist Sessions who can’t tell the difference. Hell, they can’t even tell Puerto Rico.
The letter actually admits that asylum requesting families may be detained (and therefore split).
“Under the Administration’s memorandum, immigrants who are prosecuted for crossing the border illegally will be able to apply for asylum, but may be detained while their cases are considered. If granted asylum, any conviction for illegally entering the country is vacated.”
This policy is cruel and expensive (someone has to be paid to supervise the children), Note the children are not only separated from their parents but also presumably children from the same family are separated from each other if they are different sexes or ages. It also isn’t clear whether parents are separated from each other (criminal detention usually segregates by sex).
“The letter actually admits that asylum requesting families may be detained (and therefore split).”
Only if they are seeking asylum AFTER entering illegally. I.e. if it is a “defensive asylum” process.
Still doesn’t mean they aren’t legitimate asylum seekers. For instance many Cubans arrived ‘illegally’ but received asylum.
“Still doesn’t mean they aren’t legitimate asylum seekers.”
True, but it DOES mean their cases are handled differently than if they followed the procedure and presented themselves as asylum seekers at a point of entry. The letter is specifically referring to those who DID NOT enter the country legally.
Cubans are a special case and a whole other issue.
And Warren was specifically looking for info on asylum seekers. Note also
“legal process of requesting asylum at ports of entry”
does not include those who enter by other means, e.g., cross the border and turn themselves in at the nearest police station, which is also a perfectly legitimate method under international law. Once on the soil one’s claim for asylum must be heard (it is why the US intercepts boats of Haitian refugees before they landed because then they didn’t have to have a court hearing and why Australia does the same for those seeking refuge by boat). However this is a side issue because the deliberate splitting of families is meant to be cruel whether the parents are seeking asylum or are otherwise undocumented.
Here is the WHOLE quote (emphasis added):
The problem is, Session (and the WH) just wants to focus on those who entered illegally while others are talking about those who enter legally. It would be useful to know the percentages of those 2 groups.
So asylum seekers are separated. Note the letter goes on to state that if their claim for asylum is accepted they retroactively will have done nothing illegal.
“If granted asylum, any conviction for illegally entering the country is vacated”
Yes, I am aware of that. Just because the conviction is vacated (or the charges dropped) doesn’t mean they didn’t do something illegal.
However, what you are missing is many who enter illegally aren’t seeking asylum. They are only requesting it AFTER they have been caught. Many see this as a stalling tactic (and in a lot of cases that is just what it is), to avoid deportation. Certainly, many anti-immigrant types are using that as a justification for the detentions.