BILL ANALYSIS �
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|SENATE RULES COMMITTEE | SJR 31|
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THIRD READING
Bill No: SJR 31
Author: Torres (D), Corbett (D), De Le�n (D), Hernandez (D),
Hueso (D),
Jackson (D), Lara (D), Steinberg (D), et al.
Amended: 8/19/14
Vote: 21
SENATE JUDICIARY COMMITTEE : 7-0, 8/14/14
AYES: Jackson, Anderson, Corbett, Lara, Leno, Monning, Vidak
SUBJECT : Immigration
SOURCE : Author
DIGEST : This resolution urges the President and Congress of
the United States to take action and adopt immigration policies,
as specified, to ensure protection for unaccompanied children
immigrating into the United States.
ANALYSIS : This resolution makes the following legislative
findings:
1. 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;
2. According to United States Customs and Border Protection,
the United States government has apprehended approximately
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52,000 unaccompanied minors so far this fiscal year and
expects to apprehend at least 90,000 by the end of September;
3. 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;
4. 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;
5. This upsurge in unaccompanied minors has created the need
for more housing and legal services;
6. Currently, about 76% of unaccompanied minors apprehended are
from Honduras, El Salvador, and Guatemala, and the remaining
24% are from Mexico;
7. In the 2012-13 fiscal year, 73% of the unaccompanied minors
were male and 27% were female, and 76% were over 14 years of
age;
8. 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;
9. Many of the laws and procedures regarding unaccompanied
minors were developed to protect children from human
trafficking and other threats of violence;
10.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;
11.Unaccompanied minors from contiguous countries, such as
Mexico and Canada, may elect to return to their country of
origin when apprehended at the border or enter the
immigration system, but they are not automatically taken into
custody;
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12.Unaccompanied minors from noncontiguous countries are
automatically taken into custody, but are still subject to
immigration proceedings and potential deportation;
13.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;
14.The United States has always been a leader in providing care
and assistance to those in danger and in need;
15.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;
16.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;
17.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
18.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.
This resolution urges the President and Congress of the United
States to:
1. Focus resources on protecting unaccompanied children
immigrating into the United States from harm, uphold their
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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;
2. Adopt immigration policies that ensure that unaccompanied
minors receive appropriate child welfare services, legal
assistance, and access to immigration protection; and
3. Require that a best interest of the child standard be
applied in immigration proceedings involving unaccompanied
minors.
Background
According to data collected by the United States Customs and
Border Patrol (CBP), in the past year, nearly 63,000 children,
unaccompanied by family members, crossed the southwest border
into the United States and were apprehended by CBP. (CBP, U.S.
Border Patrol Family Unit and Unaccompanied Alien Children
Apprehensions Comparisons reflect Fiscal Year 2014 to date
(October 1, 2013 - July 31, 2014) compared to the same time
period for Fiscal Year 2013 (July 31, 2014) [as of Aug. 13, 2014].) These numbers have
doubled from the prior year, with these children migrating from
Honduras, Guatemala, El Salvador, and Mexico.
Prior to the enactment of the Homeland Security Act of 2002
(HSA), unaccompanied children had few legal protections prior to
deportation. With the enactment of the HSA, the care and
custody for these children was transferred from the United
States Immigration and Naturalization Service to the United
States HHS. In 2008, these protections were expanded when
President George W. Bush signed the William Wilberforce
Trafficking Victims Protection Reauthorization Act of 2008,
which required unaccompanied minors immigrating into the United
States to be given an opportunity to appear at an immigration
hearing and consult with an advocate, recommended that they have
access to counsel, and required these children to be placed in
the care of the United States HHS in the least restrictive
setting that is in the best interest of the child. However, the
recent surge of unaccompanied minors immigrating into the United
States has created a humanitarian crisis because of the
increased demand for housing, care, and legal services for these
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children while they are awaiting reunification with family
members or the outcome of the immigration process.
Although there has been recent discussion from the current
presidential administration and United States Congress to
address this immigration crisis, concerns are increasing as to
the due process, safety, and well-being of unaccompanied
children awaiting the outcome of their immigration status.
Comments
The author writes, "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. The United States must recognize this is a
humanitarian crisis impacting young and innocent children.
[Many of these] children have lost their childhood and
everything they know, including their parents. As international
leaders we have a responsibility to treat these children
humanely and ensure that those who have arrived alone have a
safe place to stay. 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. SJR 31 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."
FISCAL EFFECT : Fiscal Com.: No
AL:d 8/18/14 Senate Floor Analyses
SUPPORT/OPPOSITION: NONE RECEIVED
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