Senate Joint Resolution No. 31

Introduced by Senators Torres, Corbett, De León, Hernandez, Hueso, Jackson, Lara, and Steinberg

(Coauthors: Assembly Members Alejo, Bocanegra, Campos, Eggman, Gonzalez, Roger Hernández, Holden, Medina, Perea, Rendon, and Rodriguez)

August 6, 2014

Senate Joint Resolution No. 31—Relative to immigration.

LEGISLATIVE COUNSEL’S DIGEST

SJR 31, as introduced, Torres. Immigration: unaccompanied minors.

This measure would urge the President and Congress of the United States to take specified action and adopt specified policies designed to protect unaccompanied minors immigrating to the United States.

Fiscal committee: no.

WHEREAS, An unprecedented number of unaccompanied
minors from Central America have migrated into the United States
at the Mexican border, creating a humanitarian crisis and requiring
immediate action by the Administration and Congress of the United
States; and

WHEREAS, According to United States Customs and Border
Protection, the United States government has apprehended
approximately 52,000 unaccompanied minors so far this fiscal
year and expects to apprehend at least 90,000 by the end of
September; and

WHEREAS, As of the end of May, 2014, the United States
Border Patrol had apprehended more unaccompanied minors than
in any of the previous five years, and almost twice as many
unaccompanied minors as in the 2011-12 fiscal year; and

WHEREAS, Although unaccompanied minors have been
entering the United States through the southwest border for years,
the surge in the last several months has overloaded border patrol
stations and detention facilities; and

WHEREAS, This upsurge in unaccompanied minors has created
the need for more housing and legal services; and

WHEREAS, Currently, about 76 percent of unaccompanied
minors apprehended are from Honduras, El Salvador, and
Guatemala, and the remaining 24 percent are from Mexico; and

WHEREAS, In the 2012-13 fiscal year, 73 percent of the
unaccompanied minors were male and 27 percent were female,
and 76 percent were over 14 years of age; and

WHEREAS, The average length of stay in immigration detention
facilities was 61 days between the 2007-08 and 2009-10 fiscal
years, while the current reported average stay is 35 days; and

WHEREAS, Many of the laws and procedures regarding
unaccompanied minors were developed to protect children from
human trafficking and other threats of violence; and

WHEREAS, By law, immigration cases involving
unaccompanied minors are focused on the welfare of the child,
rather than detention, and the United States Department of Health
and Human Services (HHS) must place the children in the “least
restrictive setting” possible; and

WHEREAS, Unaccompanied minors from contiguous countries,
such as Mexico and Canada, may elect to return to their county of
origin when apprehended at the border or enter the immigration
system, but they are not automatically taken into custody; and

WHEREAS, Unaccompanied minors from noncontiguous
countries are automatically taken into custody, but are still subject
to immigration proceedings and potential deportation; and

WHEREAS, A recent report from the United Nations High
Commissioner for Refugees found that a majority of
unaccompanied minors whom they interviewed that have been
apprehended at the southwest border, many from Honduras, El
Salvador, and Guatemala, were fleeing instances of extreme
violence such as drug cartels and gang activity. Others are victims
of human trafficking or were living in poverty and are attempting
to reunite with family members already in the United States,
traveling alone, crossing mountains and deserts, and facing
unknown dangers and harm along their journey; and

WHEREAS, The United States has always been a leader in
providing care and assistance to those in danger and in need; and

WHEREAS, Congress unanimously passed the Trafficking
Victims Protection Reauthorization Act of 2008, which continued
a long history of establishing procedures that fairly and safely
repatriate unaccompanied minors to their home countries; and

WHEREAS, The United States must recognize this is a
humanitarian crisis impacting young and innocent children. These
children have lost their childhood and everything they know,
including their parents; and

WHEREAS, As an international leader in the humane treatment
of individuals, the United States has a responsibility to treat these
children humanely and ensure that those who have arrived alone
have a safe place to stay; and

WHEREAS, Addressing the issue of unaccompanied children
will require cooperation from all branches of the United States
government and appropriate funding to respond to the crisis in a
humanitarian and child protection-focused manner; now, therefore,
be it

Resolved by the Senate and the Assembly of the State of
California, jointly, That the Legislature urges the President and
Congress of the United States to focus resources on protecting
unaccompanied children immigrating into the United States from
harm, uphold their right to due process, and work with our
international partners to address the root problems that put these
children in danger in their home countries; and be it further

Resolved, That the Legislature urges the President and Congress
of the United States to adopt immigration policies that ensure that
unaccompanied minors receive appropriate child welfare services,
legal assistance, and access to immigration protection; and be it
further

Resolved, That the Legislature urges the President and Congress
of the United States to require that a best interest of the child
standard be applied in immigration proceedings involving
unaccompanied minors; and be it further

Resolved, That the Legislature urges the President and Congress
of the United States to place all unaccompanied minors in the
custody of HHS to ensure they receive careful and robust screening
and protection to ensure their safety and well-being; and be it
further

Resolved, That the Secretary of the Senate transmit copies of
this resolution to the President and Vice President of the United
States, to the Speaker of the House of Representatives, to the
Majority Leader of the Senate, to each Senator and Representative
from California in the Congress of the United States, and to the
author for appropriate distribution.