Welcome to RantCrush Top 5, where we take you through today’s top five controversial stories in the world of law and policy. Who’s ranting and raving right now? Check it out below:

Tough Week Ahead For Donald Trump?

It’s going to be an important and busy week for President Donald Trump. This morning at 10 a.m., the hearing on Russia’s meddling in the 2016 presidential election began. FBI Director James Comey testified before the House Intelligence Committee and acknowledged that there is an ongoing investigation into the matter. The FBI leader also disclosed that there’s an investigation into any collusion between Trump aides and Russians officials. Comey also said he has “no evidence” of Trump’s claims that President Barack Obama wiretapped Trump Tower. This morning, seemingly to divert attention, Trump went on a tweet storm and claimed that the Russia story is fake news.

The Democrats made up and pushed the Russian story as an excuse for running a terrible campaign. Big advantage in Electoral College & lost!

— Donald J. Trump (@realDonaldTrump) March 20, 2017

Trump also claimed that there has been contact between Russia and the Clinton campaign, a claim for which there is seemingly no evidence.

What about all of the contact with the Clinton campaign and the Russians? Also, is it true that the DNC would not let the FBI in to look?

— Donald J. Trump (@realDonaldTrump) March 20, 2017

Today is also the first day of confirmation hearings for Neil Gorsuch, Trump’s SCOTUS nominee. And on Thursday, the House will vote on the new health care plan. NBC reports that at least 17 Republican House members do not approve of the plan, so it could be a close and interesting vote.

Emma Von Zeipel

Emma Von Zeipel is a staff writer at Law Street Media. She is originally from one of the islands of Stockholm, Sweden. After working for Democratic Voice of Burma in Thailand, she ended up in New York City. She has a BA in journalism from Stockholm University and is passionate about human rights, good books, horses, and European chocolate. Contact Emma at EVonZeipel@LawStreetMedia.com.

The post RantCrush Top 5: March 20, 2017 appeared first on Law Street.

On Tuesday, the Supreme Court began hearing arguments for Hernández v. Mesa, the case of a 15-year-old Mexican national who was fatally shot while on Mexico’s side of the border by a U.S. border patrol agent.

The parents of Sergio Adrian Hernández Guereca (Hernández) are arguing that their son’s constitutional rights were violated, even though he wasn’t standing on U.S. soil at the time of his death.

Hernández was killed in Juarez, Mexico in the summer of 2010 by U.S. Border Patrol Agent Jesus Mesa Jr., who was patrolling the U.S. border on a bicycle at the time of the incident. Mesa fired his weapon through the border fence at Hernández, who was hiding behind a pillar of the Paso Del Norte bridge, killing him.

According to the amicus brief, the family says Hernández and his friends “were merely playing a game, running up the back and down the incline of the culvert and touching the barbed wire fence that separates Mexico and the United States.”

The FBI claimed that Hernández and his friends were hurling rocks at the agent, however, video footage refuted that claim.

Hernández’s parents decided to sue Mesa in federal court, but the district court dismissed the claim. The case was then appealed to the 5th Circuit of Appeals, which also sided with Mesa. The family then appealed to the Supreme Court, which agreed to take the case in October of last year.

With Justice Antonin Scalia’s seat still vacant and Trump’s nominee, Judge Neil Gorsuch, still waiting for his Senate hearings to begin next month, we could very well have a 4-4 split decision–the court has been operating with only eight justices for just over a year. In the event of a tie, the court would defer to the lower court’s ruling that favors the agent.

But this isn’t the first time this type of case has been argued in court. An eerily similar shooting occurred in 2012 in Arizona, when a U.S. Border Patrol agent shot 16-year-old Jose Antonio Elena Rodriguez 10 times in the back and head through the slats of the border fence.

Rodriguez was also accused of throwing rocks at agents across the border and endangering their lives, but witnesses on the Mexico side claimed Elena Rodriguez was walking down the street when the other youths ran past just before the shooting started.

Following the shooting, Elena Rodriguez’s family and the ACLU filed a civil lawsuit against Agent Lonnie Swartz in the U.S. District Court in Tucson. The judges said they would not rule until after the U.S. Supreme Court decides on Hernandez v. U.S.

The cases “involve almost identical legal issues,” said attorney Sean Chapman, who represents Swartz in both the criminal and civil cases.  “That’s what is interesting about it…It’s incredibility similar to the Rodriguez case in Arizona. I’m waiting to see what they do.”

If SCOTUS deadlocks, the 5th U.S. Circuit Court of Appeals ruling that Guereca’s family cannot sue the Border Patrol agent in the U.S. would stand in the 5th Circuit. Then the 9th Circuit may rule on the Elena Rodriguez case, Chapman said.

Alexis Evans

Alexis Evans is an Assistant Editor at Law Street and a Buckeye State native. She has a Bachelor’s Degree in Journalism and a minor in Business from Ohio University. Contact Alexis at aevans@LawStreetMedia.com.

The post SCOTUS Weighs Case of Teen Shot in Mexico by U.S. Border Patrol appeared first on Law Street.

The White House is pushing back against claims that President Trump is considering a proposal to mobilize as many as 100,000 National Guard troops to round up unauthorized immigrants.

According to an 11-page draft memo obtained by The Associated Press, governors in 11 states, including some that are not along the U.S.-Mexico border, would have the choice to have their guards participate in the roundup. The deportation measure would act in conjunction with Trump’s executive order on immigration and border security signed on January 25.

The AP originally reported that the memo from U.S. Homeland Security Secretary John Kelly, a retired four-star Marine general, was addressed to the then-acting heads of U.S. Immigration and Customs Enforcement and U.S. Customs and Border Protection. Vice published a copy of the memo obtained by the AP.

Trump weighs mobilizing National Guard to round up unauthorized immigrants in 11 states. https://t.co/0lLvP59GZU pic.twitter.com/UJXfJslnqy

— AP Interactive (@AP_Interactive) February 17, 2017

White House Press Secretary Sean Spicer categorically denied the AP report, calling it “100 percent not true” and “irresponsible.” He said, ”There is no effort at all to utilize the National Guard to round up unauthorized immigrants.”

However, conflicting reports are coming out of the Department of Homeland Security. A DHS spokesperson contends that the pre-decisional draft never made it to Secretary Kelly’s desk and was never seriously considered by the agency. But staffers from the department told the AP that they discussed the proposal as recently as last Friday.

As the document’s validity continues to be investigated, it’s important to consider the substantial impact it would have if implemented. Nearly one-half of the 11.1 million people residing in the U.S. illegally live in the 11 states–California, Arizona, New Mexico, Texas, Oregon, Nevada, Utah, Colorado, Oklahoma, Arkansas, and Louisiana–according to Pew Research Center estimates using 2014 Census data.

The leaked proposal comes as the Trump administration hurriedly attempts to save face after the swift demise of its unconstitutional and discriminatory immigration ban. Last week, ICE agents arrested 680 people in raids across the country, which Secretary Kelly later called “routine.” While National Guard personnel have helped with immigration enforcement on the border before, this action would increase their involvement significantly.

Alexis Evans

Alexis Evans is an Assistant Editor at Law Street and a Buckeye State native. She has a Bachelor’s Degree in Journalism and a minor in Business from Ohio University. Contact Alexis at aevans@LawStreetMedia.com.

The post White House Denies Plans to Deploy National Guard for Immigration Roundups appeared first on Law Street.

U.S. Customs and Border Patrol agents on the Texas-Mexico border seized nearly 4,000 pounds of marijuana disguised within a commercial shipment of key limes. Yes, limes.

Border officers in Texas find nearly 2 tons of weed camouflaged as limes https://t.co/EPxhrjJNBH pic.twitter.com/FlYxZYnNmU

— CNN (@CNN) February 8, 2017

According to a CBP press release, the drugs were discovered on January 30 at the Pharr International Bridge cargo facility inside of a 2001 Freightliner tractor trailer. With the help of a non-intrusive imagining system and canine team, CBP officers located 34,764 lime-shaped bundles weighing a total of 3,947 pounds.

“This is an outstanding interception of narcotics,” Port Director Efrain Solis Jr. said in a statement. “Our CBP officers continue to excel in their knowledge of smuggling techniques which allows them to intercept these kinds of attempts to introduce narcotics into our country.”

The drugs are valued at approximately $789,467.

But even with the help of imagining equipment and drug sniffing dogs, it should have been pretty obvious to the agents that these lumpy green sacks weren’t limes.

Smugglers tried to fool Border Patrol agents with weed disguised as limes: https://t.co/TpZXJlki11 pic.twitter.com/56BzrxCjao

— VICE (@VICE) February 8, 2017

Apparently, this isn’t the first time smugglers have used fake food to hide narcotics. Last year agents confiscated 2,493 pounds of marijuana stuffed inside of pseudo-carrots entering from Mexico at the same border crossing.

So if you happen to be a drug smuggler living in Mexico with a penchant for stuffing marijuana inside fake fruits and veggies, you should seriously try a different tactic…or maybe learn what a lime actually looks like.

Alexis Evans

Alexis Evans is an Assistant Editor at Law Street and a Buckeye State native. She has a Bachelor’s Degree in Journalism and a minor in Business from Ohio University. Contact Alexis at aevans@LawStreetMedia.com.

The post Border Patrol Seizes Nearly 4,000 Pounds of Weed Disguised as Limes appeared first on Law Street.

Hey y’all!

I have always been partial to the ‘Don’t Mess With Texas’ slogan; it gives a good heads up to anyone who wants to break the law or cause a ruckus in this great state! Osiel Cárdenas Jr., however, apparently did not get that memo.

Osiel Jr., son of former drug lord Osiel Cardenas Guillen, was reportedly arrested by U.S. Customs and Border Patrol agents after they discovered nearly 500 rounds of ammunition and tactical weapons gear hidden in different parts of his sweet Cadillac Escalade SUV. Junior was attempting to cross a bridge going over the Rio Grande that connects South Texas to Mexico but got caught. He admitted to the items being his and to knowing that it was illegal to smuggle them into Mexico. What a winner–his dad must be so proud.

The inspection of the Cadillac Escalade SUV uncovered 290 rounds of 9mm ammunition, 161 rounds of .223 caliber ammunition, 29 rounds of 7.62 mm ammunition, two .223 rifle magazines, and other tactical weapons gear hidden in various parts of the car that included the glove box, center console, and a factory compartment behind the stereo buttons. A pat down of Osiel Jr. also brought to light 14.2 grams of marijuana hanging out in his underwear. That’s a strange place to keep your pot but hey, to each his own.

Osiel Cárdenas Jr. is scheduled for a hearing at a detention center tomorrow. The realities of smuggling across the border are real. If that is going into Mexico I can only wonder what is being brought into the states that we know nothing about. Border Patrol is a vital part of keeping this country safe and a lot of that comes through Texas.

Allison Dawson

Allison Dawson was born in Germany and raised in Mississippi and Texas. A graduate of Texas Tech University and Arizona State University, she’s currently dedicating her life to studying for the LSAT. Twitter junkie. Conservative. Get in touch with Allison at staff@LawStreetMedia.com.

The post Son of Drug Kingpin Busted for Smuggling Weapons, Drugs at Border appeared first on Law Street.

In Arizona, if you are within 75 miles of the Mexican border, you might just come across a “temporary” border control checkpoint. The goal of these checkpoints is to help control drug trafficking and stop illegal immigration. But the legality of these checkpoints, and what the Border Patrol agents are actually allowed to do is far from clear. The American Civil Liberties Union has now filed an administrative complaint with the Department of Homeland Security on behalf of 15 individuals who claim that their constitutional rights have been violated at checkpoints in Arizona.

Of the individuals involved in the ACLU complaint, the majority say they were never asked about their identity, the supposed purpose of the checkpoints. Some of the complainants claim they were held for over half an hour for not giving the Border Patrol officer consent to search their cars. Other complaints include a gun being pulled on a individual, and the Border Patrol agents attempting to take someone’s cell phone. If these allegations are true, they most likely violate the existing laws on checkpoints.

The highest court of the land has only ruled on interior checkpoints once, almost forty years ago, in United States v. Martinez-Fuerte. Amado Martinez-Fuerte was transporting two illegal immigrants when he was stopped at a fixed interior checkpoint in Southern California. When asked, the two illegal immigrants admitted to their status. Martinez-Fuerte reacted by suing, saying that the checkpoint violated his Fourth Amendment right to not be subject to unreasonable searches. SCOTUS ruled that his rights were not violated, because if there is a reasonable collective suspicion, then individuals can be searched in the interest of public safety. The court stated that Border Patrol agents could briefly question and ask people for identification, without individual suspicion, if they’re at reasonably located checkpoints. The court did not give the Border Patrol the right to search vehicles or occupants without probable cause. The question in Arizona today is if the Border Patrol is abiding by this ruling.

It seems like this administrative complaint may lead to a new look at our laws. These checkpoints have expanded their focus to include more work in drug control, instead of just looking for illegal immigrants. This is problematic because Martinez-Fuerte only serves as a precedent for checkpoints searching for illegal immigrants. Currently at checkpoints, vehicles are examined by drug-sniffing dogs. In Illinois v. Caballes, the Supreme Court ruled that a drug-sniffing dogs could be used during a routine traffic stop, but no court has explicitly ruled that they can be used at Border Patrol checkpoints.

Furthermore, in 2000, the Supreme Court ruled that using these checkpoints for general law enforcement acts violates the Fourth Amendment. James Duff Lyall, the attorney who filed the complaint stated:

The restrictions in the Martinez-Fuerte ruling don’t mean that agents have to turn a blind eye to obvious evidence of drugs or crime, but if you have cases where people are not even being asked about residency status, it raises serious questions about the legitimacy of these checkpoints.

In 1976, the Supreme Court made the Martinez-Fuerte ruling because they felt that in an area with a high number of illegal immigrants, it was not unreasonable to have ID checkpoints on major roads. Using that logic as precedent, I think that it could be argued that due to the large amount of narcotics crossing the border, it is not unreasonable to have cars drive through a checkpoint where drug-sniffing dogs are present. However, there’s no legal basis for that argument yet, and this is not an excuse for the unreasonable searches that the ACLU is alleging are taking place. If the point of these checkpoints is to find drugs, a car should only have to stop for a few moments while the dog sniffs, and then be allowed to move on. Anything beyond that, or a simple examination of a person’s ID, is a violation of the Fourth Amendment. The Border Patrol in Arizona needs to realize this if they want to keep operating their checkpoints.

—

Matt DeWilde (@matt_dewilde25) is a member of the American University class of 2016 majoring in politics and considering going to law school. He loves writing about politics, reading, watching Netflix, and long walks on the beach. Contact Matt at staff@LawStreetMedia.com.

Featured image courtesy of [Ken & Sharon Lotts via Flickr]

Matt DeWilde

Matt DeWilde is a member of the American University class of 2016 majoring in politics and considering going to law school. He loves writing about politics, reading, watching Netflix, and long walks on the beach. Contact Matt at staff@LawStreetMedia.com.

The post Interior Checkpoints in Arizona Draw Complaints appeared first on Law Street.

“Don’t call me illegal, because I am not, illegal are your laws, and that’s why I’m not leaving.” A group of thirty undocumented youth chanted this rallying cry in the city of McAllen, Texas, while wondering if they had left behind their families and traveled hundreds of miles for just a fleeting glance of America. Jose Antonio Vargas is a reporter who traveled to McAllen to cover this vigil, and for him, it’s personal. He has had much more than a glance of life in America, calling himself the “most privileged” undocumented immigrant in the country. He has written for the New York Times Magazine and TIME Magazine about his experiences, and directed a recent documentary on the immigration issues facing this nation. He has traveled around the country for over three years, with his seemingly American identity and the media recognition he draws keeping him safe from deportation. But now, in McAllen, he may be no different than the undocumented children whose stories he is reporting.

Vargas went to McAllen to cover the vigil for the undocumented children, and to report on shelters set up by citizens of the town. Shortly after his arrival, he began receiving emails from friends asking him how he planned to get out, considering the checkpoints that were set up outside of the town and the airport. Vargas usually flies on his Filipino passport, but these checkpoints require proof of citizenship to pass. Vargas has now been arrested, and like those undocumented children, what will happen to him remains to be seen.

The crisis in McAllen

There are currently waves of undocumented immigrants flooding into Texas, mainly composed of children. McAllen, one of the cities most hard hit, has responded to this crisis in a way that should make Americans proud. Long before the federal government stepped in to help aid the massive influx of immigrants, the people of McAllen answered the call. Local residents began giving out supplies and aid to immigrants at the local bus station, where the children would often be stranded for hours or even days. Makeshift shelters began operating out of the trunks of cars and the basements of churches. The Rio Grande valley, where McAllen is located, has seen a 178 percent increase in the number of migrant workers the past few months. The federal government was not prepared for this and still is not–shelters remain a poorly met necessity in McAllen. But McAllen has answered the call, with volunteers exceeding the number needed on some days.

But the great work the people of McAllen are doing is not without protest. Outside the shelters housing these children are signs declaring that they should be sent home. It is currently legal for the government to send children to live with relatives, family friends, or a foster family until the children face a deportation hearing, which can sometimes take years. At these hearings the judges will have the authority to allow the children to stay or send them home. But many are saying that Obama has the authority to send these children home and should do so. This crisis has quickly become a frantic flashpoint in American politics, with politicians, pundits, and the media all chiming in.

One politician arguing for deportation is Texas Governor Rick Perry. He says, “allowing them to remain here will only encourage the next group of individuals to undertake this dangerous and life-threatening journey here.” Others have said the children should be allowed to stay, especially considering the dangers they face back home. In a surprise move, conservative pundit Glenn Beck has been a huge advocate for allowing the children to stay. In perhaps the one of the wisest statements Beck has ever made, he said, “I’ve never taken a position more deadly to my career than this — and I have never, ever taken a position that is more right than this.”

A change does need to be made because the current system is far to slow to deal with the influx of child immigrants, but that does not mean the solution is to send them back. These children have left places that are ravished by poverty and gang violence. Sending them back could be akin to authoring their death sentences. It’s clear that the people of McAllen have put politics aside to help these children. It would be nice if politicians would do the same.

Jose Vargas: the “most privileged” undocumented immigrant 

So back to Jose Vargas, the celebrity journalist whose story is now inextricably linked with the children who have arrived at our borders. Jose Vargas is now being detained in the McAllen Border Control Headquarters. He was arrested trying to fly out of a local airport. Vargas, almost better than anyone, knew the risk he was taking, as the Border Control was publicly checking IDs at the airport. He tweeted the incident as seen below:

About to go thru security at McAllen Airport. I don’t know what’s going to happen. For updates follow @DefineAmerican & @MAC_UTPA

— Jose Antonio Vargas (@joseiswriting) July 15, 2014

The only IDs I have for security: Philippine passport and my pocketbook US Constitution @DefineAmerican & @MAC_UTPA pic.twitter.com/IFH0Vb4oX7

— Jose Antonio Vargas (@joseiswriting) July 15, 2014

Here's a photo of @joseiswriting in handcuffs, because the Border Patrol has nothing more pressing to do apparently pic.twitter.com/dN8KewqeZr

— Ryan Grim (@ryangrim) July 15, 2014

Considering what Vargas knew, combined with the way he tweeted before going through security, it seems as if he expected to get arrested. It seems that he is trying to prove a point, or perhaps is just trying to draw attention to the situation. If that is the case, he has succeeded–social media and news networks have been all over his arrest. And if he were to be deported, that would be a even bigger story and rallying cry for his supporters.

If this was done on purpose, Vargas has positioned himself to have a huge political impact on the current humanitarian crisis. He may be able to be the voice that these children don’t have. He is showing the world that undocumented immigrants don’t all look the same. It’s an issue that affects all of us. Hopefully his actions have a real world impact–because something needs to be done in Texas.

Update: Jose Antonio Vargas has been released by the Texas Border Control, with an order to appear in front of an immigration judge. There has been no notable progress on the statuses of the thousands of children in McAllen.

—

Matt DeWilde (@matt_dewilde25) is a member of the American University class of 2016 majoring in politics and considering going to law school. He loves writing about politics, reading, watching Netflix, and long walks on the beach. Contact Matt at staff@LawStreetMedia.com.

Featured image courtesy of [Otzberg via Flickr]

Matt DeWilde

Matt DeWilde is a member of the American University class of 2016 majoring in politics and considering going to law school. He loves writing about politics, reading, watching Netflix, and long walks on the beach. Contact Matt at staff@LawStreetMedia.com.

The post Stuck in McAllen: Jose Vargas and the Texas Immigration Crisis appeared first on Law Street.

Hey y’all!

President Obama will be coming to Texas today. Yippee! Thankfully he doesn’t plan to come to Houston so I don’t have to worry about the traffic jam disasters he tends to create. We Houstonians have to deal with horrible traffic day in and day out so having that additional stress just makes us less friendly.

Let’s get to the more important stuff: President Obama, Governor Rick Perry, and immigration. So much has come out about these three in the last couple of days that it is making me mad.

But first I want to address the petty topic that Governor Perry has declined shaking President Obama’s hand when he hits the mean Texas tarmac. When I first read this headline I thought, “Oh great, something else for Democrats to grab on to and slander Texas and Republicans with,” but once I read the blurb that went along with that headline it actually makes sense. I love Governor Perry and although I don’t agree with him on everything, I do agree with him on not wanting to simply shake Obama’s hand and take a few pictures. Despite our differences you should always show respect to our Commander in Chief (until Texas secedes from the Union — though we all know that isn’t legal or likely). But if our good ol’ President is going to come to Texas he should probably squeeze in a little time to talk to the Governor and see what’s going on at the border instead of hitting up Democratic party circuit. Squeeze in reality for a few hours sir, you might look like you care about what’s happening down here.

Moving on to something a bit closer to home and a little more important: a Houston Independent School District (HISD) middle school is being considered as housing for immigrant children. I am the product of a HISD education — a craptastic one at that — and my intelligence and creativity come from hard work and influences outside of the HISD realm, but I still feel it is necessary to share that tiny bit of information. HISD is the largest school district in Texas, seventh largest in the United States, and it has 282 schools. Yes nearly three hundred schools, but how many of those are actually in use?

HISD was so kind as to give Homeland Security officials a nice little tour of an abandoned middle school in the Houston area. Why would Homeland Security want to come visit an abandoned school, you ask? Well it’s because this building is being considered for housing for undocumented children who have crossed the Texas-Mexico border in recent months. Most of these kids crossed the border illegally and alone, which has now turned into another issue that the U.S. is being forced to handle. Typically Border Patrol is required to transfer all unaccompanied children over to the federal Office of Refugee Resettlement within 72 hours, but because so many children — 52,000 since October 2013 — have crossed the border it is taking more time and resources to house all of these illegal children. Surprisingly by law, all illegal alien children who are not from Mexico cannot be immediately deported without an additional investigation to ensure that these children are not victims of sex trafficking.

It was news to me to find out that Terrell Middle School, the site of the tour, had been closed since 2001 and is now simply a storage unit for the district. So instead of taking the hard-earned tax dollars of Houston locals and putting them into keeping Terrell as a school, people like Congresswoman Sheila Jackson Lee and the higher ups within HISD feel it is okay to turn it into a housing facility for children. I have never been a fan of Congresswoman Lee and certainly have very little respect for anyone at HISD, but this is getting a little bit ridiculous. Allowing an abandoned school to go unused is infuriating, but then to turn it into federal housing is even worse. Yes, these children need a place to stay but it is not the responsibility of a school district to house children and the federal government should probably get its act together and do what needs to be done. Terrell could be reopened had HISD used a little bit of a $1.9 BILLION bond to update it instead of just letting it sit there while they tear down and rebuild schools that really don’t need to be renovated or rebuilt altogether.

What else could the abandoned middle school be used for instead of just housing for immigrant children and storage for HISD? Well, the school could be torn down and the property sold to a private investor to create more housing or a shopping center for the area. Or even use the land as a sports arena. At the end of my neighborhood is a parcel of HISD property that is all baseball fields rented out to a local little league association for $1 a year. HISD doesn’t even care to profit from what it already owns. The building could be turned into a public library, police station, or even a community center. Allowing the 14.5 acres to be used in a way that is beneficial to the city of Houston is much more ideal than allowing it to be turned into storage or federal housing for undocumented children.

Everyone knows that getting anything done by the government is like watching paint dry. Slow and painful. And can I ask why President Obama declared back in June that we have an “urgent humanitarian situation” at our border? This is not something new; this has been going on for decades. Sometimes I wonder where the President has been all of these years. I’ve seen the statistics: there have been a larger number of border crossings in the last year but there is a reason for that. I partially blame how bad it is getting south of the border, but I also blame how relaxed we have become about our borders without even realizing it.

I may come across a bit heartless, but I don’t believe in a handout and I don’t believe that just because you cross the border into the United States that you are automatically allowed to live here, even if you are a child. There are laws and regulations that need to be upheld. The first step to becoming an American is to respect the United States.

—

Allison Dawson (@AllyD528) Born in Germany, raised in Mississippi and Texas. Graduate of Texas Tech University and Arizona State University. Currently dedicating her life to studying for the LSAT. Twitter junkie. Conservative.

Featured image courtesy of [Debi Fitzsimmons via Flickr]

Allison Dawson

Allison Dawson was born in Germany and raised in Mississippi and Texas. A graduate of Texas Tech University and Arizona State University, she’s currently dedicating her life to studying for the LSAT. Twitter junkie. Conservative. Get in touch with Allison at staff@LawStreetMedia.com.

The post Obama, Perry, and the Crisis at the Texas Border appeared first on Law Street.

Immigration has long been a pressing issue in the United States. The debate has taken a new turn following a drastic increase in unaccompanied children from Central America trying to cross the border illegally. Current facilities for children are not equipped to handle this surge, and immigration courts are already backlogged. Why are children flocking to the United States in the first place, and what is the appropriate action for dealing with the crisis?

Who are illegal child migrants?

“Unaccompanied alien children,” who are generally defined as any unmarried person under 18 years of age illegally coming to the United States without an adult. The recent surge of child migrants from Guatemala, Honduras, and El Salvador has sparked major concern. Most of the children apprehended range from ages 14 to 17, but more recently the children are even younger. Kids coming to United States by themselves are a particular cause for concern since they are more vulnerable and susceptible to harm. Oftentimes, these children are trying to find family members that currently reside in the United States. Honduras’ President Juan Orlando Hernández described the children fleeing to the United States as war refugees, and the Obama administration has recently termed the escalating situation to be an “urgent humanitarian crisis.”

Where are the child migrants coming from?

Children from Guatemala, Honduras, and El Salvador account for more than 90 percent of those now in government shelters. Children from Mexico continue to illegally enter the United States, but apprehended children from Mexico are immediately returned to Mexico rather than housed in shelters. The problem now is how to shelter all the children coming from Central America. The graph below shows the scope of the growing problem in the past few years:

According to Border Patrol statistics and a UNHCR Report, the United States saw a 92 percent increase in child migrants ages 18 and under from a year ago, and a fivefold increase since 2011. In the 2011 fiscal year , roughly 4,059 kids from Guatemala, Honduras, and El Salvador entered the United States unaccompanied. By 2013 fiscal year, that number rose to 21,537 kids. This year, 52,000 children were apprehended at the southwest border from October 1, 2013 to June 15, 2014. The Obama administration anticipates that number to rise to 90,000 before the end of the fiscal year in September. Next year’s estimates show the number of children illegally entering the United States from Central America could soar to as much as 130,000. Last year, fewer than 2,000 of these children were returned to their home countries.

Why are they coming?

A variety of factors contribute to children seeking to enter the United States, and debate surrounds exactly what has driven the children to cross the border.

Violence

Many say civil unrest and gang activity; drug-fueled violence in Central America has led to an influx of children coming to the United States. Parents may feel that the children are not safe at home, more likely to join gangs, or  be subjected to violence. Others have family already in the United States that they are trying to reach. When interviewed, many children cited violence as reasons for leaving their country rather than any knowledge of U.S. immigration policy.

Lax Immigration Policy

Others, including Congressman Bob Goodlatte and House Speaker John Boehner, say that children are coming with the belief that the United States will not push deportation. Some interview-based studies cite that many women who entered the country with children believed the law would allow them to secure a “permiso”, or pass to stay in the county indefinitely. Conservatives blame the 2012 Deferred Action on Childhood Arrivals Policy (DACA), which exempts many undocumented immigrants brought to the country as children from deportation for two-year renewable periods. Recently the White House is trying to make clear that children who have recently crossed the border illegally are not eligible for legal status under the DACA program, since it only applies to immigrants who arrived in 2007 or earlier. Immigrants would not even qualify for the Senate’s recent immigration plan, where the eligibility cutoff was the end of 2011. On June 20, 2014, Vice-President Joe Biden traveled to Guatemala to meet with Central American governmental leaders in an effort to secure their support in dispelling rumors that those who cross the U.S. border illegally would not be deported. Whether or not immigrants are influenced by DACA remains contested, but there is little dispute that those in Central America believe unaccompanied children are more likely to be allowed to stay in the United States.

What does the United States do with the children?

Border officials are overwhelmed since the United States lacks appropriate facilities for the surge of children being apprehended. Children crossing the border are treated differently than adults and are not placed in immigration detention, but in shelters. The laws for processing unaccompanied, illegal children differ from those of adults due to the 2002 Homeland Security Act and the 2008 Trafficking Victims Protection Reauthorization Act. The Act was designed to protect children and address concerns involving human trafficking for vulnerable, unaccompanied children. All unaccompanied child migrants not from Mexico have to be screened, housed, and then transferred to the care of the Office of Refugee Resettlement (ORR) under the Department of Health and Human Services (HHS).

Border facilities have been struggling to supply enough food, beds, and sanitary facilities for the incoming children. Watch the strain on these facilities below:

By law, children can only be held at border facilities for 72 hours before they are transferred to the care of ORR. Due to the recent surge, many children have been held for longer than 72 hours. Border officials are caring for the children rather than spending time apprehending those crossing the border. Many agree the situation is far from ideal. Various reports of abuse in the system have surfaced, and children complain of being denied medical care or being kept in ice-cold holding cells.

ORR is tasked with administering long-term shelters and finding relatives of the children in the United States. Roughly 100 permanent shelters exist and all are currently filled to capacity. Authorities have been forced to open three temporary shelters at military bases in Texas, Oklahoma, and California (CNN). According to Vox, for some 90 percent of children, a relative can be found. Others remain in long-term care or foster homes until their case works its way through the immigration courts. It is possible some of the children could qualify for asylum or some sort of humanitarian protection. However, the minors lack legal representation which would help them obtain such protection, since unaccompanied children are not granted counsel in court proceedings. Many of the released children fail to even show up for their court date. The Department of Homeland Security released a helpful infographic to convey the entire process.

What has the United States done to deal with the problem?

The United States now faces two major issues:

1. What to do with the thousands of children who are need to be sheltered?
2. What to do to stem the future tide of unaccompanied child migrants from Central America?

Solution to the Current Problem

Aside from creating more temporary shelters, President Obama has called for a response through a new Unified Coordination Group. The Group was created to leverage federal resources to provide humanitarian relief using branches of the Department of Human Services and the Federal Emergency Management Agency (FEMA). The President announced a “surge” of immigration officials at the border and sent more immigration judges to Texas to help with backlogged cases.

Preventing future problems

The more difficult issue is how to prevent an influx of children going forward. Biden’s meeting in Guatemala was aimed at preventing false rumors about U.S. immigration policy to make clear that children crossing the border illegally will be deported. Watch for more on Biden’s visit below:

The United States also plans to aid Central American countries to prevent drugs, gangs, and violence while improving security. So far, the United States has announced over $80 million in aid to Guatemala, Honduras, and El Salvador. Legislation providing $2.28 billion in funds to handle the food, housing, and transportation of illegal children has advanced in Congress – an increase of $1.4 billion from the Obama administration’s original funding request.

Are there any other solutions?

If billions of dollars are provided to federal agencies and more immigration judges are sent to the Southwest, it is likely to reduce the strain of the current crisis. Some still call for stronger legislation regarding child immigration, but it would be difficult to pass a law specifically hard on children. Others in Central America shift the blame to the United States for lax drug policy which fuels the drug trade and generates violence. Some, such as Department of Homeland Security Secretary Jeh Johnson, suggest the United States should launch a campaign in Central America to warn of the dangers of illegal immigration. The problem, as with any refugee situation, is that such campaigns have little effect if the dangers children are trying to evade are much greater than any posed by the United States. Providing aid to Central American countries to assist with safety, security, and aid for at-risk youth all provide a good starting place. However, the United States must first resolve what to do with all of the children already in the country.

Resources

Primary

State Department: Trafficking Victims Protection Reauthorization Act of 2008

White House: Unaccompanied Children from Central America

US Customs and Border Protections: Southwest Border Unaccompanied Alien Children

Additional

The New York Times: As Child Migrants Flood to Border, U.S. Presses Latin America to Act

Vox: Thousands of Children are Fleeing Central America to Texas – Alone

UNHCR: Children on the Run: UNHCR Report

Mother Jones: Why are More and More Children Walking Across the Border?

US News: Obama Calls Spike in Unaccompanied Children Crossing the Border

LA Times: Enforcement Alone Can’t Stop Surge in Child Migrants

CBS: Thousands of Illegal Immigrant Children Will be able to Attend Public Schools

KIND: A Treacherous Journey: Child Migrants Navigating the U.S. Immigration System

CNN: Daniel’s Journey: How Thousands of Children are Creating a Crisis in America

Huffington Post: These are the Real Reasons Behind our Humanitarian Crisis

AP: Obama: Child Migrants ‘Urgent Humanitarian Issue’

Alexandra Stembaugh

Alexandra Stembaugh graduated from the University of Notre Dame studying Economics and English. She plans to go on to law school in the future. Her interests include economic policy, criminal justice, and political dramas. Contact Alexandra at staff@LawStreetMedia.com.

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