Homeland Security

Border Patrol union chief tells how to break log-jam of asylum seekers

Brandon Judd, president of National Border Patrol Council, the union that represents the agents and support staff of the U.S. Border Patrol, presents a great idea for changes that would simplify and restore control of the border.  He recommends that DHS cross-designate and train Border Patrol agents at the senior patrol agent level as asylum officers with limited authority to conduct “credible fear” interviews.

As he explains: “Asylum and deportation proceedings are civil administration actions, not criminal. Therefore, DHS has the right to establish fear thresholds. Unlike in a criminal proceeding, where the government must prove its case, the burden of proof falls on the illegal border-crosser to provide proof establishing a credible fear.

“If the ‘credible fear’ process begins upon arrest by Border Patrol agents, instead of at a later interview before an asylum officer, the process will be much more efficient. If an asylum-trained senior patrol agent determines that the alien has not established a credible fear, an order of expedited removal can be issued, and the illegal border-crosser can be removed immediately. The illegal border-crosser does have appeal rights, but by regulation an immigration judge must hear the case within 10 days of the person asking for reconsideration. Again, because this is not a criminal proceeding, the burden of proof remains on the illegal border-crosser, not the U.S. government.

“If no credible fear is established, the process would take no more than 10 days instead of the 2 to 5 years it now takes to deport an illegal border-crosser who claims asylum. This simple adjustment would end catch-and-release. …”

Read the full article here.  It was published as an analysis/opinion in The Washington Times, Sunday, March 31, 2019.  

Another good discussion goes into more detail: “Top border agent: We don’t need Congress to stop mass migration,” by Daniel Horowitz in The Conservative Review, April 3, 2019.  See it here.

According to an April 4 blog from NumbersUSA, the DHS has recently begun some use of the approach described by Brandon Judd.

You can contact The White House and urge Pres. Trump to have DHS deputize sufficient numbers of its senior Border Patrol officers to act as asylum adjudicators, and stop use of the ineffective catch-and-release procedures.  Email:  https://www.whitehouse.gov/contact/

Illegal Aliens Go for a Windfall

WASHINGTON  Two families of illegal aliens from Central America are suing Trump administration officials in a Massachusetts federal district court over their treatment after they crossed the border illegally. The families claim that the month-long separation of the parents from their children when the parents were in jail for a criminal offense violated their constitutional rights. They seek monetary damages from the defendants, who are being sued as individuals, not in their official capacities. The Immigration Reform Law Institute (IRLI) this week filed a friend-of-the-court brief in support of the Trump officials.

The government’s brief on its motion to dismiss does an excellent job of showing that the court lacks personal jurisdiction over the defendants (none of whom has substantial personal contacts with Massachusetts), and that a damages action of this kind is unwarranted here. IRLI adds to these persuasive arguments a further point: plaintiffs had never even entered the country in a legal sense when their separations occurred, and thus they had no rights under our Constitution to be deprived of.

In immigration law, “entry” is a term of art, generally defined as presence in this country and freedom from official restraint. For example, a traveler at an American airport waiting to go through customs has not “entered” the United States. And a basic principle of constitutional law is that it is the American people" not aliens who have never entered the country in a legal sense, and have no substantial connection to it "who have rights under our Constituution.

Here, the alien families sought out border patrol agents as soon as they crossed the border, intending to claim asylum. When the parents were taken into custody for the crime of unlawful entry, pursuant to the administration’s zero tolerance policy, their children, who could not accompany them into jail, were placed with caregivers for about a month, after which the families were reunited. Thus, according to the leading legal definition of “entry,” the families had never effected entry into the U.S. - and thus had not come under the protection of ouur Constitution.

“This audacious lawsuit richly deserves to be dismissed,” commented Dale L. Wilcox, executive director and general counsel of IRLI. “These parents could have avoided detention and separation from their children altogether by voluntarily leaving the country. But that didn’t suit their purposes. Then, after the separation they caused was over, they turned around and sued government officials over it, hoping for a windfall for themselves and their attorneys.”

The case is K.O. v. Sessions, No. 4:18-cv-40149 (D. Mass.).

Share this release here.  


For additional information, contact: Brian Lonergan � 202-232-5590 � blonergan@irli.org

Oregon Department of Corrections: Foreign National Sodomy Report December 2018

Information obtained from the Oregon Department of Corrections (DOC) indicated on December 1, 2018 that 99 of 905 foreign nationals (criminal aliens) in the state’s prison system were incarcerated for the crime of sodomy — 10.94 percent of the criminal alien prison population (Note: The number of criminal aliens incarcerated for sodomy in DOC prisons does not necessarily equal the number of Oregon residents victimized by the crime of sodomy).

Using DOC U.S. Immigration and Customs Enforcement (ICE) immigration detainer numbers, the following table reveals the total number of criminal alien inmates along with the number and percentage of those alien inmates incarcerated on December 1st in the state’s prisons for the crime of sodomy.

OREGON DEPARTMENT OF CORRECTIONS

Month/Day/Year

DOC Total Number Inmates W/ICE Detainers

DOC Number of Inmates W/ICE Detainers Incarcerated for the Crime of Sodomy

DOC Percent of Inmates W/ICE Detainers Incarcerated for the Crime of Sodomy

December 1, 2018

905

99

10.94%

Source: Research and Evaluation DOC Report ICE inmates list 01 December 18.

The 99 criminal aliens in the DOC prison system incarcerated for sodomy were 9.42 percent of all inmates, domestic and foreign, in the state’s prisons for the crime of sodomy.

Using the DOC Inmate Population Profile and ICE immigration detainer numbers from December 1st, the following table reveals the total number inmates incarcerated for sodomy, the number of domestic and criminal alien inmates incarcerated for sodomy and the percentage of criminal aliens incarcerated for the crime of sodomy.

OREGON DEPARTMENT OF CORRECTIONS

Month/Day/Year

DOC Total Number of Inmates Incarcerated for the Crime of Sodomy

DOC Number of Domestic Inmates Incarcerated for the Crime of Sodomy

DOC Number of Inmates W/ICE Detainers Incarcerated for the Crime of Sodomy

DOC Inmates W/ICE Detainers as a Percentage of All Inmates incarcerated for the Crime of Sodomy

December 1, 2018

1,051

952

99

9.42%

Source: Research and Evaluation DOC Report ICE inmates list 01 December 18 and Inmate Population Profile 01 December 18.

Criminal aliens incarcerated in DOC prisons committed at least one crime of sodomy in 16 of 36 Oregon counties — 44.44 percent of the counties in the state.

Five Oregon counties, Marion (32 aliens in prison for sodomy), Washington (21 aliens in prison for sodomy), Multnomah (16 aliens in prison for sodomy), Clackamas (5 aliens in prison for sodomy) and Lane (5 aliens in prison for sodomy) had 79 of 99 criminal alien inmates incarcerated in DOC prisons for the crime of sodomy — 79.80 percent of the alien inmates incarcerated in the state’s prisons for sodomy.

Using DOC ICE immigration detainer numbers, the following table reveals the number and percentage of criminal alien inmates incarcerated on December 1st that were sent to prison from the state’s 36 counties for the crime of sodomy.

OREGON DEPARTMENT OF CORRECTIONS

County

DOC Number of Inmates W/ ICE Detainers by County Incarcerated for the Crime of Sodomy

DOC Percent of Inmates W/ ICE Detainers by County Incarcerated for the Crime of Sodomy

Marion

32

32.32%

Washington

21

21.21%

Multnomah

16

16.16%

Clackamas

5

5.05%

Lane

5

5.05%

Jackson

4

4.04%

Yamhill

4

4.04%

Deschutes

3

3.03%

Umatilla

2

2.02%

Linn

1

1.01%

Benton

1

1.01%

Coos

1

1.01%

Crook

1

1.01%

Douglas

1

1.01%

Polk

1

1.01%

Tillamook

1

1.01%

Baker

0

0.00%

Clatsop

0

0.00%

Columbia

0

0.00%

Curry

0

0.00%

Gilliam

0

0.00%

Grant

0

0.00%

Harney

0

0.00%

Hood River

0

0.00%

Jefferson

0

0.00%

Josephine

0

0.00%

Klamath

0

0.00%

Lake

0

0.00%

Lincoln

0

0.00%

Malheur

0

0.00%

Morrow

0

0.00%

OOS (Not a County)

0

0.00%

Sherman

0

0.00%

Union

0

0.00%

Wallowa

0

0.00%

Wasco

0

0.00%

Wheeler

0

0.00%

Total

99

100.00%

Source: Research and Evaluation DOC Report ICE inmates list 01 December 18.

Criminal aliens from 14 identified countries incarcerated in DOC prisons have criminally sodomized Oregon residents.

Foreign nationals who declared their country or origin as being Mexico were 78 of 99 criminal aliens convicted of sodomy incarcerated in the DOC prison system — 78.79 percent of the alien inmates incarcerated in the state’s prisons for sodomy.

Using DOC ICE immigration detainer numbers, the following table reveals the self-declared countries of origin of the 99 criminal alien inmates by number and percentage incarcerated on December 1st in the state’s prisons for the crime of sodomy.

OREGON DEPARTMENT OF CORRECTIONS

Country

DOC Number of Inmates W/ ICE Detainers by Country Incarcerated for the Crime of Sodomy

DOC Percent of Inmates W/ ICE Detainers by Country Incarcerated for the Crime of Sodomy

 

Mexico

78

78.79%

 

El Salvador

5

5.05%

 

Guatemala

2

2.02%

 

Ecuador

2

2.02%

 

Philippines

2

2.02%

 

England

1

1.01%

 

Federated States of Micronesia

1

1.01%

 

Laos

1

1.01%

 

Nicaragua

1

1.01%

 

Palau

1

1.01%

 

Russia

1

1.01%

 

Thailand

1

1.01%

 

Ukraine

1

1.01%

 

Vietnam

1

1.01%

 

Other / Unknown Countries

1

1.01%

 

Total

99

100.00%

 

Source: Research and Evaluation DOC Report ICE inmates list 01 December 18.

David Olen Cross of Salem, Oregon writes on immigration issues and foreign national crime. The preceding report is a service to Oregon state, county and city governmental officials to help them assess the impact of foreign national crime in the state. He can be reached at docfnc@yahoo.com. His past crime reports can be found at http://docfnc.wordpress.com/.

CBP officers seize largest amount of fentanyl in history

TUCSON, Ariz. - U.S. Customs and Border Protection officers at the Nogales Commercial Facility seized nearly $4.6 million in fentanyl and methamphetamine totaling close to 650 pounds on Saturday from a Mexican national when he attempted to enter the United States through the Port of Nogales. The seizure is the largest seizure of fentanyl in CBP history. The methamphetamine seizure represents the third largest at an Arizona port. 
 
CBP Officers discovered more than 400 packages of drugs concealed within a special floor compartment of a trailer that was laden with cucumbers, driven by a 26-year-old truck driver. Following an alert by a CBP narcotics detection canine, CBP officers seized nearly 254 pounds of fentanyl with a value of approximately $3.5 million and almost 395 pounds of methamphetamine valued at $1.1 million. 
 
Nogales Area Port Director Michael Humphries praised his staff at the Mariposa Commercial Facility for this record breaking drug seizure and arrest.
 
 “I want to express my gratitude to the CBP officers involved in this case and Nogales personnel who selflessly perform their duties with dedication, vigilance, and professional even during a funding hiatus,” said PD Humphries. “Opioids pose a real danger to every community in America and are having fatal consequences across our nation. This past weekend our CBP officers were able to stop an enormous amount of these deadly narcotics from hitting our streets.”
 
The driver of the vehicle was arrested and turned over to Homeland Security Investigations (HSI), who charged him with two counts of 21 USC 841, possession with intent to distribute and is currently in federal custody.
 
“This case clearly shows that HSI’s and CBP’s collaborative efforts continue to have an impact, as those attempting to smuggle illicit drugs are stopped at the border,” said HSI Special Agent in Charge Scott Brown. “These efforts exhibit the combined resources of law enforcement agencies’ resolve to combating these deadly drugs from entering our communities.”
 

Trump moves to limit asylum; new rules challenged in court

WASHINGTON (AP) — President Donald Trump issued a proclamation Friday to deny asylum to migrants who enter the country illegally, tightening the border as caravans of Central Americans slowly approach the United States. The plan was immediately challenged in court.

Trump invoked the same powers he used last year to impose a travel ban that was upheld by the Supreme Court...

“We need people in our country, but they have to come in legally,” Trump said Friday as he departed for Paris.

The American Civil Liberties Union and other legal groups swiftly sued in federal court in Northern California to block the regulations, arguing the measures were illegal.

“The president is simply trying to run roughshod over Congress’s decision to provide asylum to those in danger regardless of the manner of one’s entry,” said ACLU attorney Lee Gelernt.

The litigation also seeks to put the new rules on hold while the case progresses.

The regulations go into effect Saturday...

Trump’s announcement was the latest push to enforce a hard-line stance on immigration through regulatory changes and presidential orders, bypassing Congress, which has not passed any immigration law reform. But those efforts have been largely thwarted by legal challenges and, in the case of family separations this year, stymied by a global outcry that prompted Trump to retreat.

Officials said the asylum law changes are meant to funnel migrants through official border crossings for speedy rulings instead of having them try to circumvent such crossings on the nearly 2,000-mile (3,200-kilometer) border...

But the busy ports of entry already have long lines and waits, forcing immigration officials to tell some migrants to turn around and come back to make their claims...

“The arrival of large numbers ... will contribute to the overloading of our immigration and asylum system and to the release of thousands ... into the interior of the United States,” Trump said in the proclamation, calling it a crisis.

Administration officials said those denied asylum under the proclamation may be eligible for similar forms of protection if they fear returning to their countries, though they would be subject to a tougher threshold. Those forms of protection include “withholding of removal” — which is similar to asylum, but doesn’t allow for green cards or bringing families — or protection under the United Nations Convention Against Torture.

Homeland Security officials said they were adding staffing at the border crossings ...

The U.S. is also working with Mexico in an effort to send some migrants back across the border. Right now, laws allow only Mexican nationals to be swiftly returned and increasingly those claiming asylum are from Central America.

Trump pushed immigration issues hard in the days leading up to Tuesday’s midterm elections, railing against the caravans that are still hundreds of miles from the border.

He has made little mention of the issue since the election, but has sent troops to the border in response. As of Thursday, there were more than 5,600 U.S. troops deployed to the border mission, with about 550 actually working on the border in Texas.

Trump also suggested he’d revoke the right to citizenship for babies born to non-U.S. citizens on American soil and erect massive “tent cities” to detain migrants. Those issues were not addressed by the regulations. But Trump insisted the citizenship issue would be pushed through.

“We’re signing it. We’re doing it,” he said.

The administration has long said immigration officials are drowning in asylum cases partly because people falsely claim asylum and then live in the U.S. with work permits. In 2017, the U.S. fielded more than 330,000 asylum claims, nearly double the number two years earlier and surpassing Germany as highest in the world.

Migrants who cross illegally are generally arrested and often seek asylum or some other form of protection ... Generally, only about 20 percent of applicants are approved.

It’s unclear how many people en route to the U.S. will even make it to the border. Roughly 5,000 migrants — more than 1,700 under the age of 18 — sheltered in a Mexico City sports complex decided to depart Friday for the northern city of Tijuana, opting for the longer but likely safer route to the U.S. border.

Similar caravans have gathered regularly over the years and have generally dwindled by the time they reach the southern border, particularly to Tijuana. Most have passed largely unnoticed.

___

Associated Press writers Elliot Spagat in San Diego, Nomaan Merchant in Houston and Jill Colvin and Zeke Miller in Washington contributed to this report.

 

Know somebody who wants a job?

Alert date: 
2018-07-24
Alert body: 

The Department of Homeland Security is hiring.  “The Department of Homeland Security’s compelling mission” they say, “draws candidates seeking to join a team that makes a difference in the lives of their fellow citizens.”

And the pay isn’t bad either! 

Take a look at current job openings here.  This link features jobs in the DHS and related salaries, but on the same website one can view other job openings and pay scales in the federal government also.

A description and general information about the particular jobs at DHS is on their main website at https://www.dhs.gov/homeland-security-careers/hiring-event

Both ICE (Immigration and Customs Enforcement) and CBP (Customs and Border Protection), are components of the Department of Homeland Security, and they’re looking for good people.  They have a bigger budget than formerly, also new leadership that sincerely believes in immigration law enforcement, so cruise around on the websites linked here and see whether you’re interested for yourself or for someone you know.

https://www.usajobs.gov/Search/?a=HSBB

https://www.dhs.gov/homeland-security-careers/hiring-event

https://www.ice.gov/careers

https://www.cbp.gov/careers

 

Four Reasons Why Separating Border Children Is the Only Humane Choice

This so-called “migrant child separation crisis” is as phony and manufactured as the Russian collusion hoax, a ginned up controversy fabricated by the media to blot out President Trump’s success with North Korea, a booming economy, and to distract from the nuclear fallout that came via the Inspector General report on our disgraced FBI, including this week’s devastating congressional hearings.

This narrative is not only phony, it is also dumb, indecent, and inhumane.

First off, the policy of separating illegal border crossers from minor children has been going on forever. The media are just mad because Trump is enforcing the law, is refusing to “catch and release” illegals into our country, where most disappear never to be seen or heard from again (I explain why here).

You see, that is something the media refuse to tell you, that is something the media dare not allow the American public to grasp — that the only way to “keep the family together” is to release them into our country....

There is simply no other way to “keep families together” other than to release them.

Because of loopholes in the law that make it impossible to hold children for more than 20 days, a finite amount of resources from congress (there are no facilities to hold legitimate illegal families together), and the fact that many of these children are being used by sex traffickers and drug dealers as a free pass into America (meaning, we need to separate families to ensure the child is not being exploited), those are the only options Trump has…

He can either separate families or he can release them into America. That impossible choice is the most important piece of news the media are covering up.

Before I begin, let me first make a crucial distinction between legitimate asylum seekers and lawbreakers — another important point the media are intentionally muddying up.

Those families seeking asylum through legitimate means are not being separated by the Trump administration, and they should not be separated. People who follow the rules should be treated like people who follow the rules. And those seeking asylum for legitimate reasons should be granted asylum. God bless these families, and welcome to America. Same with legal immigrants. I am married to one. So thank God for legal immigration because she’s awesome.

But here are four reasons why separating children at the border is the ONLY humane choice…

 

  1. Abusive Parents

If any American citizen force-marched their minor child through miles and miles of dangerous desert with the intent of committing a crime, the government would (and should) take our child away....

 

  1. We Must Separate Children From Sex Traffickers and Criminals

Because of the loopholes in the law, because of stupid and inhumane policies like “catch and release,” the American media and left have turned innocent children into a golden ticket into America for monstrous criminals.

This encouragement has resulted in untold numbers of criminals using children (who are not their own) to disguise themselves as part of a family unit....

 

  1. ‘Keeping Families Together’ Encourages Sex Trafficking

...

 

  1. America Citizens Cannot Be Forgotten

Again — and I cannot stress this enough — Trump has only two choices: he can either separate families, or he can “keep families together” by letting them loose into America.

There is no third option....

In the three points above, I detailed why separating these families is the only humane option for the migrant children....

All because the Democrats and their media allies want more voters (how this works is laid out here)....

The media have intentionally turned the moral world upside down, have gaslighted too many into believing the monstrous policy of “keeping families together,” which only means one thing — setting illegal aliens loose into America, is a virtue as opposed to what it really is: an act of naked evil that encourages child abuse, sexual abuse, sex trafficking, and punishes the already-struggling working class.

Myth vs. Fact: DHS Zero-Tolerance Policy

Release Date:
June 18, 2018

In recent days, we have seen reporters, Members of Congress, and other groups mislead the public on the Department of Homeland Security’s (DHS) zero-tolerance policy.

Federal law enforcement officers have sworn duties to enforce the laws that Congress passes. Repeating intentionally untrue and unsubstantiated statements about DHS agents, officers, and procedures is irresponsible and deeply disrespectful to the men and women who risk their lives every day to secure our border and enforce our laws.

 


Myth

DHS has a policy to separate families at the border.


Fact

DHS does not have a blanket policy of separating families at the border. However, DHS does have a responsibility to protect all minors in our custody. This means DHS will separate adults and minors under certain circumstances. These circumstances include: 1) when DHS is unable to determine the familial relationship, 2) when DHS determines that a child may be at risk with the parent or legal guardian, or 3) when the parent or legal guardian is referred for criminal prosecution.

  • Familial Relationship – If there is reason to question the claimed familial relationship between an adult and child, it is not appropriate to detain adults and children together.
  • Human Trafficking and Smuggling – If there is reason to suspect the purported parent or legal guardian of human trafficking or smuggling, DHS detains the adult in an appropriate, secure detection facility, separate from the minor. DHS continues to see instances and intelligence reports indicating minors are trafficked by unrelated adults, posing as a “family” in an effort to avoid detention.
  • Safety Risk – If there is reason to suspect the purported parent or legal guardian poses a safety risk to the child (e.g. suspected child abuse), it is not appropriate to maintain the adult and child together.
  • Criminal Prosecution – If an adult is referred for criminal prosecution, the adult will be transferred to U.S. Marshals Service custody and any children will be classified as an unaccompanied alien child and transferred to the Department of Health and Human Services custody.

In recent months, DHS has seen a staggering increase in the number of illegal aliens using children to pose as family units to gain entry into the United States. From October 2017 to February 2018, there was a 315 percent increase in the number of cases of adults with minors fraudulently posing as “family units” to gain entry.

 


Myth

Prior to April 2017, DHS never separated families arriving at the border.


Fact

DHS has separated families under the circumstances described above. Because of court decisions, DHS can generally no longer hold families in detention beyond 20 days.

 


Myth

DHS can indefinitely detain families who cross the border illegally.


Fact

DHS generally releases families within 20 days. This creates a “get out of jail free” card for illegal alien families and encourages groups of illegal aliens to pose as families hoping to take advantage of that loophole.

In 2014, DHS increased detention facilities for arriving alien families and held families pending the outcome of immigration proceedings. However, a federal judge ruled in 2016 that under the Flores Settlement Agreement, minors detained as part of a family unit cannot be detained in unlicensed facilities for longer than a presumptively reasonable period of 20 days, at which point, such minors must be released or transferred to a licensed facility. Because most jurisdictions do not offer licensure for family residential centers, DHS rarely holds family units for longer than 20 days. The judge’s ruling made it much more difficult for the Federal government to use the detention authorities Congress gave it.

 


Myth

DHS is referring for prosecution all families coming to the border.


Fact

DHS only refers to the Department of Justice those adults who violate the law by crossing the border illegally (or who have violated some other criminal law) and are amenable for prosecution. When adults, with or without children, unlawfully enter this country, there must be a consequence for breaking our laws.

DHS is not referring for prosecutions families or individuals arriving at ports of entry or attempting to enter the country through legal means. These families and individuals have not broken the law and will be processed accordingly.

 


Myth

DHS is turning away asylum seekers at ports of entry.


Fact

DHS complies with Federal law with regard to processing individuals claiming asylum at ports of entry.

CBP processes all aliens arriving at all ports of entry without documents as expeditiously as possible without negatively affecting the agency's primary mission to protect the American public from dangerous people and materials while enhancing the nation’s economic competitiveness through facilitating legitimate trade and travel.

As the number of arriving aliens determined to be inadmissible at ports of entry continues to rise, CBP must prioritize its limited resources to ensure its primary mission is being executed. Depending on port circumstances at the time of arrival, CBP officials will allocate the necessary resources to its primary mission and operate appropriate access controls and queue management procedures for those arriving aliens without proper travel documents.

 


Myth

DHS separates families who entered at the ports of entry and who are seeking asylum – even though they have not broken the law.


Fact

If an adult enters at a port of entry and claims asylum, they will not face prosecution for illegal entry. DHS does have a responsibility to protect minors we apprehend and will separate in three circumstances:1) when DHS is unable to determine the familial relationship, 2) when DHS determines that a child may be at risk with the parent or legal guardian, or 3) when the parent or legal guardian is referred for criminal prosecution.

 


Myth

Once separated, arriving alien adults cannot contact minors and are not told where the minors are being held by the Department of Health and Human Services (HHS).


Fact

DHS is committed to and has procedures in place to connect family members after separation so adults know the location of minors and have regular communication with them.

HHS and DHS work to facilitate communication between detained adults and minors (in HHS custody) in a number of ways to include telephone and/or video conferencing. Additionally, ICE has posted information in all over 72-hour facilities advising detained adults who are trying to locate, and/or communicate with a child in the custody of HHS to call the Detention Reporting and Information Line (DRIL) for assistance. This posted information includes:

  • HHS Adult Hotline (24 hours a day, 7 days a week, in both English and Spanish):
    • If calling from outside an ICE detention facility, call 1-800-203-7001.
    • If calling from an ICE detention facility, dial 699# on the free call platform.
    • Please note that you will need to provide the child’s full name, date of birth, and country of origin. It is also helpful to provide the child’s alien registration number, if you know it.
  • HHS Email: information@ORRNCC.com

Individuals may also obtain information about a particular immigration case (including their child’s), or information about reunifying with minors, through the following methods:

  • ICE Call Center (Monday-Friday, 8 am-8 pm EST):
    • If calling from outside an ICE detention facility, call 1-888-351-4024.
    • If calling from an ICE detention facility, dial 9116# on the free call platform.
  • ICE Email: Parental.Interests@ice.dhs.gov

Additionally, CBP has developed and distributed bilingual documents outlining the separation and reunification process.

 


Myth

Language barriers prevent aliens apprehended at the border, and subject to prosecution, from receiving adequate information.


Fact

All US Border Patrol trainees are required to take Spanish language training while at the Border Patrol Academy, and achieve proficiency in Spanish. All Border Patrol personnel on the Southwest Border are bilingual.

CBP apprehends illegal aliens from numerous countries that speak many languages other than Spanish. Should an agent ever have a language or communication issue, they are required to find another Agent who speaks the language or to utilize contract interpreters.

All Border Patrol personnel at the border are directed to clearly explain the relevant process to apprehended individuals. CBP provides detainees with written documentation (in Spanish and English) that lays out the process – to include the appropriate phone numbers to contact.

 


Myth

CBP and ICE officers are not properly trained to separate minors from their custodians.


Fact

The safety of CBP employees, detainees, and the public is paramount during all aspects of CBP operations. CBP treats all individuals in its custody with dignity and respect, and complies will all laws and policy, including CBP’s National Standards on Transport, Escort, Detention, and Search (TEDS). TEDS reinforces/reiterates the need to consider the best interest of children and mandates adherence to established protocols to protect at-risk populations, to include standards for the transport and treatment of minors in CBP custody.

All ICE facility staff who interact with adults receive trauma-informed care training. ICE is augmenting mental health care staffing, to include trained clinical staff, to provide mental health services to detained adults.

 


Myth

DHS detention facilities are in poor condition and do not provide clean drinking water.


Fact

DHS facilities are safe and sanitary, and adults and minors are provided access to food and drinking water, medical care as needed, and adequate temperature control and ventilation.

 


Myth

DHS and HHS houses migrants in “inhumane fenced cages” or in an “ice box.”


Fact

DHS and HHS utilize short-term facilities in order to process and temporarily hold migrants that have been apprehended. These short-term facilities do not employ the use of ‘cages’ to house minors. Certain facilities make use of barriers in order to separate minors of different genders and age groups – for the safety of those who are being held. Additionally, CBP facilities have adequate temperature control and ventilation. ICE facilities are designed for longer-term detention of adults and, in some cases, families.

DHS takes seriously our responsibility for the safety and security of all migrants in the custody of the United States government.

 


Myth

DHS has never separated families for prosecutions before – this is a new policy in this Administration.


Fact

Illegal border crossers, including family units, were referred for prosecutions, as appropriates, under the previous Administration. The average referral rate for amenable adults from FY10 – FY16 was 21 percent.

 


Myth

By choice, DHS refuses to keep families together through the immigration adjudication and removal process.


Fact

Court decisions interpreting the Flores Settlement Agreement (FSA), which has been in existence for over 20 years but was significantly broadened in 2016, limits the government’s ability to detain family units. Pursuant to these court decisions, minors detained as part of a family unit cannot be detained in unlicensed facilities for longer than a presumptively reasonable period of 20 days, at which point, minors must be released or transferred to a licensed facility. Because most jurisdictions do not offer licensure for family residential centers, DHS can rarely detain a family for longer than 20 days.

The Trafficking Victims Protection Reauthorization Act of 2008 (TVPRA) requires unaccompanied alien children (other than those from contiguous countries – Mexico and Canada – who are eligible to withdraw their application for admission) be transferred from DHS to the Department of Health and Human Services within 72 hours, absent exceptional circumstances.

13 Facts the Media 'Pros' Don’t Want You to Know About 'Family Border Separation'

The fire hose of fake news from the establishment media this week on the issue of illegal immigrant families separated at the border is designed to mislead the American people — and to distract from Trump’s recent successes.

Here are the facts — 13 truths the media do not want you to know about President Trump’s legal, humane, and moral handling of adults and children who enter our country illegally.

 

1. Trump Is Only Enforcing the Law

... In truth, Trump is only complying with and enforcing the law, which is his constitutional duty and responsibility.

When the media claim Trump has a “choice,” what they mean is he has a choice to ignore the law as Obama did when he illegally released untold numbers of illegals into America....

2. Trump’s Only Choice Is to Separate Illegal Alien Families

When an illegal alien crosses the border into the U.S., he is a lawbreaker, and, like any lawbreaker (including American citizens), he is put into the criminal justice system.

This is the law.

Obviously, when an illegal alien is in custody, he is housed in an adult detention center. For obvious reasons, it would be illegal for Trump to “reunite” this family by allowing children to live in adult detention centers....

Keep in mind that when we are this early in the process, we do not even know if this is a real family unit. It is not uncommon for illegal aliens (including criminals) to pretend the children they are traveling with are their own....

 

3. The Left Wants Illegal Aliens to Enjoy Privileges Denied to American Citizens

If an American citizen breaks the law and is funneled into the justice system, he is separated from his family and children. This American citizen is not allowed to keep his family with him in a detention center....

 

4. Asylum Seekers Not Breaking the Law are Not Being Separated...

 

5. Trump Is Correct About the Loophole

In 1997, a consent decree called the Flores Settlement made it illegal for America to hold migrant children for longer than 20 days. Meaning, in order to keep the family together after 20 days of detention, we can either reunite the family by letting them loose to live illegally in America, or we can keep the parent in detention and place the child in a foster home or with a relative who lives in America.

Trump is wisely choosing to do the latter ...

 

6. "Reuniting" Families Would Be a Disaster for Countless Children

Again, the only way to “keep a family together” is to allow illegals to pour into our country....

 

7. Obama and Democrats Incentivized This ‘Family Separation’

Until Obama came along, illegal border crossings primarily involved young, single men. Obama incentivized the idea of dragging minor children along on this dangerous journey (where many children are sexually assaulted) through his policy of “catch and release.”...

 

8. Barack Obama Separated Illegal Alien Families, Media Said Nothing

Under Obama, when illegal border crossers were put into the criminal justice system, families were indeed separated. Obama, of course, rarely prosecuted, even though the law calls for it.

Neither Democrats nor the media cared about family separation then, which proves this manufactured and coordinated uproar is only about politics....

 

9. IMPORTANT: The ONLY Way to Unite Families Is to Release Them into America

... But when you hear the media call for these families to be reunited, remember that is coded language that means only one thing: releasing illegal aliens into our country with nothing more than a court summons....

 

10. Incentivizing the Act of Bringing Minor Children Across the Border Is Evil

... Evil people want these children dragged across the border, want this abuse incentivized by “keeping the family unit together,” because flooding the country with future indebted voters is more important to them than the safety and well-being of small children....

 

11. Those Who Come to America Legally Face ‘Family Separation’

 

12. “Family Reunification” Is an Invitation to Human Traffickers

Because of “catch and release,” because of this dumb and destructive loophole carved out for families, the number of illegal aliens using children to enter the U.S. increased by 315 percent between October 2017 and February 2018.

Trump understands what is happening and this is why he has moved to a zero tolerance policy....

 

13. Media Do Not Give a Shit About American Families Separated by Criminal Illegal Aliens

Illegal alien families are choosing to be separated by voluntarily engaging in lawbreaking. These illegal alien families, if they so choose, can stay together, simply by obeying the law....

Here's the real story on migrant children separated from parents

As is usually the case, the latest Trump outrage as presented to you by the self-righteous media is not an accurate reflection of what’s really going on.

If you’ve been listening to the scandalized reports from the press and the outraged howls of Democrats and celebrities, you have the impression the Trump Administration is seizing migrant children, separating them from their families and banishing them to dark dungeons – never to see their parents again. And they’re doing all of this because they’re racist xenophobes ...

Is this even close to what’s really going on?

.... National Review’s Rich Lowry explains the truth about how this works, and under what circumstances, and why:

Separation happens only if officials find that the adult is falsely claiming to be the child’s parent, or is a threat to the child, or is put into criminal proceedings.

It’s the last that is operative here. The past practice had been to give a free pass to an adult who is part of a family unit. The new Trump policy is to prosecute all adults. The idea is to send a signal that we are serious about our laws and to create a deterrent against re-entry. (Illegal entry is a misdemeanor, illegal re-entry a felony.)

When a migrant is prosecuted for illegal entry, he or she is taken into custody by the U.S. Marshals. In no circumstance anywhere in the U.S. do the marshals care for the children of people they take into custody. The child is taken into the custody of HHS, who cares for them at temporary shelters.

The criminal proceedings are exceptionally short, assuming there is no aggravating factor such as a prior illegal entity or another crime. The migrants generally plead guilty, and they are then sentenced to time served, typically all in the same day, although practices vary along the border. After this, they are returned to the custody of ICE.

If the adult then wants to go home, in keeping with the expedited order of removal that is issued as a matter of course, it’s relatively simple. The adult should be reunited quickly with his or her child, and the family returned home as a unit. In this scenario, there’s only a very brief separation.

Where it becomes much more of an issue is if the adult files an asylum claim. In that scenario, the adults are almost certainly going to be detained longer than the government is allowed to hold their children.That’s because of something called the Flores Consent Decree from 1997. It says that unaccompanied children can be held only 20 days. A ruling by the Ninth Circuit extended this 20-day limit to children who come as part of family units. So even if we want to hold a family unit together, we are forbidden from doing so.

The clock ticking on the time the government can hold a child will almost always run out before an asylum claim is settled. The migrant is allowed ten days to seek an attorney, and there may be continuances or other complications.

This creates the choice of either releasing the adults and children together into the country pending the adjudication of the asylum claim, or holding the adults and releasing the children. If the adult is held, HHS places the child with a responsible party in the U.S., ideally a relative (migrants are likely to have family and friends here).

The media coverage tells you none of this, of course....

The truth is that when there is separation, it’s very brief, and every family that wants to come to the United States can easily avoid it happening by a) going to a legitimate port of entry instead of sneaking across the border illegally, and by telling the truth about who they are....

But much of America, including almost all of the media and just about every member of the Democratic Party, has stopped taking illegal immigration seriously as a crime. But the law says it is, and the border patrol is charged with treating it like it is....

 

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