The Law Regarding Unaccompanied Immigrant Minors

Since October of 2013, 52,000 children from Central America have been apprehended crossing the US-Mexico border illegally.  They are coming here by themselves.  It’s just one more piece in the larger immigration debate that seems to have quieted down until after the November election.

Republicans in Congress are quick to point the finger at the Obama administration.  Two years ago, the Obama administration decided to defer deporting certain young immigrants who met certain criteria and have been living in the states continuously since June 2007.  But as usual with partisan rhetoric, they are missing half of the debate.

FT_14_06_06_UnaccompaniedChildren_mapIn 2008, Congress passed the William Wilberforce Trafficking Victims Protection Reauthorization Act (TVPRA), which the Senate passed by unanimous consent, and was signed by President George W. Bush.  Though the law’s main intent deals with human trafficking, it did contain a section that deals with children arriving in the US illegally unaccompanied by an adult.

Children from Mexico are returned immediately, as they would be if they were an adult apprehended illegally entering the US.  However, children from a non-contiguous nation such as those in Central America have a different process.  The children must be turned over to the Department of Health and Human Services which is in charge of their care, finds them safe housing, and apprises them of their legal rights as their immigration cases are decided.  Deportation proceedings can take time as immigration courts are generally backed up.

Republicans, who in recent weeks have been claiming that the Obama administration is not enforcing the laws passed by Congress, are actually demanding that the President not enforce the TVPRA and send the children back to their home countries immediately without any deportation hearings as would happen if they had come from Mexico.

Last week President Obama signaled a willingness to do so but only if Congress modified the TVPRA to allow him to do so.  The leadership of both the House and the Senate do not seem to be interested in changing the current law, and as of July 7, the Obama administration has backtracked a little though it still would like more authority to act.  Until the law is changed, the children that have come here have to go through the process outlined by the TVPRA.  President Obama does plan to ask Congress for an extra $2 billion in extra funds to deal with the situation.

In the debate surrounding these children, it should be noted that they are not refugees or seeking asylum which would be completely different.  Asylum and refugee are special legal protections only available to people have fled their home countries out of fear and cannot return and can only be sought once they have entered the US.  There are strict requirements that a person must show in order to be granted those protections.

And though we debate this issue now in regards to Mexicans and those from Central America countries, this is not the first time we as a nation have had this discussion.  In the mid 19th-century, it was over Irish immigrants.  Most were processed legally through Ellis Island but the same arguments that were used then are still being used today against legal and illegal immigrants.

In the end, the TVPRA is the law that was passed by Congress that President Obama is to enforce.  If Republicans in Congress have a problem with that, then they need to change the law instead of telling the President not to enforce it.  Isn’t that the problem they have with him anyway?  This doesn’t come as a result of a DREAM Act.  It comes from congressional inability to deal with our broken immigration system in terms of those wanting to come here legally, and what to do with those that enter illegally.

Abraham Lincoln once said, “The best way to get a bad law repealed is to enforce it strictly.”  Regardless for now, as we detain these illegal immigrant children, we need to treat them humanely until they are eventually returned to their countries of origin.  If Republicans want this process to be sped up, then they need to revise the TVPRA to allow it to be done.

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7 Responses to The Law Regarding Unaccompanied Immigrant Minors

  1. Brittius says:

    Reblogged this on Brittius.

  2. OmahaNews.com says:

    Reblogged this on Omaha News & World Report.

  3. Paul Lemmen says:

    Reblogged this on Dead Citizen's Rights Society.

  4. Pingback: The Kenya Kid on the job - Deports 40 illegals!!! - US Message Board - Political Discussion Forum

  5. Beats By Dr Dre says:

    I couldn’t resist commenting. Well written!

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