On Wednesday, May 30th, we held a webinar on Family Separation. Below are the slides and the video from the presentation.
Introduction. Members of the U.S. Catholic Working Group on the Global Compacts on Refugees and Migration[i] are deeply involved in the care and accompaniment of migrants and forcibly displaced persons at every stage of their journeys. We often work in partnership with the U.S. government, international organizations, and local organizations. Through advocacy and service our work includes fighting against the root causes of migration, providing humanitarian support to forced migrants, especially those in vulnerable situations, and advocating for just reform of national immigration laws in the United States. While we bring a distinct American Catholic experience to our statement, we also echo and build upon the Twenty Points document issued by the Holy See Mission to the United Nations in New York.[ii] We thank the co-facilitators of Mexico and Switzerland for their able leadership in developing the latest draft of the Global Compact on Safe, Orderly, and Regular Migration (“Global Compact on Migration”).We offer the following principles which we believe should be reflected in the final draft of the Global Compact on Migration.
The Global Compact on Migration should foster the catalytic role of faith-based organizations that provide service to migrants at every stage of their journey. We strongly believe that the Global Compact on Migration should specifically include faith-based organizations as important stakeholders and partners in both the Preamble and the Implementation sections of the document. As has been stated by the Holy See during the negotiations, faith-based organizations are unique because of their presence in sending, transit, and destination countries–at every point of the migration process. Faith-based organizations are universal in nature and thus have a reach beyond that of a single government.
Moreover, faith-based organizations fill gaps in services to migrants which governments are unable or unwilling to fill and work closely with many member states to protect migrants in vulnerable situations. They often build bridges between migrants and the local people. In addition, migrants often are attracted to faith-based groups because they are members of the faith or otherwise trust them to look after their best welfare, including warning them about the potential dangers of the migration journey.
The Global Compact on Migration should highlight increased legal avenues and regularization programs as the primary tools for reducing irregular migration and encourage member states to adopt these tools more aggressively. Consistent with its goal to promote safe, orderly, and regular migration, the Global Compact on Migration should include specific language, in both the preamble and Objective 5, which calls for a significant increase in legal avenues for migrants and regularization programs for migrants residing in their countries.
In most cases, migrants travel in an irregular status because there are insufficient visas available for them to migrate in a legal manner. Once they have navigated an arduous and dangerous journey, they fill low-skilled jobs in many economies, yet remain susceptible to exploitation and abuse in the workplace. Legal avenues, which should include the option for permanent residency, should be increased to protect their lives, their human rights and the integrity of their family.
Migrants who reside in a country often live in fear of deportation, despite equities they may have built—families, businesses, homes—over time. Family separation, in which parents are deported away from their citizen children, is a real threat. Regularization programs bring immigrants and their families into society, thus increasing their economic contributions, preserving family unity, and aiding national security, as governments would know who they are and more effectively integrate them into society.
In our view, the Global Compact on Migration should increase legal immigration as a method for reducing irregular migration, as opposed to using enforcement and methods of deterrence to accomplish this goal. Not only is it the most humanitarian way to respond to the challenge of irregular migration, it also is the most effective and sustainable.
Border management should ensure that migrants receive due process protections and should not deploy deterrence schemes to halt large movements of migrants and refugees. More and more, destination nations, sometimes in conjunction with transit nations, are using deterrence tactics to prevent large mixed movements of persons from reaching their borders, including the use of interdiction and return, detention, family separation, push backs, criminal prosecution of irregular migration, the closing of borders, and conditional aid agreements, among other tactics. These formal and informal arrangements among nations can prevent migrants in vulnerable situations and even refugees from receiving protection and in some cases entail returning vulnerable individuals to harm.
Objective 11 of the Global Compact on Migration should prohibit the use of these tactics and encourage responsibility-sharing among member states that ensures that migrants and refugees are screened by a competent and independent authority, and, if necessary, offered protection, by either a transit nation or other nations in a region. In addition, language should be restored in the draft that encourages member states to promote screening of asylum-seekers, including informing migrants of their rights to apply for asylum protection.
Migrants, regardless of their legal status, should be guaranteed certain services, consistent with their human rights and international law. Human persons, regardless of legal status, possess God-given human rights that should not be violated, including the right to life, and thus should be provided services necessary to protect those rights, including health-care, social services, access to justice, education, and pastoral services. Such services should be specified in the Global Compact on Migration, so that member states have a common understanding of this requirement. In providing these services to undocumented persons or to persons in a temporary legal status, firewalls should exist to prevent personal information from being used for enforcement purposes.
Migrants in vulnerable situations should receive protection. Perhaps the most difficult issue to address between the Global Compact on Migration and the Global Compact on Refugees is the issue of migrants in vulnerable situations. This group may include persons fleeing natural disaster or the effect of climate change; migrants in countries in crisis; migrants who may not achieve refugee protection or asylum but nevertheless have legitimate protection claims and could face harm upon their return; victims of human trafficking or forms of domestic violence; and inherently vulnerable migrants, such as unaccompanied children, the elderly, or the disabled.
These groups may not meet the refugee definition laid out in international refugee law, but nevertheless face danger and possible harm in their home countries. Member states should increase the legal tools available to them to address these populations, including humanitarian visas, temporary protected status, and visas targeted toward specific groups, such as victims of human trafficking, victims of domestic violence, and unaccompanied alien children. Protection consistent with international human rights law should be afforded them.
Return of migrants to their countries of origin should uphold the principle of non-refoulement and when return is proper should include re-integration programs which offer them comprehensive re-integration services. Just as countries of origin have an obligation to their nationals to receive them, destination countries should follow international law in assessing their status, informing them of their rights in the process, and, as the law requires, either allowing them to remain or returning them to their homes. We oppose policies which deny due process to migrants seeking protection, as well as tactics that pressure them to acquiesce to deportation without due process. Non-refoulement should govern the return policies of all nations.
Safeguarding the integrity of the family is crucial when people are subjected to detention and deportation processes. Humane alternatives to detention and defenses to removal based on family unity should be available in lieu of detention and deportation. In cases where family members are detained and/or returned, systems should be established to track their locations and to inform family members.
Moreover, re-integration programs should be created in countries of origin that assist returnees with job training and placement, access to social services, and physical security, so they are able to remain and live in safety and dignity. Destination countries should provide assistance to source countries in creating these programs.
The root causes of migration should be comprehensively addressed, so that migration is a choice, not a necessity. Migration and development are intrinsically linked, as remittances are a primary resource for development efforts. The Global Compact on Migration should facilitate remittances by lessening fees and fostering financial inclusion. Remittances should not be a substitute for global support for sustainable economic development in developing nations.
Finally, we urge the creation of a well-financed capacity-building framework that facilitates the actionable commitments of the Global Compact on Migration, as well as a monitoring system that holds member states accountable in implementing them. While the Global Compact on Migration may be legally non-binding, it should be politically binding, so that good faith efforts are made by all member states in reaching its goals and achieving a positive impact on migrants around the world.
[i]The working group includes Catholic Charities-USA, Catholic Relief Services (CRS), U.S. Liaison Office of the International Catholic Migration Commission (ICMC), Jesuit Conference of Canada and the United States, Jesuit Refugee Services/USA (JRS-USA), Scalabrini International Migration Network (SIMN), and the U.S. Conference of Catholic Bishops’ Migration and Refugee Services (USCCB/MRS).
[ii] “Responding to Refugees and Migrants: Twenty Action Points,” Migrants & Refugee Section, Dicastery on Integral Human Development, Vatican, 2017. A summary of the document is also in a video featuring Pope Francis. See “Let’s welcome, protect, promote and integrate refugees as Pope Francis is asking us,” Migration & Refugee Section, Dicastery of Integral Human Development, Vatican, January 18, 2018, video available at https://www.youtube.com/watch?v=dDlxrIY96ak
Written Testimony of Most Reverend Joe S. Vásquez, Bishop of Austin, Chairman, U.S. Conference of Catholic Bishops Committee on Migration, Regarding The Prevention of Trafficking and Abuse of Unaccompanied Children For a Hearing of the Senate Committee on the Judiciary, Subcommittee on Border Security and Immigration
My name is Bishop Joe Vásquez. I am the Catholic Bishop of the Diocese of Austin, Texas and the Chairman of the U.S. Conference of Catholic Bishops’ (USCCB) Committee on Migration. The Committee on Migration oversees the work of the Department of Migration and Refugee Services (MRS) within the USCCB. On behalf of the USCCB/MRS, I would like to thank the Senate Committee on the Judiciary, Subcommittee on Border Security and Immigration, as well as Subcommittee Chair Senator John Cornyn (R-TX) and Ranking Member Senator Dick Durbin (D-IL), for the opportunity to submit this written statement for the record.
The care of unaccompanied children fleeing violence in Central America is of great importance to the Catholic Church. In this testimony, I highlight the need for existing protections for unaccompanied children to combat human trafficking and also to ensure safe placement and strong integration into communities. I also offer a few key recommendations for improved care of these children and for increased protection against trafficking and exploitation.
U.S. Conference of Catholic Bishops & Catholic Social Teaching
While the Catholic Church recognizes governments’ right to control their borders and enforce immigration laws, we also hold a strong pastoral interest in the welfare and humane treatment of unaccompanied immigrant children. The protection of immigrant children is an especially important issue for the Catholic Church, as one of Jesus’ first experiences as an infant was to flee for his life from King Herod with his family to Egypt. Indeed, Jesus, Himself, was a child migrant fleeing violence, and the Holy Family is the archetype of the refugee families we see today, both at our borders and around the world. The Holy Family faced the same difficult migration circumstance as thousands of children fleeing to the United States each year.
The Catholic Church in the United States has played a critical role in the care of unaccompanied children, and the USCCB/MRS has been a leader in the protection of and advocacy for this vulnerable population. Since 1994, the USCCB/MRS has operated the “Safe Passages” program. This program serves undocumented immigrant children apprehended by the Department of Homeland Security (DHS) and placed in the custody and care of the Office of Refugee Resettlement (ORR), within the Department of Health and Human Services (HHS).
Through cooperative agreements with ORR, and in collaboration with community-based social service agencies, the Safe Passages program provides community-based residential care (foster care and small group home placements) to unaccompanied children in ORR custody, as well as family reunification services (pre-release placement screening and post-release social services for families). In fiscal year 2017, the USCCB/MRS Safe Passages program served 1,294 youth who arrived as unaccompanied children—1,042 through the family reunification program and 252 through the residential care programs.
Our work assisting these children is rooted in the belief that they, like all God’s children, were created in His image and have a unique and sacred dignity.
The Northern Triangle – A Refugee Crisis
We know from the extensive presence of the Catholic Church in El Salvador, Guatemala, and Honduras (the Northern Triangle of Central America) and from over three decades serving this population that these children are fleeing for their lives. Violence in the home and at the community and state level is a primary factor forcing children to leave the Northern Triangle. As a result, many of these children present extreme international protection concerns. Given their vulnerability, they deserve and need our protection and our compassion.
In our years of service, we have seen firsthand the human consequences of violence and impunity in the Northern Triangle. We urge you to look beyond statistics and rhetoric and see that these are children. Children such as:
- Karen, a young teen from El Salvador who began to be tormented by the MS-13 gang after winning a beauty pageant in her small town. The gang started by trailing Karen and her younger sister on their way home from school. The situation quickly escalated, however, and the gang demanded $10,000 from Karen’s family, saying that they would murder both girls if the fee was not paid. The girls fled for their lives, unaccompanied and seeking protection in the U.S. Karen quickly learned English, excelled in her studies, and was granted asylum in 2017. She recently won a scholarship and looks forward to attending college and working towards her dream of becoming a pediatrician. “I want people to be proud of me, to see all I’m trying to do,” she explained. “People think we are bad people. . . We don’t come because we want to come; we come because of conflicts so we can survive. We want to make things better, not give problems.”1
- Manuel and Lucas, 9- and 11-year-old brothers from Honduras. The boys’ father was a local police officer who was working to combat gang violence in the community. When he was murdered by gang members, his mother fled to the U.S. and left the boys with their grandmother. Unfortunately, the boys were also forced to flee when the gang found them and murdered their grandmother. Arriving to the U.S. unaccompanied, they were transferred to the custody of ORR and eventually reunited with their mother. USCCB/MRS provided the family with vital family reunification services – assisting with school enrollment, providing education on the immigration court process, linking the family to legal counsel, and connecting the boys with counseling services to address their past trauma. Manuel and Lucas ultimately won their asylum cases and are adjusting well to their new community. 2
The trauma and persecution these children faced in their home countries highlights the Northern Triangle governments’ inability to adequately protect children due to corrupt or inadequate law enforcement and legal systems, as well as limited social welfare and child protection infrastructure.
In a time when the immigration debate has become increasingly polarized, it is easy to focus on statistics and fears, rather than faces and stories. But as the stories above clearly illustrate, these children are refugees.
Preventing Persecution and Trafficking of Unaccompanied Children
Once an unaccompanied child arrives at our border, we have a moral obligation to ensure his or her safety and wellbeing. As Pope Francis has said: “Among migrants, children constitute the most vulnerable group, because as they face the life ahead of them, they are invisible and voiceless.”3 Unaccompanied children are particularly vulnerable to human trafficking, domestic servitude, and other exploitative situations – in part, like any child, due to their age and inherent desire to trust and please adults. In the case of children in a forced migration context, prior victimization in their home country or during their journey to the United States, debts incurred for smuggling fees, and their undocumented status are all characteristics that put them at heightened risk and make them easy prey for traffickers and others with ill intent.
Recognizing these unique vulnerabilities to trafficking and exploitation, Congress passed critical protections for unaccompanied children in the William Wilberforce Trafficking Victims Protection Reauthorization Act (TVPRA) of 2008. Under the TVPRA, transfer of apprehended unaccompanied children from non-contiguous countries (e.g., Honduras, Guatemala, and El Salvador) to ORR is required within 72 hours.4 These children are subsequently placed into immigration court proceedings. This automatic transfer, which has come under recent attack, is a vital safeguard to ensure that persecuted and trafficked children are afforded a meaningful chance at protection.
For children who are not afforded this automatic referral (i.e., children from Mexico and Canada), screening by Customs and Border Protection (CBP) for trafficking and protection concerns is currently inadequate and leaves many children vulnerable to trafficking and exploitation. In its 2015 report, the Government Accountability Office (GAO) found that 95% of Mexican unaccompanied children from fiscal years 2009-2014 were returned to Mexico, despite frequent indicators of trafficking or fear of return.5 The GAO report also found that CBP often did not correctly apply trafficking indicators, did not routinely ask follow-up questions to rule out all trafficking concerns, and did not ask questions pertaining to the risk of trafficking upon return to Mexico.6
We greatly respect the work of CBP agents and recognize their contributions to defend our borders and make us safe. However, they are law enforcement officers – not trained asylum officers or child welfare experts. The protections codified in the TVPRA are needed to ensure that child trafficking is identified and addressed. Consequently, rolling back TVPRA protections would undoubtedly lead to increased numbers of children being returned to the hands of their traffickers and abusers.
Ensuring Safe Placements & Promoting Community Integration
Facilitating release of unaccompanied children to family or “sponsors” pending their immigration removal proceedings is a humane and fiscally-sound policy. In addition to the moral and humanitarian concerns, detention of children is incredibly costly and an unnecessary use of government resources.7 It is vital, however, to ensure that children are not released to unsafe situations, that families are supported and connected to community resources, and that they understand the need to appear for their immigration court proceedings.
Family reunification services promote safe placements and facilitate family and community integration after reunification. These services include screening of placements prior to the release of children to relatives or family friends pending their immigration proceedings (“home studies”), as well as support to families after unaccompanied children are released from ORR custody (“post-release services”). While home studies and post-release services are valuable tools, we believe them to be under-utilized. We commend ORR’s recent efforts to increase post-release services but note that all family reunification services should be expanded and provided to a much greater number of children.
The limited use of these services has resulted in children being released to situations of abuse, abandonment, neglect, and trafficking. These are youth like Juan,8 who was released without services to his half-uncle in Florida. Shortly after his reunification, Juan’s uncle withdrew him from school and sent him to work in the fields with his two cousins (who had not been in the care of ORR). This forced labor continued until Juan’s cousin was injured and brought to the Emergency Room, where the injury raised abuse concerns. Child Protective Services investigated the situation and removed the children from the home, placing the children in state custody. From our work, we know that Juan’s story is more common than we think. We cannot let this happen to children.
To ensure that child trafficking is identified, we look to robust protection measures. Family reunification services, providing a connection to a child welfare professional trained to identify and respond to any such indicators, are one such measure that put children at a decreased risk of trafficking and exploitation. Additionally, with these short-term case management services and monitoring by child welfare professionals, it is more likely that children will appear at their immigration proceedings, enroll in school, and integrate into their communities — mitigating risk for future entry into the public child welfare system.
We must ensure that all children – regardless of their immigration status – are offered safety, support, and care in the United States.
- Address Root Causes of Migration. Congress should ensure robust appropriation of funds to address the root causes of forced migration from Northern Triangle countries. Such funding should support the efforts of Northern Triangle countries to strengthen their humanitarian and child protection responses, to include developing and improving education and child welfare systems, increasing opportunities for youth development, and providing safe spaces and alternatives to gang entry and migration. An example of programming that achieves these goals is the Catholic Relief Services “YouthBuilders” initiatives in Honduras and El Salvador. Government assistance must not solely be focused on enforcement but on strengthening protection systems and communities. We must address these issues to help ensure that children are not forced to make the dangerous journey north.
- Maintain Existing Protections for Children. In order to continue to fight human trafficking, which Pope Francis has rightly deemed “a crime against humanity,” we must safeguard our existing anti-trafficking protections. The TVPRA, including the automatic referral system for children from non-contiguous countries, is vital to ensuring that unaccompanied children are not returned to persecution or trafficking. Proposals to undermine or eliminate these existing safeguards are inhumane, run counter to basic child protection principles, and should be firmly rejected.
- Ensure Safe Placements and Facilitate Community Integration. In accordance with domestic child welfare best practices, Congress should urge ORR to increase the number unaccompanied children and families receiving family reunification services. While we were pleased to see the rates of post-release services improve slightly last fiscal year, ORR still provides family reunification services for less than thirty-two percent of children released from its care (with only seven percent of these children receiving home studies). Expanded family reunification services would increase protection for these children and allow for them to be linked to local resources, educated on immigration court processes and requirements, and also provide monitoring of the child’s safety and well-being, promoting the overall safety of our communities. We note that such programming should focus on strengthening the family to best promote long-term placement stability and integration.
- Support Safe Repatriation. Congress should provide funding to ensure that repatriation of unaccompanied children to the Northern Triangle, when appropriate, is accomplished safely. It is recommended that the U.S. government work with governments and non-governmental organizations in the region to provide repatriation and re-integration programs. Such programs will ensure that children are returned safely to appropriate caregivers and provided with follow-up services to help them reintegrate into their communities – with the goal of preventing re-migration.
How we respond to the children arriving at our border is a test of our moral character. In the words of Pope Francis, we must “not tire of courageously living the Gospel, which calls you to recognize and welcome the Lord Jesus among the smallest and most vulnerable.”
We urge you to reject proposals and legislation that are rooted in fear – that seek to treat unaccompanied children not as children seeking protection, but as threats and criminals. As always, USCCB/MRS stands ready to offer our assistance to Congress and ORR to strengthen protections for unaccompanied children to prevent and mitigate situations of human trafficking, exploitation, abuse, and neglect.
1)Alice Kenny, Beauty Queen Targeted by MS-13, CATHOLIC CHARITIES ARCHDIOCESE OF NEW YORK (Jan. 17,2018), https://catholiccharitiesny.org/blog/beauty-queen-targeted-ms-13-gang.
2) Identifying information changed to protect client confidentiality.
3) Pope Francis, 2017 World Day of Migrants and Refugees Message (September 8, 2016), available at https://w2.vatican.va/content/francesco/en/messages/migration/documents/papa-francesco_20160908_world-migrants-day-2017.html.
4)Trafficking and Victims Protection Reauthorization Act (TVPRA) of 2008, § 235 (2008).
5)See GOVERNMENT ACCOUNTABILITY OFFICE, UNACCOMPANIED ALIEN CHILDREN: ACTIONS NEEDED TO ENSURE CHILDREN RECEIVE REQUIRED CARE IN DHS CUSTODY 24, 27-36 (JULY 2015), available at https://www.gao.gov/assets/680/671393.pdf.
7)Id at 66 (estimating that the average cost to the taxpayer to keep an unaccompanied child in an ORR shelter is $248 per day).
8)Identifying information changed to protect client confidentiality.
The Honorable Kirstjen Nielsen
Department of Homeland Security
Washington, DC 20528
VIA EMAIL AND IN-PERSON
RE: Extension of TPS Designation for Honduras
Dear Secretary Nielsen,
I write on behalf of the U.S. Conference of Catholic Bishops/Migration and Refugee Services (USCCB/MRS) to urge you to extend the Temporary Protected Status (TPS) designation of Honduras for 18 months. As you know, while the current TPS designation extends through July 5, 2018, for Honduras, pursuant to statutory requirements, a decision to extend or terminate TPS for the country must be made by May 4, 2018. From our delegation trip to the region in Fall 2017, as well as our continued presence and work in the region and with affected communities in the U.S., we know firsthand that Honduras is not currently able to adequately handle the return of their nationals who have TPS.
The Catholic Church’s deep concern for individuals from these countries is rooted in our experience as an immigrant church and in Catholic Social Teaching. Many of the dioceses in the United States have direct relationships of pastoral care and outreach with Hondurans. And, we believe that God has called on us, as part of our life of faith, to care for the foreigner and the marginalized: “For the Lord, your God, is the God of gods, the Lord of lords, the great God, mighty and awesome, who has no favorites, accepts no bribes, who executes justice for the orphan and the widow, and loves the resident alien, giving them food and clothing. So you too should love the resident alien, for that is what you were in the land of Egypt.”
Bishop David O’Connell of the Archdiocese of Los Angeles and Bishop Vasquez of the Diocese of Austin led the USCCB/MRS Fall 2017 delegation trip to Honduras and El Salvador to express solidarity with those impacted by the imminent decisions and to assess the countries’ abilities to adequately accept and integrate individuals should TPS be terminated. As discussed in the trip report, Temporary Protected Status: A Vital Piece of the Central American Protection and Prosperity Puzzle
the delegation found an extension of TPS for both countries crucial for humanitarian, regional security, and economic stability reasons. Regarding Honduras, the delegation found that the country lacks the capacity to adequately receive, protect, and welcome TPS returnees at this time. Specifically, the delegation found that:
- Entire families, not just children, currently face targeted violence in Honduras;
- Large numbers of internally displaced people (IDPs) in Honduras (~174,000) continue to be displaced, illustrating already existing safety issues and the growing humanitarian protection challenges in the country; and
- The Honduran government does not have the current capacity to adequately handle the return of nationals with TPS because it lacks knowledge of the impacted population and lacks an adequate reception, protection, and integration system for the already large numbers of IDPs and returnees (almost 70,000 in 2016).
In addition to the findings in the report, it is important to note that the disputed nature of the December 2017 presidential election in Honduras has compounded the society-wide instability of the country and further inhibits the Honduran government’s ability to accept returned nationals. The events around the presidential election diverted valuable resources away from improving the existing national protection and repatriation infrastructure. As a result, the capacity to reintegrate Honduran nationals remains very limited. Given this precarious state, the influx of deportees has the potential of further debilitating Honduras’ human security, economy, and civil society; thus, hurting the efficacy of its cooperation with the United States.
Terminating TPS at this time would be inhumane and untenable. Given the current country conditions, Honduras is in no position to accommodate the return of an estimated 57,000 nationals who have received TPS from the United States. Doing so would likely destabilize this key strategic, regional partner and potentially bring harm to those returned. In addition, terminating TPS would needlessly add large numbers of Hondurans to the undocumented population in the U.S., lead to family separation, and unnecessarily cause the Department of Homeland Security to expend resources on individuals who are already registered with our government and whose safe return is forestalled by dire humanitarian conditions.
Based on the above facts and further analysis in our trip report, we urge you to extend the TPS designation for Honduras, pursuant to Section 244(b) of the Immigration and Nationality Act, until individuals’ return and reintegration to the country can be safely accomplished. This will allow Hondurans to continue to legally work, contribute to U.S. communities in an authorized capacity, and maintain safe, stable lives, and human dignity for their families, many of which include U.S. citizens. We ask you to show compassion and patience as Honduras continues to improve its citizen security and humanitarian capacity for reception, protection, and integration.
We appreciate your consideration of this request. The Catholic Church stands ready to support measures to protect the wellbeing and dignity of Honduran families as the country continues the path to reform, addressing citizen security and building protection infrastructure.
William Canny, Executive Director