Rep. Calvert Introduces Bill to Close Unaccompanied Children Immigration Loophole

July 11, 2014

Today, Congressman Ken Calvert (CA-42), along with 18 cosponsors, introduced legislation, H.R. 5079, that would close an immigration loophole that is contributing to the crisis along the border in the Rio Grande Valley in Texas. The legislation would amend a 2008 law that unintentionally created a loophole for unaccompanied children from Central America that are detained illegally crossing the border.

"It has become increasingly clear that Congress must take action and close an unintended loophole that is a significant cause of the crisis at our border in Texas," said Rep. Calvert. "Solving our immigration crisis requires getting at the root of the problem, and if we fail to take steps like closing this loophole the significant challenges we are experiencing now will only continue and grow. The long and dangerous journey from Central America to the Texas border, especially one aided by a smuggler, is something that no one, especially an unaccompanied child, should endure. The humane and responsible step for these children and for our immigration policy is to close this loophole and the incentive it provides. Americans expect the federal government to respond and quickly address the crisis at the border, which is why both Republicans and Democrats have voiced support for taking this step."

"The President's unilateral actions have sent a misleading message that resulted in tens of thousands of children making a perilous journey to our country with the belief they would be allowed to stay," said Congressman Darrell Issa (CA-49). "The best resolution to this humanitarian crisis is the safe return of these children to their families and country of origin. By promptly returning them home to their loved ones it sends a clear message that will discourage other children from making this dangerous trip."

"This bill is one step of many to rectify the situation," said Rep. Calvert. "I was also pleased by the recent announcement by Customs and Border Protection that they will not be transferring any more illegal immigrant families or children to the San Diego sector, which includes the Murrieta facility in my congressional district. CBP will process them in Texas, which is exactly what should happen. This bill would then enable CBP to process unaccompanied children at the point of entry and immediately repatriate them."

Under current law, unaccompanied children from Mexico or Canada can be screened within 48 hours and quickly repatriated back across the border if they are not a trafficking victim or have aclaim for asylum. However, children from other countries that are not contiguous with the U.S. must go through a more formal and time consuming legal proceeding. In fact, unaccompanied children from countries other than Mexico (so-called OTM policy) are currently waiting 578 days on average for a hearing. Rep. Calvert's bill would close the loophole by screening and repatriating all unaccompanied children, regardless of their country-of-origin, in the same process that has worked for unaccompanied children from Mexico and Canada.

Click HERE to read the legislative text of H.R. 5079.

The following members cosponsored H.R. 5079:

1. Duncan Hunter (CA-50)

2. Paul Cook (CA-8)

3. Dana Rohrabacher (CA-48)

4. Ed Royce (CA-39)

5. Tom McClintock (CA-4)

6. Gary Miller (CA-31)

7. Darrell Issa (CA-49)

8. Devin Nunes (CA-22)

9. John Campbell (CA-45)

10. Doug LaMalfa (CA-1)

11. Buck McKeon (CA-25)

12. Don Young (AK)

13. Steve Stivers (OH-15)

14. Joe Heck (NV-3)

15. Scott Rigell (VA-2)

16. David Joyce (OH-14)

17. Blake Farenthold (TX-27)

18. Tom Cole (OK-4)

According to a recent report:

The number of unaccompanied alien children (UAC) apprehended doubled between FY 2009 and FY 2013 and is on pace to nearly double again by the end of FY 2014.

An unprecedented number of apprehended children are from Central America. In the past, most were Mexican. In FY 2004, about 83 percent of apprehended children were Mexican, but so far in FY 2014, just 24 percent of UAC were from Mexico.

The number of migrant children in government custody more than tripled between FY 2011 and FY 2013 and is expected to double again in FY 2014.

Source: Bipartisan Policy Center: Child Migration by the Numbers (http://bit.ly/1oorw38)

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