I believe so. I thank the Senator. I wish to begin by saying the Appropriations Committee is in very good hands. Chairman Mikulski has done an excellent job, and I strongly support this supplemental that she has put together. I wish to…
I believe so.
I thank the Senator. I wish to begin by saying the Appropriations Committee is in very good hands. Chairman Mikulski has done an excellent job, and I strongly support this supplemental that she has put together.
I wish to give my colleagues just some brief background of my involvement in the unaccompanied alien children issue. It began around 1999. On Thanksgiving Day, a 5-year-old in an inner tube off the coast of Florida, 3 miles out, was picked up by a fisherman. His name was Elian Gonzalez. The fisherman rescued him and he was taken to a hospital, but his mother and 11 others on the raft had drowned in their attempt to come to the United States from Cuba. That launched in this country a major debate about an unaccompanied alien child, whether he goes back to his father or whether he remains with his uncle in Miami.
Then, secondly, I am home one day and I turn on the television set, and I see a 15-year-old Chinese girl who had been placed on a container ship from China by her parents to flee China's rigid family planning laws. She came to this country. She was alone. She was desperate. She was picked up.
I saw her asylum hearing. She was unrepresented. She was shackled, her wrists were bound, and big tears were rolling down her face. She couldn't understand a single word that was spoken. She was held in a jail cell for eight months and in another detention facility for another four months after that. She eventually received asylum in our country, but she unnecessarily faced an ordeal no child should undergo.
At the time, she was only one of 5,000 other foreign-born children who were apprehended in the United States in need of protection. I remember thinking that that such treatment was terrible, and I had to do something.
In 2000, I introduced the Unaccompanied Alien Child Protection Act. I also pushed for the change in the Homeland Security Act of 2002, which successfully transferred the responsibility for the care of unaccompanied alien children from the former Immigration and Naturalization Service to the Department of Health and Human Services.
However, that change by itself was not enough to ensure that unaccompanied children were properly treated. Therefore, over the next 6 years, I continued to consult with relevant Federal agencies, children's advocates, immigration attorneys, House Members such as Zoe Lofgren on the House Judiciary Committee, and fellow Senators.
Finally, in 2008 the legislation was included, amazingly enough, by voice vote in both Houses, as part of a larger trafficking bill, the William Wilberforce Trafficking Victims Protection Reauthorization Act. It was signed into law by President Bush on December 23, 2008. It took effect 6 months later. That year, the number of children was in the vicinity of 8,000. It provided the framework for how unaccompanied children would be treated while in the United States and for their safe and orderly return to their home countries without undue delay if they did not qualify to stay.
We now have a dramatically escalated situation that was not foreseeable at that time. Last fiscal year 2013, 24,000 unaccompanied children arrived in our country. This year more than 62,000 unaccompanied children have arrived in our country, and the Department of Homeland Security is preparing for as many as 90,000 such children to arrive in the country by the end of this year.
The numbers are so great and so unprecedented that our Federal agencies understandably are having difficulty carrying out the procedures and timelines in place. I have sent members of my staff in California to every Office and Refugee Services shelter in the State, and they have sent me photos and their impressions. I wish to take a moment to thank all our people, whether it is Border Patrol or ICE of Homeland Security or anybody else--such as Health and Human Services-- for the excellent job they are doing. I saw 8 to 10 facilities through pictures and reports, where children were in bright rooms, had beds with covers, and a day program. So, every effort has been made.
But the numbers are so great and unprecedented that the difficulties continue. When we run out of money, there is going to be a different story.
But we must remember that the children at issue, who are unaccompanied, are primarily from El Salvador, Guatemala, and Honduras, three Central American countries which are deeply troubled. Many have entered as victims, I am sorry to say, of rape, abuse, poverty, and above all, violence.
They are alone, subject to abuse and exploitation. Many are young and unable to articulate their fears, their views, or testify about their needs as accurately as adults can. Considering this, there is no other option but for us to help and continue to treat them humanely, with compassion and due process. That is what this supplemental does.
I have met with Secretary of Homeland Security Jeh Johnson, and the head of the Department of Health and Human Services, Sylvia Burwell, and both tell us their agencies run out of funds by September. We must responsibly fund these agencies, for not only are they managing the current humanitarian crisis at our border, but they are also charged with protecting human life and our homeland security.
With this funding, not only can we preserve our commitment to treat children as the children that they are, we can improve the way that the current law is being administered and more efficiently put our resources to work.
Earlier today, I met with immigration judges from the U.S. Department of Justice's Executive Office of Immigration Review. They informed me they are desperate for increased resources with which to handle not only the influx of children's cases but also a current backlog of 375,000 cases. Due to there being only 243 immigration judges across the country, immigrants today wait 587 average days for a hearing. That is one year and 7 months before they have the opportunity to come before an immigration judge.
With adequate funding from this supplemental, which provides for immigration judge teams, legal representation and services, government immigration litigation attorneys and courtroom equipment, among other things, this crisis can be managed and make the processing of children more efficient.
One of the judges who sits in Miami told me that through her court where a child has representation, a voluntary return to the country of origin was able to be achieved in a majority of her cases. So the majority of children actually took voluntary departure and returned to their countries. A judge can't make a phone call, but a counsel can-- the attorneys could make the calls to do the necessary preparation and see that a safe home could be arranged. Because of this representation, cases are processed more quickly and children could safely return.
I understand there has been concern that unaccompanied children will not appear for their immigration court proceedings. That is simply not true. The fact is, whether represented or not, 60.9 percent do appear, and the number increases to 92.5 percent when represented by counsel. So these children do get before a judge--60.9 percent of them, and if they have a lawyer, 92 percent.
With this supplemental funding, the immigration courts, with help from legal representatives, would be able to hear more quickly immigration cases and determine with justice who may stay and who must go.
I was contacted recently by Winston Lord, a former U.S. Ambassador and Assistant Secretary of State, who is all too familiar with managing situations of international crises while preserving our national interest. In reflecting on the current crisis, he acknowledged the need for effective border control and immigration enforcement to ensure national security and a comprehensive solution. However, he also identified the heart of the matter here: ``These challenges . . . need not be met by using ineffective and indiscriminate approaches that harm innocent children.''
He is right.
We are a great Nation, capable of safeguarding our national security while simultaneously proceeding with humanity in addressing this crisis, and any future challenges that this country faces. This problem demands action now to provide these agencies with the funds they need to meet this crisis.
Now, if we don't pass this, and if these departments run out of money, and if facilities have to be closed, and if there is nowhere for these children to go, let us think for a moment what happens to them. Should they experience the same thing in this country they have back home? What will they do? And what does that do to our conscience?
I think this supplemental is well put together. The chairman of our committee has gone through it with a fine tooth comb. She has reduced it in size. I think it is well representative of the situation that dramatically needs funding. So I really hope there is a heart in this body and that this supplemental appropriation is approved.
I thank the Chair, and I yield the floor.
Well, that is exactly right. The chairwoman's supplemental does that. That is really what makes the difference for the child. If a child can't speak the language and if a child is held in a jail cell and if a child is shackled and handcuffed before a judge, and a child has nobody to help them and no one they know in this country, what can they do except cry? That is what I saw directly myself, and that is what sort of awakened me then to a problem, which was just 5,000 a year in the start of this. Now we are at 54,000, and probably 90,000 before the end of the year.
So I thank the Senator for her support and her energy and effort that she has put forward.
I hope this body does the right thing.
Remembering Admiral Chuck Larson