Margarita has 9 years and crosses only the front between United States y Mexico hace tres semanas, donde fue detenida por un agent de la Patrulla Fronteriza. Llegó sana y salva bajo la custodia de un coyote que la trajo des Guatemala. El viaje cost $ 10,000, and now look at madre, quien vive undocumented af Estados Unidos desde hace poco más de ocho años. Last week was released and will have to start a process of deportation donde pedirá asylum.
“Debe hopes that the llamen will go to court”, doubles Alex Gálvez, an immigration lawyer who owns in Los Angeles, California. “Can the notification be made in one or three weeks, debated at the Court of Immigration. We hope that the first hearing will address the principles of 2022 ”, agree.
The little one encounters good health after the long and arduous journey of one 1,600 miles (2,600 kilometers) that reaches Mexico, one of the most arduous routes of the controlled world, in many cases, through narcotics. Geen hubo demoras ni contratiempos, tampoco intention de sequuestro o violación. Pero no todos tienen la misma suerte.
Last week Brian, a Mexican immigrant who crossed the wall for an area of Texas cayo from an altar of 12 pieces and fracture the vertebral column and a towel. “No volverá a caminar”, double Gálvez. “Being interned in an El Paso hospital”.
Martes el Departamento de Seguridad Nacional (DHS) dijo que en la vispera la Oficina de Aduanas y Control Fronterizo (CBP) había detenido 429 Menores No Acompañados (UAC) en la frontera sur, otros 4 231 gevestigde bajo la custodia de la Patrulla Fronteriza y 15.193 gevestig en manos del Departamento de Salud y Recursos Humanos (HHS). But it does not have to know the dates of lost, inherited or bankruptcy cases in the front or the tray from its lands of origin.
In the case of tragedies or incidents, many are responsible for recourse to the fathers or guardians who send them to the asylum, if there are legal mechanisms for protectors and what are the governs involved in the case to avoid tragedies but, losing life in the intention to escape, in many cases, of death.
Who is the culprit
Can you ask a father to help a heifer abandon his country? “The question has to do with the law of aggravation, not with the law of state immigration,” said Stephen Yale-Loher, professor of immigration practice at the Cornell University School in New York. “The question is whether the fathers can be asked by negligence to allow them to travel solely from their country of origin to the United States.”
In practice, he added, “these juices are very rare, for various reasons. First, the child (or someone who asks for the number of children) tends to ask. And it is probable that the nines know the civil liability of the United States ”.
“It is probable that there are no demands on his parents,” he said. “In addition, including those who ask for it, they can ask a lawyer to represent them.”
Yale-Loher dobbeltsteen adds that “including if there is a demand for aggravation, many parents will not pay a dime to pay the debts”.
A second pregunta asoma entonces. Is it legal to allow a single passenger solo and cross the front solo? “Nothing in the immigration law of the United States is avoided,” said Yale-Loher. “The immigration law says that any person who has a foundation of enforcement can apply for asylum. There is no minimum requirement to apply for asylum in the front ”.
Lawyer Barbara Hines, a professor at the Faculty of Law at the Faculty of Law of the University of Texas at Austin, doubled that “miles of minorities are arriesgan demonstrating desperation, pain, violence and poverty in its lands of origin “. And there is a series of “failure of adequate mechanisms to reunite with its family in the United States”.
Dónde se comete la falta
To Lilia Velásquez, adjunct professor of the Faculty of Law at the University of California, San Diego, “the problem has come from jurisdiction. And also about who is the person or entity that is going to demand his parents ”.
“If there is Guatemala, for example, it is very difficult for the authorities in this country (either El Salvador or Honduras) to process the parcels for abandonment as long as they have the capacity to avoid the United States.” , explain.
And he hated the fact that he was not prosecuted in his country of origin by negligence, “he did not have a political will to ask for his parents. And in the United States you can do it because, in many cases, the parents are not here ”.
Velásquez says that he should also consider “the situation in which he is desperate to find his people in his country. It is not uncommon for fathers to suffer the consequences of being solitary in the asylum seekers when they come to save their lives. This criminal condition is not important for them. The fathers toman decidissings desperate because the lives of their little ones are in play. The priority is protegerlos. And it is useless to make anything against the pork because it will not change in any situation that generates the exodus ”.
Travel is not illegal
Antes de hallar skuldiges hooi que descubrir las verdaderas causas del exodo de migrantes hacia Estados Unidos. In 2013, an information about the University of California for High Commission of the United Nations for Refugees (ACNUR), for poverty reduction, lack of opportunities and corruption of the governors of the Northern Triangle, miles of people settled huyendo and a bus asilo from Estados Unidos.
Even later the situation got worse. But internally, “Republicans are blaming President Biden’s new administration for the rise in the front line, and Democrats are signaling that the move will increase during Trump’s presidency this year, based on a major blow in 2019. ”, Dice Rebeca Sánchez-Roig, an immigration and advocacy taxpayer who owns in Miami, Florida.
Aggregate that the factors that generate the exodus in 2013 are aggravated and that many parents have a great deal of risk in sending them to the homes of the victims that exist in the cross.
“What is the responsibility of having the fathers of these little ones in arriesgarlos in a difficult journey?” He asks. Ella misma responds. “We are legal and morally responsible fathers, in the last instance, of health, well-being and the security of our minor children. And the governor can present criminal charges against the fathers or legal tutors if a child is designated as a Unaccompanied Minor ”.
Pero warns that in more than 80% of the UAC cases registered by the governor, the nineteenth-century frontiers between Mexico and the United States travel with traffickers (persons or coyotes), as in the case of Margarita.
Regarding the legality of no travel, Sánchez-Roig says that “it is illegal to allow a minor travel only. Hecho, there are many reasons why a minor should be able to travel alone, including to comply with the judicial orders related to the custody of the parents or the visits. The Netherlands has legal fees and requirements for UAC routes. In general, the law requires that nannies and adolescents who are single or have sex with the authorization of their fathers or legal guardians. Although a 2014 article was adopted, the basic legal conditions for the UAC routes of the North and Mexico Triangles are established ”.
What does Casa Blanca say
Biden’s governor has no juices or responsibles, so we need to find solutions to fix a serious problem that has arisen some years ago.
“Our message is very clear and we hope that the people of Verdad tomen in it now that we are trying to explain, that now is the time to come, that there is a very dangerous truck”, says a Univision News a functionary of the House Blanca.
“We are dealing with aid to the countries of the Northern Triangle (El Salvador, Guatemala and Honduras) and Mexico, in order to apply for asylum applications and do not cross the border. Obviously, we are trying to help and at the same time we will recognize the needs that motivate the skin, between the pandemic and the serious grievances caused by the passing of the hurricane, ”he said.
The official added that “the commission chaired by Vice President Kamala Harris, appointed by Biden in March,” is in the process of finding concrete solutions and helping countries to work on the problems and problems of families and families. los menores arriesguen sus vidas ”.
Biden’s plan is to invest $ 4,000 million in four years to generate employment and increase infrastructure in exodus countries. Simultaneously, the White House said that “we are in the process of improving our asylum system”, a theme that the Congress has not yet announced.
Principles of March Elizabeth Kennedy, one of the principal investigators of the University of California warning from exodus to ACNUR, dijo que “si Estados Unidos o cququier otro pais quiere ayudar a cambiar la realidad de los centroamericanos, tienen que estar pensande en el largo plaza, tienen que est dedicando programs en proyectos para por lo minos 10 years, porque al menos eso lo va va tomar para hacer un cambio ”.
“While this time is advancing, it is necessary to have a plan to protect it, because it is important to know that reality does not change, these people need protection”, he concluded.
