Post by Webster on May 25, 2018 12:47:40 GMT -5
Arizona Daily Star: Parents, children ensnared in 'zero-tolerance' border prosecutions
-Read more: tucson.com/news/local/parents-children-ensnared-in-zero-tolerance-border-prosecutions/article_e6b83d53-f4bd-566d-8487-9e9b67ef2bd8.html
Alma Jacinto covered her eyes with her hands as tears streamed down her cheeks.
The 36-year-old from Guatemala was led out of the federal courtroom without an answer to the question that brought her to tears: When would she see her boys again?
Jacinto wore a yellow bracelet on her left wrist, which defense lawyers said identifies parents who are arrested with their children and prosecuted in Operation Streamline, a fast-track program for illegal border crossers.
Moments earlier, her public defender asked the magistrate judge when Jacinto would be reunited with her sons, ages 8 and 11. There was no clear answer for Jacinto, who was sentenced to time served on an illegal-entry charge after crossing the border with her sons near Lukeville on May 14.
Parents who cross the border illegally with their children may face criminal charges as federal prosecutors in Tucson follow through on a recent directive from Attorney General Jeff Sessions to prosecute all valid cases, said U.S. Attorney’s Office spokesman Cosme Lopez.
U.S. Customs and Border Protection started referring families caught crossing illegally for prosecution several weeks ago, Lopez said. Those prosecutions unfold both in Streamline cases and through individual prosecutions.
On Thursday, Efrain Chun Carlos, also from Guatemala, received more information than Jacinto when he asked Magistrate Judge Lynnette C. Kimmins about his child during Streamline proceedings.
“I only wanted to ask about the whereabouts of my child in this country,” Chun said.
Kimmins responded she didn’t know where his child was and suggested he ask officials at the facility where he will be detained.
Christopher Lewis, the federal prosecutor at the hearing, told Kimmins that children from countries that are not contiguous to the United States will be placed in foster care with the Office of Refugee Resettlement.
“When they will be reunited, I cannot say because that’s an immigration matter,” Lewis said.
A spokesman for CBP did not provide information about the process for parents and children apprehended by Border Patrol and those presenting themselves at ports of entry.
It is still unclear what happens to the children of parents who are prosecuted, said Laura St. John, legal director with the Florence Immigrant and Refugee Rights Project based in Arizona. Technically, once the child is separated from the parent they are deemed an unaccompanied minor and their cases should be processed separately.
If parents are deported, they can ask that their children go with them or ask that the child be reunited with another sponsor in the U.S., which gives the child a chance to fight an immigration case on his/her own as an unaccompanied child, consulate officials and attorneys said. If the parent decides to fight the case and is released from ICE custody, they can request to be reunited outside detention.
The 36-year-old from Guatemala was led out of the federal courtroom without an answer to the question that brought her to tears: When would she see her boys again?
Jacinto wore a yellow bracelet on her left wrist, which defense lawyers said identifies parents who are arrested with their children and prosecuted in Operation Streamline, a fast-track program for illegal border crossers.
Moments earlier, her public defender asked the magistrate judge when Jacinto would be reunited with her sons, ages 8 and 11. There was no clear answer for Jacinto, who was sentenced to time served on an illegal-entry charge after crossing the border with her sons near Lukeville on May 14.
Parents who cross the border illegally with their children may face criminal charges as federal prosecutors in Tucson follow through on a recent directive from Attorney General Jeff Sessions to prosecute all valid cases, said U.S. Attorney’s Office spokesman Cosme Lopez.
U.S. Customs and Border Protection started referring families caught crossing illegally for prosecution several weeks ago, Lopez said. Those prosecutions unfold both in Streamline cases and through individual prosecutions.
On Thursday, Efrain Chun Carlos, also from Guatemala, received more information than Jacinto when he asked Magistrate Judge Lynnette C. Kimmins about his child during Streamline proceedings.
“I only wanted to ask about the whereabouts of my child in this country,” Chun said.
Kimmins responded she didn’t know where his child was and suggested he ask officials at the facility where he will be detained.
Christopher Lewis, the federal prosecutor at the hearing, told Kimmins that children from countries that are not contiguous to the United States will be placed in foster care with the Office of Refugee Resettlement.
“When they will be reunited, I cannot say because that’s an immigration matter,” Lewis said.
A spokesman for CBP did not provide information about the process for parents and children apprehended by Border Patrol and those presenting themselves at ports of entry.
It is still unclear what happens to the children of parents who are prosecuted, said Laura St. John, legal director with the Florence Immigrant and Refugee Rights Project based in Arizona. Technically, once the child is separated from the parent they are deemed an unaccompanied minor and their cases should be processed separately.
If parents are deported, they can ask that their children go with them or ask that the child be reunited with another sponsor in the U.S., which gives the child a chance to fight an immigration case on his/her own as an unaccompanied child, consulate officials and attorneys said. If the parent decides to fight the case and is released from ICE custody, they can request to be reunited outside detention.