What Happens Next: A Gallimaufry

melancholic romantic comic cynic. bi & genderqueer. fantasy writer. sysrae on ao3.

What’s Really Happening When Asylum-Seeking Families Are Separated?

meret118:

Excerpts:

AC: The short of it is, we will take sample sizes of numbers and individuals we’re seeing that are being prosecuted for criminal entry. The majority of those are free to return to the home country. Vast majority. We can’t quite know exactly because our sample size is between one hundred and two hundred individuals. But 90 percent of those who are being convicted are having their children separated from them. The 10 percent that aren’t are some mothers who are going with their children to the detention centers in Karnes and Dilley.

But, for the most part, the ones that I’ve been working with are the ones that are actually being prosecuted for criminal entry, which is a pretty new thing for our country—to take first-time asylum seekers who are here seeking safe refuge, to turn around and charge them with a criminal offense.

Those parents are finding themselves in adult detention centers and in a process known as expedited removal, where many are being deported. And their children, on the other hand, are put in a completely different legal structure.

They are categorized as unaccompanied children and thus are being put in place in a federal agency not with the Department of Homeland Security but with Health and Human Services. And Health and Human Services has this complicated structure in place where they’re not viewed as a long-term foster care system—that’s for very limited numbers—but their general mandate is to safeguard these children in temporary shelters and then find family members with whom they can be placed.

So they start with parents, and then they go to grandparents, and then they go to other immediate family members, and then they go to acquaintances, people who’ve known the children, and they’re in that system, but they can’t be released to their parents because their parents are behind bars.

And we may see more parents that get out of jail because they pass a “credible fear” interview, which is the screening done by the asylum office to see who should be deported quickly, within days or weeks of arrival, and who should stay here and have an opportunity to present their asylum case before an immigration judge of the Department of Justice.

So we have a lot of individuals who are in that credible fear process right now, but in Houston, once you have a credible fear interview (which will sometimes take two to three weeks to even set up), those results aren’t coming out for four to six weeks.

Meanwhile, these parents are just kind of languishing in these detention centers because of the zero-tolerance policy. There’s no individual adjudication of whether the parents should be put on some form of alternative detention program so that they can be in a position to be reunited with their kid.

TM: So, just so I make sure I understand: the parents come in and say, “We’re persecuted” or give some reason for asylum. They come in. And then their child or children are taken away and they’re in lockup for at least six weeks away from the kids and often don’t know where the kids are. Is that what’s happening under zero tolerance?

AC: So the idea of zero tolerance under the stated policy is that we don’t care why you’re afraid. We don’t care if it’s religion, political, gangs, anything. For all asylum seekers, you are going to be put in jail, in a detention center, and you’re going to have your children taken away from you. That’s the policy. They’re not 100 percent able to implement that because of a lot of reasons, including just having enough judges on the border. And bed space. There’s a big logistical problem because this is a new policy.

So the way they get to that policy of taking the kids away and keeping the adults in detention centers and the kids in a different federal facility is based on the legal rationale that we’re going to convict you, and since we’re going to convict you, you’re going to be in the custody of the U.S. Marshals, and when that happens, we’re taking your kid away.

So they’re not able to convict everybody of illegal entry right now just because there aren’t enough judges on the border right now to hear the number of cases that come over, and then they say if you have religious persecution or political persecution or persecution on something that our asylum definition recognizes, you can fight that case behind bars at an immigration detention center. And those cases take two, three, four, five, six months. And what happens to your child isn’t really our concern. That is, you have made the choice to bring your child over illegally. And this is what’s going to happen.

TM: Even if they crossed at a legal entry point?

AC: Very few people come to the bridge. Border Patrol is saying the bridge is closed. When I was last out in McAllen, people were stacked on the bridge, sleeping there for three, four, ten nights. They’ve now cleared those individuals from sleeping on the bridge, but there are hundreds of accounts of asylum seekers, when they go to the bridge, who are told, “I’m sorry, we’re full today. We can’t process your case.” So the families go illegally on a raft—I don’t want to say illegally; they cross without a visa on a raft. Many of them then look for Border Patrol to turn themselves in, because they know they’re going to ask for asylum. And under this government theory—you know, in the past, we’ve had international treaties, right? Statutes which codified the right of asylum seekers to ask for asylum. Right? Article 31 of the Refugee Convention clearly says that it is improper for any state to use criminal laws that could deter asylum seekers as long as that asylum seeker is asking for asylum within a reasonable amount of time. But our administration is kind of ignoring this longstanding international and national jurisprudence of basic beliefs to make this distinction that, if you come to a bridge, we’re not going to prosecute you, but if you come over the river and then find immigration or are caught by immigration, we’re prosecuting you.

TM: So if you cross any other way besides the bridge, we’re prosecuting you. But … you can’t cross the bridge.


AC: Sometimes they will tell the parent, “We’re taking your child away.” And when the parent asks, “When will we get them back?” they say, “We can’t tell you that.” Sometimes the officers will say, “because you’re going to be prosecuted” or “because you’re not welcome in this country” or “because we’re separating them,” without giving them a clear justification.

In other cases, we see no communication that the parent knows that their child is to be taken away. Instead, the officers say, “I’m going to take your child to get bathed.” That’s one we see again and again. “Your child needs to come with me for a bath.” The child goes off, and in a half an hour, twenty minutes, the parent inquires, “Where is my five-year-old?” “Where’s my seven-year-old?” “This is a long bath.” And they say, “You won’t be seeing your child again.”

Sometimes mothers—I was talking to one mother, and she said, “Don’t take my child away,” and the child started screaming and vomiting and crying hysterically, and she asked the officers, “Can I at least have five minutes to console her?” They said no. In another case, the father said, “Can I comfort my child? Can I hold him for a few minutes?” The officer said, “You must let them go, and if you don’t let them go, I will write you up for an altercation, which will mean that you are the one that had the additional charges charged against you.” So, threats. So the father just let the child go.

So it’s a lot of variations. But sometimes deceit and sometimes direct, just “I’m taking your child away.” Parents are not getting any information on what their rights are to communicate to get their child before they are deported, what reunification may look like.

We spoke to nine parents on this Monday, which was the 11th, and these were adults in detention centers outside of Houston. They had been separated from their child between May 23 and May 25, and as of June 11, not one of them had been able to talk to their child or knew a phone number that functioned from the detention center director. None of them had direct information from immigration on where their child was located. The one number they were given by some government official from the Department of Homeland Security was a 1-800 number. But from the phones inside the detention center, they can’t make those calls. We know there are more parents who are being deported without their child, without any process or information on how to get their child back.

TM: And so it’s entirely possible that children will be left in the country without any relatives?

AC: Could be, yeah.

TM: And if the child is, say, five years old …?

AC: The child is going through deportation proceedings, so the likelihood that that child is going to be deported is pretty high.

TM: How do they know where to deport the child to, or who the parents are?

AC: How does that child navigate their deportation case without their parent around?

TM: Because a five-year-old doesn’t necessarily know his parents’ information.

AC: In the shelters, they can’t even find the parents because the kids are just crying inconsolably. They often don’t know the full legal name of their parents or their date of birth. They’re not in a position to share a trauma story like what caused the migration. These kids and parents had no idea. None of the parents I talked to were expecting to be separated as they faced the process of asking for asylum.

TM: I would think that there would be something in place where, when the child is taken, they’d be given a wristband or something with their information on it?

AC: I think the Department of Homeland Security gives the kids an alien number. They also give the parents an alien number and probably have that information. The issue is that the Department of Homeland Security is not the one caring for the children. Jurisdiction of that child has moved over to Health and Human Services, and the Health and Human Services staff has to figure out, where is this parent? And that’s not easy.

Sometimes the parents are deported. Kids are in New York and Miami, and we’ve got parents being sent to Tacoma, Washington, and California. Talk about a mess. And nobody has a right to an attorney here. These kids don’t get a paid advocate or an ad litem or a friend of the court. They don’t get a paid attorney to represent them. Some find that, because there are programs. But it’s not a right. It’s not universal.

More at the link.

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