Children ‘Young as One’ Involved in U.S. Separation of Migrant Families

New York, N.Y. The current policy in the United States of separating “extremely young children” from their asylum-seeker or migrant parents along the country’s southern border “always constitutes a child rights violation,” the U.N. human rights office, OHCHR, said on Tuesday.

Since last October, “several hundred” youngsters – including a 12-month-old infant – have been separated from their families while their parents serve out prison sentences for entering the U.S. illegally, or wait in detention while their asylum claims are processed, OHCHR spokesperson Ravina Shamdasani told journalists in Geneva.

Reynosa, Mexico, August 24th, 2016: The bridge over the Rio Grande, connecting Reynosa, Mexico, and McAllen, Texas. The flow of refugee and migrant children from Central America making their way to the United States shows no sign of letting up, despite the dangers of the journey and stronger immigration enforcement measures implemented after a major increase in numbers in mid-2014. In the first six months of 2016, almost 26,000 unaccompanied children and close to 29,700 people travelling as a family – mostly mothers and young children – were apprehended at the US border. Many of the adults and some of the children apprehended at the US border are deported in expedited proceedings, women and young children spend weeks, and at times months in detention, while unaccompanied children may face years of uncertainty as their cases go before immigration courts. For many of the refugees and migrants, the US border marks the end of the road. For some children, deportation might end up being a death sentence. Anyone who fled from a gang or other criminal organizations is at high risk of being attacked, raped or killed upon returning home.The border crossing point over the Rio Grande, connecting Reynosa, Mexico
and McAllen, Texas, USA. August 2016. Photo: UNICEF/Adriana Zehbrauskas.

The flow of refugee and migrant children from Central America making their way to the United States shows no sign of letting up, despite the dangers of the journey and stronger immigration enforcement measures implemented after a major increase in numbers in mid-2014.
In the first six months of 2016, almost 26,000 unaccompanied children and close to 29,700 people traveling as a family – mostly mothers and young children – were apprehended at the U.S. border.
Many of the adults and some of the children apprehended at the U.S. border are deported in expedited proceedings, women and young children spend weeks, and at times months in detention, while unaccompanied children may face years of uncertainty as their cases go before immigration courts.
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For many of the refugees and migrants, the U.S. border marks the end of the road. For some children, deportation might end up being a death sentence. Anyone who fled from a gang or other criminal organizations is at high risk of being attacked, raped or killed upon returning home.
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She said OHCHR had received information on cases dating from last October; although the policy had begun in January 2017 when the newly-inaugurated President, Donald Trump, issued two executive orders related to migration.
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The current separation of children “was a direct consequence of that decision,” Ms. Shamdasani said, adding that the policy is applied to asylum-seekers and other migrants “in vulnerable situations.”
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There is nothing normal about detaining children – Ravina Shamdasani (OHCHR)

Thanks to the strong civil rights movement in the U.S. Ms. Shamdasai noted that a class action has been brought by the American Civil Liberties Union, on behalf of hundreds of parents – mainly from Central and Latin American countries – who have been separated from their children.

Ms. Shamdasani noted that there is “nothing normal about detaining children,” and that it  “is never in the best interests of the child and always constitutes a child rights violation.”

And on the legal issue of entering a country “without the right papers”, the UN human rights office spokesperson insisted that it should not be a criminal offense and “does not warrant jailing children.”

Once separated from their parents, Ms. Shamdasani said that children are often transferred into the care of the U.S. Office of Refugee Resettlement, and that efforts are made to find them a temporaroy guardian.

When their parents are released, youngsters are reunited with them and deported back to their country of origin.

For the majority this means to Honduras, Guatemala and El Salvador, where “rampant insecurity and violence” has forced them to flee, the OHCHR official explained.

In a call for an end to the practice, Ms. Shamdasani noted that the U.S. “generally held in high regard” the rights of children.

And although it is the only U.N. Member State not to have ratified the Convention on the Rights of the Child, it had signed the international accord and ratified others, which meant that it had legal obligations to children in its car, the OHCHR spokesperson explained.

Also present in Geneva, a spokesperson for the U.N. Refugee Agency, UNHCR, said that it was following the situation closely on the US southern border, but that it had no information on whether asylum requests had changed significantly since last year.

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The Stewardship Report on Connecting Goodness is the communications platform of The James Jay Dudley Luce Foundation (www.lucefoundation.org). There are now more than 100 contributors around the world to this publication.