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In-Country Processing for Children from Guatemala, Honduras and El Salvador Sponsored by Church World Service (CWS), Ethiopian Community Development Council.

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Presentation on theme: "In-Country Processing for Children from Guatemala, Honduras and El Salvador Sponsored by Church World Service (CWS), Ethiopian Community Development Council."— Presentation transcript:

1 In-Country Processing for Children from Guatemala, Honduras and El Salvador Sponsored by Church World Service (CWS), Ethiopian Community Development Council (ECDC), HIAS, International Rescue Committee (IRC), Jesuit Conference USA, Kids in Need of Defense (KIND), Lutheran Immigration and Refugee Services (LIRS), U.S. Conference of Catholic Bishops Migration and Refugee Services (USCCB/MRS) and the U.S. Committee for Refugees and Immigrants (USCRI) Church World Service (CWS), Ethiopian Community Development Council (ECDC), HIAS, International Rescue Committee (IRC), Jesuit Conference USA, Kids in Need of Defense (KIND), Lutheran Immigration and Refugee Services (LIRS), U.S. Conference of Catholic Bishops Migration and Refugee Services (USCCB/MRS) and the U.S. Committee for Refugees and Immigrants (USCRI)

2 Agenda 9:30 Introductions, context, overview of agenda Naomi Steinberg, RCUSA and Greg Chen, AILA 9:45 Background: children & families fleeing violence in Central America, Q&A Mary DeLorey, Jesuit Conference; Aryah Somers, KIND; and Leslie Velez, UNHCR 10:35 Background on the U.S. refugee resettlement program, Q&A Stacie Blake, USCRI 11:05 Central American Minors Affidavit of Relationship program, Q&A Anastasia Brown, USCCB 12:10 Protection concerns & advocacy issues, Q&A Anna Greene, IRC; Joanne Kelsey, LIRS; Bill Frelick, HRW 1:00 Q&A and conversation on resources needed, next steps, lunch provided 1:30 Adjourn

3 BACKGROUND: CHILDREN AND FAMILIES FLEEING VIOLENCE IN CENTRAL AMERICA

4 Reasons for Migration – The Northern Triangle UNHCR Children on the Run Report: 58% of children interviewed were forcibly displaced and in need of international protection 48% impacted by violence by gangs and organized armed groups and/or by State actors 21% survived abuse and violence in their homes by their caretakers

5 Majority of UACs are from communities with very high rates of violence Communities of origin - unaccompanied children

6 Widespread violence in the Northern Triangle Honduras: highest per capita murder rate in the world, El Salvador, Guatemala 4 th, 5 th Growing internal displacement and lack of protection in each country 712 % increase in asylum claims by C.A.’s in neighboring countries Children of migrants targeted for extortion; families targeted for resistance Suleka.com U.S. Edition http://newshopper.sulekha.com/honduras-violence_photo_1498109.htm

7 The Tormented isthmus, The Economist Apr 14 2011 http://www.economist.com/node/18558254?story_id=18558254&fsrc=rss High rates of violence linked to high levels of inequality & poverty

8

9 1970s to early 90s civil wars/internal conflicts* Limited re-integration of C.A. combatants Limited integration of migrant children - U.S. gangs “Mano Duro” crackdown Refugee/migration flows divided families Criminal activity of unemployed, armed youth Deportation to C.A. few integration options Concentration of gangs Security/Violence - Gangs History of State sanctioned violence and impunity

10 Organized Crime &Drug Trafficking: Corrupting Government, police and military Weak rule of law, impunity Historic concentration of power, limited ‘social contract’ Weak government structures Security- Weak Rule of Law, Organized Crime

11 Economic Factors Ted Woods Photo documentary http://www.tedwoodphoto.com/galleries/travel- documentary/ Extreme economic inequality Urban: Limited formal employment options High youth unemployment – neither in school nor working Rural: Low investment in rural development Higher rates of poverty, chronic malnutrition in Guatemala, Limited social welfare investment (education, health, social safety net)

12 Leslie E. Vélez, Senior Protection Officer, UNHCR Washington 31 March 2015

13 OVERALL ASYLUM CLAIMS, 2000-2013 (From El Salvador, Guatemala, Honduras) Source: UNHCR Population Statistics

14 Overall Asylum Applications to Other Central American Countries & Mexico 2008-2013 (712% Increase) Countries Where Asylum Applications Filed - 2013 ASYLUM CLAIM TRENDS

15  Enter VENN HERE

16 INTERNATIONAL PROTECTION NEEDS WW 16

17 UNHCR doctrine & interpretive guidance* relevant to Central American persecution claims UNHCR Guidance Note on Refugee Claims relating to Victims of Organized Gangs UNHCR Guidelines on International Protection: Gender-Related Persecution within the context of Art. 1A(2) of the 1951 Convention and/or its 1967 Protocol relating to the Status of Refugees UNHCR Guidelines on International Protection: ‘Membership of a Particular Social Group’ within the context of Art.1A(2) of the 1951 Convention and/or its 1967 Protocol relating to the Status of Refugees* UNHCR Guidelines on International Protection: Child Asylum Claims under Articles 1(A)2 and 1(F) of the 1951 Convention and/or 1967 Protocol relating to the Status of Refugees * UNHCR’s ‘particular social group’ guidelines may be relevant to Central American persecution claims relating to gang violence, domestic violence, SGBV, violence related to sexual orientation or gender identity, and violence specifically targeting children and adolescents.

18 Debunking the DACA link Niskanen Center: Examining the UAC-DACA Link: New Data Show Child Migrant Crisis Began Before DACA: http://niskanencenter.org/blog/news/examining-the-uac- daca-link-new-data-show-child-migrant-crisis-began-before-daca/http://niskanencenter.org/blog/news/examining-the-uac- daca-link-new-data-show-child-migrant-crisis-began-before-daca/

19 Protection Concerns Protection means promoting the safety, dignity and fundamental rights of displaced persons and communities, as found in international law, refugee law and humanitarian law. International protection mechanisms are not being implemented (restrictions on the ability to leave one’s home country, access to asylum in Mexico) Regional protection and safety institutions are ineffective, including child welfare agencies and women’s shelters, which are compromised by corrupt policy and military personnel Protection screenings are not adequately implemented in Mexico and throughout the region US role in training and resourcing border agents in Mexico and throughout the region

20 Interdictions & Migration Enforcement Deportations from the U.S. were prevalent during the increase in children and families this summer. Because of U.S. pressure on Mexico and through the provision of funding and equipment, Mexico is now deporting significant number of Central American children and families at its southern border, without any protection screenings to prevent refoulement (forcible return to serious harm) or assist in asylum applications

21 Regional Interdiction, Externalized Borders Mexico Increased funding through the Merida Initiative for migration control- particularly in Southern Mexico Training by U.S. authorities (ICE and CBP) in interdiction and Mexico/Guatemala border control has not included a focus on international protection, including access to asylum processes or humanitarian protection Honduras-Guatemala Border Operation Rescate Ángel y Operación Coyote 1: Migration control programs carried out by the Honduran Government, to intercept children and families attempting to cross from Honduras to Guatemala. The initiative and security units have received equipment and training from US agents: CBP, ICE Guatemala-México Border Paso Seguro: Interception Program in Guatemala through an agreement between the Guatemalan and Mexican governments with financing tactical support and equipment provided by the U.S.

22 Unaccompanied Children in the United States ORR reports that 58,672 unaccompanied children entered the U.S. in 2014 and while current comparative trend is 39% down from FY2014, there are still projections that reach towards FY2014 numbers ORR operates a network of shelters and federal foster care families to provide care and custody to unaccompanied children In 2014, about 90% of these children were released to family sponsors across the country In 2014, the remaining 10% either remained in ORR shelters or federal foster care or have been removed from the U.S. to their country of origin

23 Source: Grantmakers Concerned with Immigrants and Refugees See also: ORR, County by County Breakdown, Release to Sponsors of Unaccompanied Children http://www.acf.hhs.gov/programs/orr/unaccompanied-children-released-to-sponsors-by-county

24 The Asylum Process, Legal Screenings & Services in the U.S. for Unaccompanied Children Legal screenings –Children may have been initially screened and provided Know Your Rights information while in the ORR shelter by a network of legal service providers Lack of legal representation: –About 70% of unaccompanied children in removal proceedings do NOT have attorneys representing them in immigration court – Data from Syracuse University shows that 79.5% of children released to a relative show up for court and even more - 95.1% show up when they have a lawyer.from Syracuse University Asylum –Unaccompanied children, even if in removal proceedings, can have their claims heard before USCIS, the current grant rate is approximately 58% –The most common types of grants of asylum: child-abuse based; sexual and gender-based violence; gang or cartel-related –There is usually time allowed to account for children’s specialized needs in this context, complex trauma and cultural considerations in disclosure of abuse Very limited post-release services –There are limited wrap-around post release social and legal services for unaccompanied children Expedited Hearings –Since last summer’s surge of unaccompanied children, the government has expedited hearings leading to problems of notice of hearing, making it difficult for them to find or get access to attorneys, and leading to over 7,000 in absentia orders across the country

25 Family Detention, Process, and Alternatives Children who are accompanied by a parent are placed into family detention facilities in prison-like conditions after being apprehended at the border –South Texas Family Residential Center in Dilley, Texas has capacity for 2,400 people –Karnes County Residential Center in Karnes City, Texas has capacity for 1,000 people –Berks Family Residential Center in Leesport, Pennsylvania has capacity for 85 people Non-profits have developed alternatives to detention, but these have had limited use by government, even if more cost-effective Serious barriers to asylum and access to counsel


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