“In theory, these sites, run by the Department of Health and Human Services (HHS) are a way station for kids who are waiting to be reunited with relatives or other connections in the U.S. In fact, staffing problems and other issues left many kids stuck in limbo for up to a month or more in conditions that federal whistleblowers, lawyers, and the children themselves have described as filthy and chaotic.
“For months, the children we have met with at the EISs have shared one horror story after the next,” Leecia Welch, senior director of child welfare and legal advocacy at the National Center for Youth Law, said in a press release. “Children have described spending the bulk of the day on or around their cots crammed in massive tents with hundreds of other children, suffering escalating anxiety attacks from the stress of the harsh EIS environment, going weeks without clean clothes or underwear, and spending months without going outside for some fresh air. While some of the unsafe EIS facilities have been closed, mega tent encampments and mining mancamp sites like Fort Bliss and Pecos remain open with no end in sight.””
“Over 14,000 unaccompanied minors are now in the care of the Department of Health and Human Services.
Detained minors in their testimonials for the case described limited time outside, sporadic showers, and being served inadequate or unsafe food, including raw chicken and foul-smelling hamburgers. A 13-year-old Honduran recounted being “locked up all day” during five days in Customs and Border Patrol (CBP) custody. A 14-year-old Guatemalan girl said that detainees at a facility in Houston had to drink expired milk when they ran out of water. “I was never allowed to make a phone call while I was there,” said a 17-year-old Honduran who was in CBP custody for 11 days. Minors reported receiving few details about how long they would be in custody and many were transferred to other facilities with little notice or explanation.
Those conditions have left detained minors despondent. “I used to be able to cope with my anxiety and breathe through it, but now I feel like I’ve given up,” said a 17-year-old from Guatemala. “I feel like I’ll never get out of here.” One child was placed on suicide watch and another described how difficult it was to get an appointment with a counselor, though many girls in detention “have thoughts of cutting themselves.” Teens have resorted to cutting themselves with their identification cards since employees at one facility banned pencils, pens, toothbrushes, and even the metal nose clips of N95 face masks over concerns of self-harm, according to testimony and worker accounts.
“There is no one here I can talk to about my case,” said a 17-year-old Honduran detainee. “There’s also no one here I can talk to when I’m feeling sad. There’s no one here; I just talk to God. It helps me and I cry. It would help if I could have a Bible.””
“Contrary to what the Times reported, that policy is not “legally shaky.” It relies on the well-established anti-commandeering doctrine, which says the federal government cannot compel state and local officials to enforce its criminal laws or regulatory schemes.
That doctrine is rooted in the basic design of our government, which limits Congress to a short list of specifically enumerated powers and leaves the rest to the states or the people, as the 10th Amendment makes clear. That division of powers gives states wide discretion to experiment with different policies, some of which are bound to offend the Times.
The paper suggests that defending state autonomy is disreputable, because that argument was “deployed in the past in the South to resist antislavery and civil rights laws.” But federalism does not give states a license to violate rights guaranteed by the Constitution or to flout laws authorized by it.
Although the Times tries to tar the anti-commandeering principle as racist, the same basic idea was a crucial weapon for Northern states that refused to help the federal government enforce the Fugitive Slave Act. Today that principle likewise means that state and local officials have no obligation to participate in the “deportation crackdowns” that the Times decries.
Similarly, the ongoing collapse of marijuana prohibition—a development the Times welcomes—would be impossible if states were obligated to participate in the federal war on weed. While both progressives and conservatives might wish that federalism could be limited to achieving results they like, that is not how constitutional principles work.”
“Vice President Kamala Harris recently announced a partnership with 12 private-sector companies and organizations to support “inclusive economic development” in the Northern Triangle of Central America, which includes Guatemala, Honduras, and El Salvador. US government agencies, including the State Department, will also work with governments in the region to remove impediments to international investment and foster new private-sector partnerships.
Among the commitments, Mastercard is supporting 1 million small businesses in the region; Chobani is creating a startup incubator for food entrepreneurs in Guatemala; Microsoft is expanding broadband access to up to 3 million people by next July; and Nespresso is starting to source coffee from El Salvador and Honduras and expanding its existing operations in Guatemala with a minimum $150 million investment by 2025.
Though the lack of foreign investment is far from the only factor driving people to make the journey north, the idea is that improving economic conditions will contribute to overall stability in the region, which has long suffered from persistent corruption, weak government institutions, and high levels of violent crime.”
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“there’s a long way to go in persuading would-be migrants that the economic opportunities at home are better than what they might find in the US.”
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“direct foreign investment in the region has been minimal in recent decades. In 2019, the last year for which there is available data, foreign investment to El Salvador, Honduras and Guatemala was just under $2.2 billion combined, according to data from the United Nations Conference on Trade and Development. By comparison, migrants who left those countries sent a total of $22 billion in remittances back home that year.”
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“the levels of foreign investment required to change the calculus around people’s decisions to migrate is much larger than what the region has received in the past. Harris’s initiative, therefore, only represents a starting point.”
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““In order for Honduras, El Salvador, and Guatemala to really compete for good jobs, there is a bit of a homework that needs to be done in terms of preparing the actual workforce in these countries to be in a position to assimilate the possibility of a Microsoft or Google or any other technology company that wants to do heavy investments in these countries,” Chacon said.
That means improving education — and not just formal education, but also vocational training that can set up students to fill niches sought out by international investors.”
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“Costa Rica, which brought in $2.5 billion in direct foreign investment in 2019 — more than all of the Northern Triangle countries combined — can serve as a potential model in that respect. Unlike the Northern Triangle, it has invested in preparing a qualified workforce to be competitive, and not just for low-paying jobs, Chacon said.
“Investors in Costa Rica are very confident that the rules are there solidly in place, that they have a very good system of checks and balances, and that there is hardly any corruption anybody can point to,” he said. “That is very different from Guatemala, Honduras, and El Salvador.””
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““In the Northern Triangle countries, we don’t really have any democratically-minded or reform-minded [government] partners,” Angelo said. “And so I think it’s only natural that the US government would seek to partner with the private sector, and particularly with American companies that we know generally abide by the rule of law.””
“The Biden administration is reversing a series of Trump-era immigration rulings that narrowed asylum standards by denying protection to victims of domestic violence and those who said they were threatened by gangs in their home country.”
“Abbott has so far provided little information about how he will finance the project, which will undoubtedly carry a hefty price tag. In Texas, one section of Trump’s border wall came out to be $27 million a mile. Abbott intends to provide $250 million in state revenues as a “down payment.” Those funds will come from a disaster account, a transfer made possible because he issued a disaster declaration in order to take a number of executive actions against migration. Abbott also expects that crowdfunding will help supplement state funds. So far, that effort has collected roughly $450,000.
David Donatti, an attorney with the American Civil Liberties Union of Texas who specializes in border issues, has concerns about Abbott’s financial approach.
“He has declared a disaster, and by that authority, he’s moving $250 million into an account that allows him to” build a border wall, says Donatti. “For a state like Texas,” $250 million “is a lot of money…that could be used for hurricane recovery, toward recovery from something like the freeze that we experienced.” Donatti calls it “an absurd abuse of power if nothing else,” even though the result of that abuse would provide “an ineffective solution to people coming to the United States.”
According to the governor, construction would also hinge on voluntary land concessions from borderlands residents. In Texas, most land along the border with Mexico is privately owned. That gives Abbott two options: either entice landowners to donate their property or seize it from the unwilling. To build his wall, Trump chose to initiate land grabs in the borderlands through eminent domain, which is a legal doctrine that allows the government to seize private property for public use. Affected landowners nominally must receive just compensation, though practically the process is rife with abuse.”
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“Regardless of the wall’s future, Abbott is already implementing policies beyond a physical barrier to keep migrants out. As Reason’s Billy Binion reported, Abbott “has directed the Texas Department of Criminal Justice (TDJC) to clear out the Dolph Biscoe Unit, a state prison in Dilley, Texas, so that law enforcement can arrest and detain some undocumented migrants there.” He’s made it so that migrants are subject to “aggravated trespassing” charges, a misdemeanor, giving the state the authority to arrest migrants who are otherwise governed by federal immigration frameworks. As Donatti points out, that “quite clearly tramples on the federal government’s prerogative to immigration control.” Abbott has also revoked licenses for child care services found to be looking after undocumented migrant kids, which might lead to those minors being shuttled into inadequate emergency detention facilities.”
“The US can anticipate these spikes, which are symptoms of the ongoing humanitarian crisis in Central America’s “Northern Triangle” — Guatemala, Honduras, and El Salvador. For years, these countries have suffered from gang violence, government corruption, extortion, and some of the highest rates of poverty and violent crime in the world. The pandemic-related economic downturn and a pair of hurricanes late last year that devastated Honduras and Guatemala, in particular, have only exacerbated those longstanding problems. Many of the migrants arriving on the southern border, sometimes in large caravans, likely felt they had no choice but to seek refuge elsewhere”
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“The US doesn’t have a system in place to ensure that migrants are treated humanely and in accordance with federal law when these spikes occur. Children have consequently been kept in jail-like holding facilities operated by US Customs and Border Protection beyond the 72-hour legal time limit. That is why the Obama administration, the Trump administration, and the Biden administration have been condemned for keeping “kids in cages.””
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“several immigrant advocacy groups and think tanks have devised potential frameworks to improve migrant processing. Republican Sen. John Cornyn and Democrat Sen. Kyrsten Sinema have also drafted a bill that would implement related reforms, though it’s not clear whether the legislation will draw significant support from members of either party. Those strategies will become all the more important as the Biden administration begins to lift pandemic-related restrictions at the southern border and resumes processing migrants en masse.”
“The US started dramatically ramping up immigration enforcement in the 1990s with bipartisan support. The line of thinking was that making it more expensive and arduous to cross the border would dissuade more people from making the journey in the first place. It became the preferred strategy for policymakers because it was easy to sell to constituents, even though it wasn’t necessarily grounded in a deep understanding of the factors driving unauthorized immigration.
But a growing body of research shows that the threat of immigration enforcement isn’t an effective deterrent for migrants in the long run. Emily Ryo, a professor of law and sociology at the USC Gould School of Law, found in a paper published earlier this month that it has no significant effect on people’s decision to migrate from Mexico and Central America’s “Northern Triangle”: Guatemala, Honduras, and El Salvador.
In cooperation with Vanderbilt University and the Latin American Public Opinion Project, she designed an experiment that was included in the 2018-’19 AmericasBarometer survey of nearly 11,000 voting-age adults across the four countries. She divided the respondents into three groups and provided them with different prompts offering information about how many migrants are apprehended by US officials when trying to cross the border, subject to detention for an indefinite period of time, and face a lack of judicial process when it comes to their deportation. They were then asked how likely it would be that they would choose to live and work in the US in the next three years.
The patterns in responses across the groups were strikingly similar, though they were provided with different information about US immigration enforcement policy. Most said they weren’t likely to go to the US, but in all three groups, about 21 percent said they were “a little likely to go,” 10 percent said they were “somewhat likely,” and roughly another 10 percent said “very likely.”
Knowledge about US deportation and detention policy didn’t have any significant effect on their intentions to migrate.”
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“Another study, conducted by Vanderbilt University political science professor Jonathan Hiskey and co-authors, similarly found that knowledge of heightened US deterrence efforts didn’t influence people’s decision to migrate.”
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“Another unintended effect of US immigration enforcement has been the increase in the number of undocumented immigrants living in the US from roughly 3 million in 1986 to over 11 million today. Princeton sociologist Doug Massey and his co-authors found in a 2016 paper that the rapid expansion of immigration enforcement in the years following 1986, the last time that a major immigration law was passed, actually caused more migrants to decide to settle in the US permanently.
Before then, Mexican men had moved back and forth across the border, usually looking for opportunities for temporary work and crossing in El Paso and San Diego. The US’s decision to expand immigration enforcement didn’t really alter their ability to cross the border. They weren’t much more likely to be apprehended when they attempted to cross, and even if they were discovered by US immigration officials and swiftly returned to Mexico, they could still succeed after multiple attempts.
What changed, however, was the costs and risks associated with returning to their home country and then attempting to reenter the US. Migrants had to start crossing in more dangerous regions of the border, going through the Sonoran Desert and Arizona, and came to rely more heavily on the services of paid smugglers, which became more expensive. Between 1980 and 2010, the probability that a migrant would return after their first trip to the US consequently dropped from 48 percent to zero, according to Massey’s paper.
“The combination of increasingly costly and risky trips and the near certainty of getting into the United States created a decision-making contest in which it still made economic sense to migrate but not to return home to face the high costs and risks of subsequent entry attempts,” the authors write in the paper.
In this way, immigration enforcement had the opposite of the intended effect. And the authors write that if policymakers had never increased border patrol’s funding beyond accounting for inflation, the population of undocumented immigrants living in the US likely would have “grown substantially less.””
“Texas health officials on Wednesday sent notices to 46 state-licensed shelters housing thousands of unaccompanied migrant kids across the state, asking them to “wind down” operations by Aug. 30 in response to an emergency declaration from Gov. Greg Abbott.
Notices were sent out following an order by Abbott directing the Texas Health and Human Services Commission to “discontinue state licensing of any child-care facility in this state that shelters or detains unlawful immigrants”, as part of a border emergency declaration earlier this week.
Texas’ state-licensed shelters — which must comply with both Texas and federal standards — have some of the most stringent requirements for the care of migrant children and teen shelters nationwide.
In response to the order, the U.S. Department of Health and Human Services released a statement, saying they are assessing the governor’s directive and “do not intend to close any facilities as a result of the order.”
If carried through, the order would close down state-licensed facilities that currently provide beds for some 4,200 migrant children and teens, according to data from mid-May, provided to Houston Public Media by Texas Health and Human Services.
That’s nearly one fourth of the nearly 17,000 kids Health and Human Services said are currently in federal custody. These are children and teens who arrived at the U.S.-Mexico border without a legal guardian and are being processed and cared for by the federal government as they reunite the kids with family living in the United States.
Taking away that Texas shelter space would lead to more migrant kids in the federal government’s emergency shelters, some of which have been criticized for their poor standards of care.”
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““These kids deserve better,” said Wendy Young, president of Kids In Need of Defense (KIND), which provides legal support to migrant children and teens. In a written statement, Young argued that there need to be more state-licensed shelters for kids, not fewer.”
“Migrants typically get information about the conditions on the border from people in their network who have successfully made the journey, rather than from top-down declarations from US officials. Smugglers have also sought to spread misinformation about the Biden administration’s plans to process asylum seekers. Immigrant advocates on the border have reported hearing rumors spreading that migrants staying in certain camps will be processed or that the border would open at midnight.
These rumors have survived on the hopes of people who have long aspired to migrate. Many of the people arriving on the southern border are fleeing dangerous or unlivable conditions and felt they had no choice but to leave their home countries.”