DESPITE COURTS DROPPING MIGRANT CHARGES, GUV PERSISTS

Special to El Rrun-Rrun

Even though trespassing charges filed against dozens of migrants arrested under Gov. Greg Abbott's "catch and jail" border security initiative, were dropped last week because court documents filed by the local county attorney failed to point out on what property the men were allegedly trespassing.

The Texas Tribune reported that "the fumble," which ultimately led another prosecutor to sheepishly admit defeat and agree to toss out about 30 cases, is the latest in a string of missteps since Abbott deployed Texas state troopers and National Guardsmen to arrest migrant men suspected of crossing the border illegally on state criminal charges.

Texas already has some reported 7,000 DPS troopers and Texas National Guard troops deployed on the border and now Abbott says he will lay down "miles of razor wire" to deter the men, women and children who attempt to migrate to the United States across its border.

The governor said he has reappropriated $3 billion of states taxes to secure its borders.

There are, however, protocols and laws that guide the treatment of these migrants and asylum seekers, most often identified as unaccompanied minors.

Most unaccompanied children are detained at or near the U.S. southern border, often turning themselves in to authorities. Their entry into the immigration system triggers a multiagency response guided by several laws and a court settlement.

Under the Homeland Security Act of 2002, the Departments of Homeland Security (DHS) and Health and Human Services (HHS) share responsibility for unaccompanied children. 

These agencies must uphold the 1997 Flores Settlement, which was the result of a lawsuit against federal immigration authorities. Flores outlines standards for the care of both accompanied and unaccompanied minors, including access to food and water, emergency medical services, bathroom facilities, and ventilated, temperature-controlled surroundings. 

Under a 2015 court decision related to Flores and the 2008 William Wilberforce Trafficking Victims Protection Reauthorization Act (TVPRA), which codified certain  Flores protections, officials must aim to keep minors less than one month. Nonetheless, they can hold children longer than this during emergencies, including spikes in migrant arrivals.

The number of failed sates in the Western Hemisphere – including the latest, Haiti – will mean that refugees from those nations, just like refugees came here doing the world wars and famines, will continue to seek safety and opportunity at our door. Will they be met with razor wire, too?