Thursday, 24 July 2014 16:05

Illegal Immigrant Children Fail to Show at Immigration Hearings

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Judge Michael Baird of the federal Dallas Immigration Court said on July 22 that 18 of the children whose cases he was scheduled to hear on that day didn’t show up for court. The unaccompanied children were among 20 from Honduras, El Salvador, and Guatemala who were set to appear in Baird’s court for initial deportation hearings.

The Dallas Morning News cited Baird’s statement describing the absentee rate that day as “highly unusual” — so high that he reset the hearings for August 11 rather than possibly issuing a deportation order.

Baird said he was concerned that the children may not have received proper notice of the hearings from the federal government. Attorney Lynn Javier of the U.S. Department of Homeland Security agreed that it was “prudent” to reset the hearings, the Dallas paper reported.

Testifying before the Senate Homeland Security Committee studying the illegal immigration crisis on July 9, Juan Osuna, director of the Executive Office of Immigration Review at the Department of Justice, said that about 46 percent of all children, whether accompanied or unaccompanied, who are apprehended by authorities fail to show up for hearings before immigration judges.

The New York Post reported that Osuna told the committee that his office did not have completely accurate data for the court appearance rate for the unaccompanied children, so the non-appearance rate could be even higher.

Osuna noted that even minors who obey the law face lengthy waits inside the United States because immigration courts are overloaded with a record 375,000 cases. “We are facing the largest caseload that the agency has ever seen,” Osuna testified before the committee.

The William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008, which required judges to ascertain that minors would not be sent back into the clutches of traffickers in their homelands before deporting them, makes it nearly impossible to deport unaccompanied minors to Central America without first letting them appear before an immigration judge.

Though possibly the act was passed with good intentions, the authors of the act did not anticipate the massive increase in the numbers of such unaccompanied minors, which has clogged the immigration courts to the point of eliminating their effectiveness.

During a press briefing on July 16, White House Press Secretary Josh Earnest said that those who do not qualify for asylum will be deported: “This administration is also committed to enforcing the law. And that means that after going through that due process proceeding, if an immigration judge determines that an individual does not qualify for humanitarian relief, then that person will be repatriated and sent back to their home country.”

“Based on what we know about these cases, it is unlikely that most of these kids will qualify for humanitarian relief,” Earnest said in another briefing a few days later. “And what that means is they will not have a legal basis for remaining in this country and will be returned.”

However, given the lengthy period of time between apprehension and the hearing, and the fact that the illegal immigrants are free to go wherever they wish during the interim, it is not surprising that the no-show rates at the determination hearings is apparently so high. And naturally, illegal immigrants who do not appear in immigration court cannot be deported.

Mark Greenberg, the acting assistant secretary for the Administration for Children and Families at Health and Human Services, told the Senate committee that the detained children are required to be held in the least restrictive environment, which means that about 95 percent are released to family or adult sponsors in the United States pending court hearings.

However, reported the Post, after being questioned by Senator Tom Coburn (R-Okla.), Greenberg admitted that it is the Obama administration’s policy to not check the immigration status of the relatives who sponsor the children. “The likelihood they [the children] are going to show up before a judge is markedly diminished because it exposes [their relatives to possible deportation],” Coburn said. 

A report from Scripps News on July 23 cited research conducted at Syracuse University indicating that over the last nine years, between 31 and 38 percent of child immigrants from Guatemala, El Salvador, and Honduras failed to appear in court.

However, because of the rapid increase in juvenile illegal immigration over the past year, obtaining up-to-date, accurate figures is extremely difficult.  Almost every authority cited believes the numbers are high, however.

Senator Jeff Flake (R-Ariz.) told the PBS NewsHour earlier this month that 90 percent of child migrants do not appear in court. Interestingly, Flake was a member of the Gang of Eight that drafted the “immigration reform” bill passed by the Senate last year — a bill that Sen. Ted Cruz (R-Texas) charged “would give amnesty to an estimated 11 million illegal immigrants with no guarantee of a secure border.”

Judge Dana Leigh Marks of San Francisco, who has been deciding immigration cases since 1987 and is president of the National Association of Immigration Judges, was quoted in a July 22 Reuters report as saying: “We are reaching a point of implosion, if we have not already reached it.”

Reuters noted that Marks, who is one of the 243 judges presiding over 59 immigration courts in the United States, is setting hearing dates as far in the future as 2018.

It is obviously not realistic to expect that a young illegal immigrant, probably being shifted around from one illegal immigrant family to another, will appear at a court hearing four years from now.

Until the flow of illegal immigrants is stopped by a combination of eliminating the incentives that draw them here, making the border more secure, and providing for speedy deportation, the immigration court nightmare can only grow worse. 

 

Related articles:  

Ted Cruz Says Dems Are Holding Immigrant Kids Ransom

Obama Admin. Blames Bush-Era Law for Failure to Deport Illegals

Former Border Patrol Agents: Illegal Immigration Crisis "Contrived”

Ron Paul Exposes Ill Effects of Illegal Immigrants on Hospitals

Key Players Comment on Immigration Crisis

Illegal Immigrant “Children” Include MS-13 Gang Members

Obama Opens Borders, Releases Illegal Immigrants Into U.S.

DHS: Flow of Illegal Immigrants Encouraged by U.S. Failure to Deport

9 comments

  • Comment Link Will Jones Saturday, 26 July 2014 08:41 posted by Will Jones

    Illegal immigration by pliant (and juvenile/adolescent) Hispanic Roman Catholics is orchestrated and logistically maintained in Latin America by the Roman Catholic Church and its Capitol Hill-controlling false-Jew Talmud/papist false-elite faction all know is responsible for the coverup of 9/11, Sandy Hook, the JFK- and MLK-assassinations, de-industrialization and off-shoring of our jobs, and the impending Fed Scam collapse of our economy.

    Their signed confession of treason, an explicit satanic stratagem to organize, promote, and protect their army of pawns for invasion and conquest of liberal, whig, Jeffersonian America's divine right of Individual Sovereignty - American Exceptionalism's foundational credal civil religion's three tenets enshrined on Our Great Seal of the Covenant of the sovereign People with the Creator of the universe, our named Sovereign - is openly published for every patriot eye to read.

    http://www.amazon.com/National-Publication-Publishing-Promotion-Conference/dp/1555861997/ref=sr_1_1?ie=UTF8&qid=1397039399&sr=8-1&keywords=National+Pastoral+Plan+for+Hispanic+Ministry

  • Comment Link Claudia Larson Friday, 25 July 2014 18:26 posted by Claudia Larson

    They're applying to be added to these programs: WIC, ($7,000,000,000) SNAP ($80,000,000,000 a year), TANF ($31,000,000,000), Supplemental housing($24,000,000,000) and MEDICAID ($265,000,000,000), CHIP ($9,000,000,000)School Lunch Program ($11,600,000,000) total $795 BILLION this doesn't count 8 Cash Assistance programs 8 vocational training programs 3 utility assistance programs total 2 child care and development programs. ALL together are tax payer burdens.

    They are baby machines and proud of it:

    41% of native born Latinos believe that unauthorized immigrants come to the US to have babies.
    http://www.pewhispanic.org/2010/10/28/iv-views-of-immigration-policy/

    16% (Hispanic) of the US population is responsible for 1/2 the US growth
    http://www.pewhispanic.org/2011/03/24/hispanics-account-for-more-than-half-of-nations-growth-in-past-decade/

    53% of Hispanic women have illegitimate births
    http://www.pewresearch.org/daily-number/disapprove-of-single-mothers/

  • Comment Link Frank M. Pelteson Friday, 25 July 2014 13:43 posted by Frank M. Pelteson

    Ms. Preston has a point. But she still does not realize that both the Republicans and the Democrats are an artificial split of one party manipulated by the INSIDERS behind the scenes. This is explained in http://www.thenewamerican.com/usnews/politics/item/2411-apples-to-oranges .

    As long as she hopes that the Republicans can neutralize the Democrats, she is just another dupe of the INSIDERS.

    Instead she needs to focus her attention on the INSIDERS. There is a good book that is helpful in this regard: Amazon has it. It is called "The Insiders," by McManus. See http://www.amazon.com/Insiders-John-F-McManus/dp/1881919099/ref=sr_1_1?s=books&ie=UTF8&qid=1405181095&sr=1-1&keywords=the+insiders+mcmanus (Copy the whole URL and paste it in your browser's address strip.)

  • Comment Link Old Mullet Friday, 25 July 2014 08:20 posted by Old Mullet

    The unlawful act of these illegal aliens began in the town they came from and escalated with each place they were hauled to (and from). Crossing the border from Mexico to the U.S. without proper methods is known as a criminal act the world over. So, why are "we" continually awed and amazed that they do not care one whit about our laws from the git-go? Speaking of them being "children", who would turn actual "children" loose to fend for themselves while waiting months for a court appearance and EXPECT them to show up??? Dee Eugh Aech.... DUH. It is becoming clearer and clearer that a college education hasn't helped those people in charge of our nation at all. Can you see the persons (aka children), mere toddlers as portrayed by the media, wandering through town waiting for a court date? Why don't we go ahead and call them what they are being used for; political fodder: A way to wreck our economy, our freedom, our national debt, our childrens' future, the job market for Americans (and legal immigrants) and much more. Has any compliant citizen thought of what will happen when there are no more "conservative" Americans left? Free food, free housing, free medical, free entertainment, freedom from work, and last but not least, no taxes to pay. Good bye congress. You will not be needed any more.

  • Comment Link Heidi Preston Thursday, 24 July 2014 22:06 posted by Heidi Preston

    This is getting to be pretty much comic relief, like a dog chasing it's tale ...I mean tail.

    1.According to Jeb Bush they are all "acts of love."- via Rocky
    2. Senator Diane Feinstein " it's like Jewish people being turned away from their lands to refuge places like America"- sympathy appeal via Reuters
    3. If the GOP doesn't take of this then Hillary Clinton will win- John McCain (homeland security failure to secure the boards in the first place)

    Do our politicans look like a bunch of incompetent, idiots or what? But the big question remains....why do certain elements in our Government want to burden it's citizens even more through the Welfare system to where it explodes?.....new currency?, new reforms to allow boarder less nations with a central command and which nation would hold that grand position? So many questions, so many hidden agendas...meanwhile get some popcorn and watch the movie unfold....trama drama reels it's ugly head once more all that's missing are the cop scenes with gun fights, car chases and fiery explosions, sure to come in the next scene somewhere. By the way are illegal aliens capable of vanishing into thin air only to reappear somewhere else....coolio.

  • Comment Link AJ Thursday, 24 July 2014 19:25 posted by AJ

    Come on, people...how are we going to defeat the Leftists if we insist on using their Newspeak terminology?!? NOT "illegal immigrants", "ILLEGAL ALIENS"!

  • Comment Link Rocky Thursday, 24 July 2014 18:18 posted by Rocky

    I am shocked that 18 out of 20 illegal aliens didn't show up for their hearing ! Absolutely shocked that these honest, hard working, non criminal type teenagers would do something like this. According to Jeb Bush they are all "acts of love."
    I would be even more shocked if our gutless politicians in BOTH political parties decided to enforce our immigration laws and deported ALL of them ! Far to many of our elected officials have sold their soul and their country for money, power and votes. If America is to be saved, it's up to the people to do it themselves. Expect no help from government, they will fight it all the way. We either do this now and hand them the keys to America in less than 20 years.

  • Comment Link Barbara VanBeber Thursday, 24 July 2014 18:09 posted by Barbara VanBeber

    The authors of the act didn't anticipate the massive increase in the numbers of unaccompanied minors...

    Wrong, they didn't anticipate Obama going rogue.

    Of course the ruling class will be ensconced in their gated communities...with the actual taxpayers bearing the burden, pain and cost of this debacle.

  • Comment Link rprew Thursday, 24 July 2014 16:22 posted by rprew

    18 out of 20 didn't show up? My! What a surprise! Never saw that one coming.

    I'm fully confident they will show up on August 11. If not, they deserve the benefit of the doubt and can always be rescheduled for a later date.

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