Unaccompanied Children Crossing the US-Mexico Border

Background: Tens of thousands of unaccompanied minor children are arriving at the US-Mexico border. More than 50,000 children have already crossed the border this year — and sources expect the number to reach a record 90,000 by the end of the year.

Parents in Central American countries are sending their children across the border to escape the large amount of violence, corruption, political instability and poverty rampant throughout their countries. There is also misinformation about the Obama Administration’s “Deferred Action for Childhood Arrivals” (DACA) program — which was initiated in 2012 — and gives a small amount of undocumented children short-term work authorization and protection from deportation. DACA, according to Homeland Security Secretary Jeh Johnson, “does not apply to a child who crosses the US border illegally today, tomorrow or yesterday.” To be eligible for DACA, a child must have been in the United States prior to June 15, 2007 – seven years ago. Secretary Johnson issued an open letter to parents stating that the “long journey is not only dangerous; there are no “permisos,” “permits,” or free passes at the end.” (Read his letter)

(Source: DHS) 

The House passed a bill before recess, which the President plans to veto

Before leaving for recess, the House passed a Supplemental Appropriations bill (HR 5230), a $694 million border proposal to address the "humanitarian crisis at our southern border," according to House Speaker John Boehner (R-OH).

The Supplemental Appropriations bill includes:

1. $405 million for the Dept. of Homeland Security to boost border security and law enforcement activities.
2. $22 million to accelerate judicial proceedings for immigrants. 
3. $35 million for National Guard border efforts – essentially doubling the funding for the Guard presence on the border. 
4. $197 million for the Dept. of Health and Human Services (HHS) to provide temporary housing and humanitarian assistance to unaccompanied minors. 
5. $40 million in repatriation assistance to Guatemala, Honduras, and El Salvador. 
6. The funding in the legislation is fully offset through cuts and rescissions of existing funds within various federal agencies. (See the full summary.)

President Obama opposes the House measure and has threatened to veto the bill. (Read the Administration's statement.) The President requested $3.7 billion to address the crisis, while the Senate's proposal (S 2648) — which failed to advance to a vote — provided $2.73 billion. President Obama had also urged Congress to work on immigration reform. The Senate had passed a comprehensive immigration reform bill last year, and the President said that “our country and our economy would be stronger today if House Republicans had allowed a simple yes-or-no vote on this bill or, for that matter, any bill.” (Read the President’s remarks) 

In July, Congresswoman Kay Granger (R-TX), Chairwoman of the House Working Group to address the national security and humanitarian crisis at the southern border, announced the group’s recommendations and solutions. The House bill includes several of these policy provisions, including:

1. Requiring that all unaccompanied minors are treated the same as Mexicans for the purpose of removals. This would require unaccompanied children who do not wish to be voluntarily returned to their home country to remain in HHS custody while they await an expedited immigration court hearing that must occur not more than seven days after they are screened by child welfare officials. 
2. A prohibition on the Secretary of the Interior or the Secretary of Agriculture from denying or restricting CBP activities on federal land under their respective jurisdictions within 100 miles of the US-Mexico border. 
3. A change to the Immigration and Nationality Act to strengthen the law prohibiting criminals with serious drug-related convictions from applying for asylum. 
4. A provision expressing the “Sense of Congress” that the Secretary of Defense should not house unauthorized aliens at military installations unless certain specific conditions are met.

The House also passed DAVA reform (HR 5272), which would "freeze the Deferred Action for Childhood Arrivals (DACA) program and prohibit President Obama from taking future executive actions to expand amnesty for illegal aliens," according to the bill sponsor.

Recently Introduced Bills

Recently, several new bills were introduced in the House to directly address the problem of undocumented children crossing the border: 

Expedited Processing of Children

• HR 5114

  HUMANE Act (S 2611 in the Senate.)

  — *Bipartisan*— To facilitate the expedited processing of minors entering the United States across the southern border.

  Would treat all unaccompanied migrant children crossing our border with equality under the law, and allowing for voluntary reunification with family, whether they are from Mexico, Central America, or any other country; and allow unaccompanied migrant children who have a claim to remain legally in the United States to make this claim in court before an immigration judge within 7 days of the completion of Health and Human Services screening under the TVPRA of 2008. It authorizes up to 40 new immigration judges for this purpose. Requires immigration judges to make a determination as to whether an unaccompanied migrant child is eligible to remain in the United States within 72 hours of making their claim. Children who succeed in their claim will be allowed to remain in the United States in the custody of a sponsor while they pursue their legal remedies. Children who do not successfully make such a claim will be reunited with family in their home country. (Source: Sen. John Cornyn (R-TX))

• HR 5053

  Expedited Family Reunification Act

  To amend the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 to provide for the expedited removal of unaccompanied alien children who are not victims of a severe form of trafficking in persons and who do not have a fear of returning to their country of nationality or last habitual residence.

  "Under current law, Unaccompanied Alien Children (UACs) from nations not contiguous with the United States are required to face a deportation hearing before they are returned home to their parents. Thousands of Central American children recently apprehended by CBP agents now face immigration courts and the prospect of being forced to live for years in foster care—away from their families, loved ones, and home nations—before being returned home," according to the bill sponsor. "The Expedited Family Reunification Act would amend existing statute to harmonize the way unaccompanied children are processed and allow immigration officials to coordinate with Central American governments to ensure the safe return of UACs to their families in their home countries."

• S 2666

  Protect Children and Families Through the Rule of Law Act

  To prohibit future consideration of deferred action for childhood arrivals or work authorization for aliens who are not in lawful status, to facilitate the expedited processing of minors entering the United States across the southern border, and to require the Secretary of Defense to reimburse States for National Guard deployments in response to large-scale border crossings of unaccompanied alien children from noncontiguous countries.

• HR 5079

  Repatriating all unaccompanied children, regardless of their country-of-origin

  To amend the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 to provide for the repatriation of unaccompanied alien children.

  Under current law, unaccompanied children from Mexico or Canada can be screened within 48 hours and quickly repatriated back across the border if they are not a trafficking victim or have aclaim for asylum. However, children from other countries that are not contiguous with the US must go through a more formal and time consuming legal proceeding. In fact, unaccompanied children from countries other than Mexico (so-called OTM policy) are currently waiting 578 days on average for a hearing. Rep. Calvert’s bill would close the loophole by screening and repatriating all unaccompanied children, regardless of their country-of-origin, in the same process that has worked for unaccompanied children from Mexico and Canada. Source: Congressman Calvert (R-CA)

• HR 5143

  Protection of Children Act

  To amend the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 to provide for the expedited removal of unaccompanied alien children who are not victims of a severe form of trafficking in persons and who do not have a fear of returning to their country of nationality or last habitual residence.

• HR 5137

  Asylum Reform and Border Protection Act

  To modify the treatment of unaccompanied alien children who are in Federal custody by reason of their immigration status.

  All unaccompanied alien minors will be placed in expedited removal proceedings so they can be almost immediately returned home, unless they have a legitimate credible fear of persecution in their home country; provides that the Secretary of State shall negotiate agreements with other countries regarding the safe repatriation of minors, just as the Secretary does now for countries contiguous to the US; and implements tougher standards for “credible fear” claims.Unaccompanied alien minors will not have preferred access to asylum that is not available to others.Gives Border Patrol access to federal lands. Provides additional immigration judges and ICE prosecutors. (Source: House Judiciary Committee)

• HR 5121

  Restore Unalienable Rights Act

  To prohibit the indefinite detention of United States citizens and lawful resident aliens.

• S 2632

  Expedited Processing   (HR 5163 in the House)

  To provide for the expedited processing of unaccompanied alien children illegally entering the United States. Requires mandatory detention of all unaccompanied minors upon apprehension by border agents. Gives unaccompanied minors the option to voluntarily return to their country of origin. Places unaccompanied aliens children affiliated with gangs in an “expedited” removal proceeding. Raises the standards for “credible fear of persecution” to “substantiated fear of persecution” for unaccompanied minors seeking asylum under the law. Places unaccompanied minors without claims for asylum on the next available flight to their home countries within 72 hours of an initial screening, barring cost, feasibility, repatriation agreements with the minors’ countries and the health and safety of the minor, according to bill sponsors. 

• S 2619

  Children Returning on an Expedited and Safe Timeline Act (CREST Act)

  Requires unaccompanied children (UAC) from non-contiguous countries be given the same treatment as those from Mexico and Canada with respect to the option of voluntarily returning to their own country. Requires expedited removal of all undocumented immigrants that are stopped at the border attempting to enter the United States illegally, allowing law enforcement to return them to their home countries within days as opposed months or years. Requires mandatory detention of UAC until their cases are fully adjudicated, according to bill sponsors.

Border Security

• HR 4962

  National Border and Homeland Security Act

  To provide enhanced border security. Directs the Dept. of Homeland Security to finish the construction of fencing, and to provide for the installation of additional physical barriers, roads, lighting, cameras, and sensors to gain operational control of the southwest border; creates 6,000 new full-time positions for border patrol agents; better equips our border patrol agents to protect our national security by providing the advanced equipment necessary to scan for nuclear materials, according to bill sponsor.

• HR 4882

  Southwest Border Protection Act

  Would assist in refocusing our border security programs and secure DHS and CBP’s focus on illegal smuggling of drugs, individuals, and other transnational criminal activities," according to the sponsor. Calls for the deployment of at least 10,000 members of the US National Guard at the request of any Governor of a State that shares a portion of the international border between the US and Mexico.

• HRes 675

  House Resolution

  Supporting the Constitutional authority of the Governors of the States of Texas, New Mexico, Arizona, and California to take action to secure the international border of the United States within their States.

• HR 5261

  Central American and USA (CAUSA) Initiatives Act

  To establish a North and Central American and Caribbean border security cooperation initiative, enhance the security of Mexico’s southern border, and improve United States short term detention standards.

• HR 5316

  SECURITY Act (Safely Exacting Cautious Useful Rules for Immigration This Year)

  This bill introduces a wide array of border security measures including: requiring completion of double-layered fencing along the entire Southern border; requiring House and Senate Committees to be notified if there are closures of Border Patrol stations; deploying additional members of the National Guard to support Border Patrol; allowing detention of dangerous criminal aliens beyond 6 months and prohibiting gang members from achieving asylum or refugee status; prohibiting an alien deemed to have lawful presence via executive order or policy directive from being defined as a qualified alien for purposes of public benefits. The bill would also punish countries that refuse to accept their repatriated illegals by terminating trade and aid benefits. According to the bill sponsor.

• HR 5368

  Security and Opportunity for Vulnerable Migrant Children Act

  To direct the Secretary of State to develop a strategy to address the factors driving large numbers of unaccompanied alien children from El Salvador, Honduras, and Guatemala to seek admission to the United States.

• HR 5400

  Border State Protection Act

  "To enable governors of a border state to take necessary steps to establish operation control of their borders. It will also provide a protective legal umbrella – as they act within the parameters of this bill – from being held liable by the federal government for taking action," according to the bill sponsor

Appropriations And Foreign Aid

• HR 5141

  Unaccompanied Alien Children Assistance Control Act

  Would direct the President to reduce foreign aid from Guatemala, Honduras, El Salvador and Mexico by $15,000 per child who originated from that particular country. The money saved by this bill could then be redirected to assist states with the rising costs of these children, as well as aid in border security efforts, according to the bill sponsor.

• HR 5014

  Illegal Entry Accountability Act

  Would hold El Salvador, Guatemala, Honduras, and Mexico accountable for illegal immigration by immediately suspending US foreign aid to these nations until Congress determines if they have taken sufficient action to mitigate unlawful US-Mexico border crossings by their citizens, according to bill sponsors.

• HR 5230

  Supplemental Appropriations to Address the Southern Border Crisis (S 2743 in the Senate)

  Making supplemental appropriations for the fiscal year ending September 30, 2014. — Passed by the House on Aug. 1 — 

Transparency in Where these Children are Placed

• HR 5118

  Transparent Report of Alien Children’s Safety Act

  To facilitate the expedited processing of minors entering the United States across the southern border. Would "direct the Attorney General in consultation with the Secretary of DHS to report to Congress and the American people on how many unaccompanied children have entered our country, where they’re being sent, how many of them have been given immigration hearing dates, and how many of them are showing up for these hearings," according to the bill sponsor.

• HR 5138

  Our Communities, Our Choice Act

  Would "require the Department of Health and Human Services (HHS) to hold a public hearing no sooner than 90 days after selecting potential locations. HHS must also consider input from State and local officials before issuing any grants to house these children," according to bill sponsors.

• HR 5129

  UAC State Notification Act (S 2628 in the Senate)

  Would require the Department of Health and Human Services (HHS) to give states advanced notice when unaccompanied minors are to be placed in a state.  

• S 2767

  Combating Fraudulent Child Transfers Act

  To prohibit the fraudulent transfer of custody of unaccompanied alien children.

• HR 5253

  UAC State Authority Act

  To amend the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 to require consultation with States before awarding grants or contracts for housing facilities for unaccompanied alien children.

Addressing DACA and the President

The Obama Administration’s “Deferred Action for Childhood Arrivals” (DACA) program — which was initiated in 2012 — and gives a small amount of undocumented children short-term work authorization and protection from deportation. DACA, according to Homeland Security Secretary Jeh Johnson, “does not apply to a child who crosses the US border illegally today, tomorrow or yesterday.” To be eligible for DACA, a child must have been in the United States prior to June 15, 2007 – seven years ago. However, Members of Congress are calling on the President to amend DACA.

• S 2631

  Preventing Expansion of DACA  (HR 5160 in the House)

  To prevent the expansion of the Deferred Action for Childhood Arrivals program unlawfully created by Executive memorandum on August 15, 2012.

• SRes 486

  Senate Resolution

  — *Bipartisan*— A resolution expressing the sense of the Senate that President Obama should take immediate action to mitigate the humanitarian crisis along the international border between the United States and Mexico involving unaccompanied migrant children and to prevent future crises.

• HR 5272

  DACA Reform

  To prohibit certain actions with respect to deferred action for aliens not lawfully present in the United States including newly authorizing any alien to work in the United States who was not lawfully admitted into, and not lawfully present in, the United States.  — Passed by the House on Aug. 1 — 

Related Immigration Bills

There are also renewed calls for comprehensive immigration reform:

• HR 3163

  CIR ASAP Act

  "Directs the Secretary of Homeland Security to develop and submit to Congress a National Strategy for Border Security consistent with the progress already made by the Department of Homeland Security and aligned with a vision of effective and accountable enforcement for the 21st century; Requires DHS to meet certain requirements to ensure humane treatment of detainees, ensures adequate medical treatment, requires access to telephones, and increases protections from sexual and other abuse; Creates an employment verification system for employers to verify the work authorization of new hires; creates a legalization program for qualified undocumented immigrants (and their spouses and children)," according to bill sponsors. 

• S 744

  Border Security, Economic Opportunity, and Immigration Modernization Act

  — Bipartisan — To provide for comprehensive immigration reform. "Provides for border security measures that will achieve and maintain effective control in high risk areas of the Southern border; provides a path to citizenship for the 11.5 undocumented immigrants in the United States; creates a “Track One” merit based visa which will initially allocate 120,000 visas annually based on a points system; mandates E-Verify, provides additional worker protections, reforms the immigration court system and provides additional measures related to interior enforcement," according to bill sponsors.  — Passed by the Senate on June 27, 2013; the House version of this bill is HR 15. —  

• HR 1525

  Save America Comprehensive Immigration Act

  To amend the Immigration and Nationality Act to comprehensively reform immigration law. "Provides a path to earned access to legalization for those who meet certain eligibility requirements; the opportunity for young person’s brought to the United States as children to earn access to legalization and later citizenship and to serve in the military and attend college, which will help make our nation better and stronger; Promotes family reunification by increases in the allotment of family based immigrations visas," according to bill sponsors.

• HR 4620

  Accountability in Immigration Detention Act

  To ensure the humane treatment of persons detained pursuant to the Immigration and Nationality Act.

Please keep in mind that highlighting a bill doesn't imply a POPVOX endorsement in any way. Rather, we're simply trying to offer one more way to stay informed of an overwhelmingly complex legislative system.