County attorney warns feds might be violating state child abuse laws - East Valley Tribune: Politics

County attorney warns feds might be violating state child abuse laws

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Posted: Monday, June 9, 2014 4:08 pm

Saying immigrant children being bused to Arizona may be being placed in danger, Maricopa County Attorney Bill Montgomery warned federal officials Monday they may be violating state child abuse laws.

In a letter to a top immigration official, Montgomery said he fears that minors who really are not traveling with parents are being left at bus stations “without food, water or shelter, or means to acquire same” despite claims by Immigration and Customs Enforcement to the contrary. He cited an Arizona law which prohibits someone who has care or custody of a child from permitting them to be injured or placed in a dangerous situation.

He said that, given the 100-plus degree temperatures, “any federal official who directly engages in such conduct or who authorizes such conduct may be guilty of a Class 4 felony.” And if that is classified as a dangerous offense, the presumptive prison term is 6 years behind bars.

Montgomery's complaint comes as top officials in the Obama administration admitted earlier Monday they're not meeting a requirement in federal law to process unaccompanied minors within 72 hours and turn them over to federal health officials.

The officials, who would speak with reporters only on background and not for direct attribution, said they had prepared for an increase in immigrants from violence-prone Central American countries, but they said the flood of immigrants, mainly coming through the Rio Grande Valley in Texas, was larger than anticipated.

What that means is that these children, being handled separate from families bused to and dumped in Arizona, are remaining locked up for longer than they should at a facility operated by Customs and Border Protection which essentially is a refurbished warehouse with no indoor plumbing.

That point got the attention of Congressman Raul Grijalva who sent a letter Monday to the White House about where the children are being housed.

“I understand resources are strained and immediate actions need to be taken,” Grijalva wrote the president. “However, according to reports, this facility is not in a suitable condition to hold the unaccompanied children.”

He wanted details of when improvement would be made “to make conditions habitable” or, if not what is a contingency plan.

One administration official said efforts are underway to provide hot meals and shower facilities, “all kinds of thing to make their life there as comfortable as possible — but with the ultimate goal of trying to move the children as quickly as possible.”

That, however, creates another problem: Administration officials admit that the three facilities being prepared for the children at military bases in Texas, California and Oklahoma can house perhaps a maximum of 3,000. But hundreds have been arriving daily at Nogales for processing.

Administration officials said the Department of Health and Human Services, which is accepting legal responsibility for these unaccompanied minors, has access to thousands of other beds at existing facilities. But they said that clearly is not a good long-term answer.

What is, they said, is trying to find adult relatives for these children — even those in this country illegally and awaiting their own deportation proceedings — or at least foster care families.

Immigration and Customs Enforcement is saying all unaccompanied minors who enter the country illegally are being sent first to a processing center at Nogales and eventually to more permanent housing at military bases, never being abandoned alone. But Montgomery said it appears they may be being mixed in with families who are simply being bused to Arizona.

“When I spoke with Greyhound bus officials at the Phoenix bus station, they can't confirm exactly which minors who are in the bus station are with which adults,” he said.

Montgomery also said it's possible, if not likely, that adults who were captured trying to get into the country simply latched on to the nearest available child and proclaimed a relationship.

That maneuver would have prevented the person from being immediately locked up since ICE has only limited facilities for families. Instead, those families are being bused to Tucson and Phoenix — and other locations — and being given orders to report to ICE after reaching their final destination.

But what that also means, Montgomery said, is these adults are simply abandoning their newly “adopted” offspring at the bus station, and he said that makes ICE responsible for not verifying the familial relationship.

Montgomery conceded, though, he cannot do much at this point without hard proof.

“The best that I can do is simply let ICE know that if they are, in fact, dropping off unaccompanied minors with whatever process they're using right now, cannot provide that 100 percent certainty that they're not, they need to be advised they're potentially in violation of our child abuse statutes,” he said.

ICE officials did not immediately respond to queries about the letter to Thomas Winkowski, principal deputy assistant secretary for ICE, but Montgomery said he would be skeptical of whatever the agency says.

“It wasn't too long ago ICE was also telling us they weren't releasing in the community, and then, if they were, they weren't releasing any criminals with violent histories,” he said, statements Montgomery said later proved to be false.

In their background briefing, the administration officials brushed aside questions of whether the sudden rush of immigrants is due to some belief is that the Obama administration will give them amnesty if they get here.

They pointed out the Deferred Action for Childhood Arrivals program implemented two years ago specifically applies to those already here on that date. They said nothing in congressional legislation to provide some relief to those in the country would apply to these new arrivals.

Instead, they said the problem appears to be a direct outgrowth of violence in Central America.

“Honduras has the highest murder rate in the world,” one official said, with Guatemala and El Salvador not far behind.

She said if children were being lured in anticipation of a new amnesty, then there would be an across-the-board increase in migrants from all countries, but she said that is not the case.

Numbers provided by Border Patrol show that the number of unaccompanied children from Honduras is early nearly double from the same time a year ago. There also are large increases from El Salvador and Guatemala.

Yet the number of unaccompanied minors from Mexico actually is about a third less.

And most of that is coming through the Rio Grande Valley, where numbers more than doubled. By contrast, the increase through the Yuma sector is only 34 percent, with a 5 percent decline in the Tucson sector.

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