For much of the summer, the immigration news has been dominated by the recent surge of some 60,000 unaccompanied minors and young children with their mothers fleeing the violence and lawlessness in Honduras, Guatemala, and El Salvador. The Central American humanitarian crisis has resulted in a national debate about how to treat this vulnerable population: send them back to their home countries or grant them humanitarian relief in the United States. Below is a very brief overview of what the federal government’s response has been thus far, a depiction of conditions on the ground, and a historical perspective on the numbers.
Shortly after the crisis emerged, the Obama Administration marshaled the resources of the numerous federal agencies involved in the apprehension, processing, housing, and repatriation of unaccompanied minor children, and sought emergency funding from Congress. Unfortunately, the Senate and the House of Representatives could not agree before their August 4 recess, and will have to resume negotiations and deliberations when Congress returns after Labor Day. In the meantime, the immigration courts have been instructed to expedite the hearings these immigrants are afforded to determine if their fears are credible, if they are eligible for asylum status, or if they should be deported.
While many of the children have been reunited with other family members who already live in the United States or have been released to sponsors, many others are being detained in detention centers awaiting hearings. One such center is the federal detention center at Artesia, a tiny town in Southeastern New Mexico. Artesia has been thrown into the national spotlight because the federal training center located there was turned into a make-shift detention center for women and children fleeing violence in Central America.
In the wake of the crisis, the immigration bar mounted a massive pro bono effort to ensure that detainees are afforded due process. Teams of experienced immigration lawyers, many of whom are members of the American Immigration Lawyers Association, are volunteering their time and experience to help these mothers and children. The following dispatches from lawyers who have spent a week at Artesia sheds some light on the conditions in these detention centers:
“I spent last week at the Artesia ‘family detention’ center, a 4-hour drive from both Albuquerque and El Paso. We had a group of roughly ten volunteers (attorneys, translators, and administrative staff) trying to stop the rapid deportations and see that the women and their children get some modicum of due process. This was the first week there has been a full time volunteer attorney presence on site during the month it has been open.
“The first impression you get . . . is that all the children are sick, with coughs at minimum. They are dehydrated and listless. They are cold — there were two mornings where the temperature was around 60, and there were no jackets or blankets, so mothers and kids walked around with towels wrapped around their shoulders for warmth. Nearly all of them have valid claims for asylum — the majority based on domestic violence or gang issues. An unfortunate number were already deported without the opportunity to even consult with an attorney. Some mothers are giving up and asking to be deported because their kids are so sick.” [Editor’s Note: Individuals are giving up even though the conditions in their home countries are dire. For example, five recent Honduran deportees were murdered by gangs upon their arrival in Honduras. NPR, 8/21/2014.]
One pro bono lawyer from Oregon describes her experience in Artesia in this way:
“The lack of justice, due process, and the gross infringement on basic human rights at Artesia is truly staggering. . . . We need to send our members here to see and experience what is happening firsthand, so that they can shed light on this very dark place. . . . These are the most vulnerable people in the world, and our government is using them to send the message that America’s southern border is closed. As advocates, we can’t sit by and allow this voice of hate to be the loudest.”
A third volunteer lawyer reports:
“Women and children detained at length, being refused a chance for a fair hearing and access to counsel, and ultimately being sent back to the danger from which they fled. That’s what we’re seeing at Artesia . . . .
It shouldn’t be like this. But this is what we’ve come to. We need to help these families, to offer them due process and humane conditions, and ultimately address the root cause of this crisis: the conditions in Central America and the smugglers and traffickers who are making money off the misery of others.”
The New York Times highlighted a recent lawsuit filed by the American Immigration Council and other groups challenging the governments policies denying a fair deportation process to mothers and children who have fled extreme violence, death threats, rape, and persecution in Central America and come to the United States seeking safety.
The August 26, 2014 editorial stated:
“But the treatment of hundreds of these migrants in a makeshift detention center in Artesia, N.M., is appalling evidence that this promise was empty, according a lawsuit filed Friday in Federal District Court by a coalition of civil-rights organizations.
The immigrant detention center was supposed to be a safe haven for mothers and young children as their cases go through court. Though the detainees, as unauthorized immigrants, have no legal right to lawyers, advocates and immigration lawyers have made strenuous efforts to provide representation. The migrants have fled countries racked by gang and drug violence, and many have credible claims to asylum.”