The Legalities of this Crisis

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July 3, 2014. “Send them back, send them back, they don’t speak our language. They don’t wave our flag, they wave they flag. They only want to hang out in their own neighborhoods.” Enrique Morones credited Benjamin Franklin for this quote. Franklin’s lack of empathy towards the German immigrant is known, and it is part of a long pattern of not liking the new group. He also pointed out that there was a time when it was said there were too many Polish, Italians and Irish. Now it is the Latino who is getting that treatment.

“It was wrong to say it back then, and it is wrong to say it now.” Morones has not been shy in stating that there is a race component to this. He has stated to both local and national media that if these were Canadian children we would not be having these conversations.

So what are the legalities of this? Is there any truth to the claims from the Cartels that people will get a piece of paper? Ironically there is, and here is where education comes in. The piece of paper that the Cartels and organized crime are telling these desperate people is permission to stay in the United States is actually their order to report to the Administrative Judge that will adjudicate the case.

Victor Manuel Torres

Victor Manuel Torres

According to Victor Manuel Torres, a lawyer, “unaccompanied minors who have crossed the border from Central America cannot be sent back on a very simple basis, people here have a right to due process.”

President George W Bush also singed current law, and it has established a process for these children. These children receive paperwork ordering them to go before an Administrative judge who decides on the merits of the case. It is a case-by-case process. The person can appeal the judgment before the Board of Immigration Appeals, and ultimately all the way to the United States Supreme Court.

There are efforts under way in the countries of origin by both Governments and Non Governmental Organizations (NGOs)to educate the population that the trek to El Norte is very dangerous and that the piece of paper is not what organized crime is telling them.

Morones suggested that US Embassies take refugee applications in their home countries, to ease the pressure on the southern border.

Mexico has also been affected. NGO’s have been overwhelmed and places like the Casa del Migrante are operating on razor thin budgets and are at beyond capacity. This according to Mar Cardenas who works for the Centro Garymar de Tijuana.

 



Categories: Immigration Policy, poverty

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