Should the Deportation Process be the Same for all Unaccompanied Immigrant Children? (H.R. 1149)

What is H.R. 1149?

(Updated March 11, 2018)

This bill would eliminate the special repatriation requirements for unaccompanied immigrant children who entered the U.S. illegally and are from a country that shares borders with the U.S. (like Canada or Mexico). 

The Secretary of State would be authorized to negotiate agreements related to the repatriation of unaccompanied immigrant children with countries that do not share a border with the U.S. as this bill brings all unaccompanied immigrant children under the same process regardless of their country of origin. Under current law the Secretary is only able to negotiate these agreements with countries bordering the U.S.

Any unaccompanied immigrant child who is not a victim of a severe form of human trafficking and does not have a reasonable fear of returning to his or her country, but who is:

• In ongoing removal proceedings will have a hearing before an immigration judge within 14 days.

• In federal custody will be transferred to the Department of Health and Human Services (HHS) custody within 30 days.

• In HHS or the Department of Homeland Security (DHS) custody will have access to legal counsel at no cost to the government.

Argument in favor

It doesn't make sense to have two different processes for unaccompanied minors coming from border countries and any other place in the world. By not deporting them as soon as we find them, we'll only encourage more and more unaccompanied children to make the long and dangerous trek into the U.S.

Argument opposed

14 days is not enough time to determine if an unaccompanied immigrant child has "legitimate" reason to fear for their safety if they’re forced to return to their country of origin. We don’t subject adults who appear at our border with humanitarian claims to such rushed investigation, why would we put children through that?

Impact

Unaccompanied immigrant children who are in the U.S. illegally, immigration agencies within DHS, HHS, federal judges, the Secretary of State. Unaccompanied alien children, U.S. families wishing to foster these children.

Cost of H.R. 1149

A CBO cost estimate is unavailable.

Additional Info

In-Depth:

This legislation would not change the process for unaccompanied immigrant children who were victims of human trafficking, or fear persecution if they were to return to their country of origin.

Immigration officers are now required to return unaccompanied immigrant children to their country of origin or last habitual residence. This authority had previously been discretionary.

Of Note:

During the 2014 fiscal year there were 68,434 unaccompanied children who entered the U.S. illegally. As of late 2014, over 43,000 of those children were placed with sponsors, usually relatives, where they would remain until their cases are processed. Most of these children come from conflict-ridden areas of Honduras, Guatemala, and El Salvador. Children from Mexico also make up a considerable percentage of the group. The flood of people — a 945 percent increase from 2011 — caught the Department of Homeland Security (DHS) off guard, forcing the construction of three temporary shelters in California, Oklahoma and Texas military bases.

In opposition to this bill, the U.S. Presbyterian Church’s Reverend Gradye Parsons wrote to Congress saying:

“United States immigration law does not require adults who appear at our border with humanitarian claims to prepare a hearing within fourteen days. We do not have a mandate to hold them in custody while they await their hearing. Why, then, would we require children, who have been traumatized, who may not understand English or be able to read in any language, to be held to a more onerous process? Children deserve special consideration and protection — not less consideration and protection.”

Media:

Sponsoring Rep. John Carter (R-TX) Press Release

Numbers USA

Presbyterian Church USA (Opposed)

Washington Post (Context)