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ICE Boss: “My officers don’t have the authority” to enter homes

ERO  boss,  Thomas Homan, testified to the following at a Senate Judiciary Committee on February 23, 2016 regarding unaccompanied minors. 

“The Spanish media, the Spanish Newspapers, a lot of NGOs are educating these folks on how not to comply with law enforcement, so there has been many situations where we have been at the residence and we know they are there,  but they won’t open the door, and my officers don’t have the authority of course to go into that house. So, it’s getting more difficult…

Democrats’* Deterrence Strategy Continues To Spectacularly Fail At Dissuading Children From Escaping Deadly Violence

Today, the Customs and Border Protection released the number of apprehensions of Unaccompanied Children and Family Units for the month of April, 2016.

In April of 2016, 5,219 unaccompanied children were apprehended at the Southwest U.S./Mexico border, almost 2000 more than the previous fiscal year.


For Family Unit subjects, 5,616 individuals were apprehended compared to 3,087 in the previous fiscal year. Importantly, the April numbers are remarkably close to the 6,511 individuals apprehended in FY 2014.


When will the Obama administration learn that detaining and deporting children will do nothing mothers from saving their children from a violent death?

That is almost beyond the point given that the Democratic party is more interested in the illusion of being tough on the border while failing catastrophically at its purported mission.

*22 Democratic Senators, including leaders Harry Reid and Chuck Schumer, declined to  oppose President Obama’s much-publicized 2016 deportation raids against families and unaccompanied children.

As such, Obama’s strategy of deterrence–which includes detaining and deporting children in the United States, Mexico, Guatemala, Honduras, and El Salvador as well as a strident media blitz in those same countries urging them to refrain from saving their own lives–must also be attributed to the entire Democratic party.*



From attorneys Peter Schey and Carlos Holguin of the Center For Human Rights And Constitutional Law.:

Claiming that the conditions of their detention are “deplorable” and “inhumane,” and that they are being illegally held in remote detention centers commingled with hundreds of unrelated adults, children seeking asylum in the United States today asked a federal court in Los Angeles to order their prompt release and the release of their detained mothers.

The request was presented to federal district court Judge Dolly Gee in Los Angeles. Judge Gee is presiding over a class action case dealing with the conditions of detention of immigrant children and the process for releasing them. In a nationwide settlement reached in 1997, the government agreed that children taken in to custody would immediately be held in humane conditions and “without unnecessary delay” would be released in order of first preference to a parent – even if the parent was apprehended with the child. The settlement also requires that if a parent or other relatives or suitable custodians are unavailable, children must be promptly placed in non-secure facilities licensed for the care of dependent children. Lawyers for the children claim that in response to a temporary surge in apprehensions of children along the US-Mexico border in the spring of 2014, the Obama administration stopped complying with the 1997 settlement and started holding children for weeks or months in sometimes dangerous and unhealthy secure detention facilities comingled with hundreds of unrelated adults.

In August 2015 Judge Gee decided that the Department of Homeland Security’s policy of detaining children and their mothers violated the 1997 Flores settlement and ordered the government to comply with the settlement within ninety days. Now the plaintiff children are asking Judge Gee to order the Department of Homeland Security to come into compliance with the settlement within thirty days. The children’s lawyers argue that because of the government’s failure to comply with the court’s prior rulings, Judge Gee should appoint an independent Special Monitor to oversee and report on the government’s family detention policy and compliance with the 1997 settlement.

Peter Schey, President of the Center for Human Rights and Constitutional Law and a court-appointed class counsel for the detained children, said upon the filing of the federal court request: “The evidence filed today shows that in violation of the court’s previous orders, conditions at border patrol detention facilities remain deplorable with children forced to sleep for one to several nights in over-crowded cells on concrete floors with no mattresses or blankets, no change of clothes, no soap, towels or washing facilities, and inadequate food and dirty drinking water. In disregard of the court’s prior orders, the Department of Homeland Security is not making efforts to promptly reunite children with family members and children are being illegally held for months in lock-down facilities commingle

Children Seeking Asylum Ask Federal Court To End Their Detention May 19, 2016 Page 2 with hundreds of unrelated adults. The treatment of these refugee children is appalling. It places children’s safety and well-being at risk in pursuit of an irrational, unworkable and indefensible deterrence policy.”

Another inhumane and ineffectual component of the administration’s campaign to “deter” Central Americans from seeking refuge in the U.S. is an increase in U.S. support for Mexico’s Plan Frontera Sur, an iron-fisted campaign under which the government of Mexico is now interdicting and summarily deporting thousands of Central American children asylum seekers yearly. Carlos Holguin, General Counsel of the Center for Human Rights and Constitutional Law, said today: “The Obama administration has repeatedly claimed—and statistics confirm—that unauthorized entries across the U.S.’s southern border are now at historically low levels not seen since the 1970s. The administration’s fixation with throwing back impoverished Central Americans is an unnecessary and perverse response to human wretchedness and suffering that is unworthy of a great and compassionate nation.”

Victor Nieblas, President of the American Immigration Lawyers Association (AILA) which has been working with CLINIC, the American Immigration Council, and RAICES as part of the CARA Family Detention Pro Bono Project to provide legal representation to detained children and their mothers, said today: “Detaining and re-traumatizing children and their mothers fleeing widespread violence in Central America is a shameful legacy for President Obama to leave behind. This detention and rapid deportation policy is fundamentally inhumane, undermines refugees’ access to legal counsel and fair process, and is in violation of federal Court Orders issued in the Flores class action case. It has already resulted in the wrongful deportation of children and families back into the very violence from which they fled and must end once and for all.”

The children’s lawyers have asked the White House to drop what they call a “failed policy to deter defenseless children from fleeing for their lives,” and to “temporarily suspend all deportations of Central American children and grant deserving Central Americans temporary protected status.”

The case is Flores v. Lynch, No. CV 85-4544 DMG (C.D. Cal.) Copies of the court motion, proposed court Orders and children’s and mother’s declarations (with family names redacted) may be viewed and downloaded on our website or directly through the links provided below.

Copies of a recent human rights petition filed by the Center for Human Rights and Constitutional Law and other groups with the Organization of American States against the U.S. and Mexico addressing the externalization of the deterrence policy may be viewed and downloaded here. * * * * * * To access the recently filed court documents in Flores v. Lynch please use the following links: Motion to Enforce Settlement and for Appointment of Special Master Proposed Order Appointing Special Master Proposed Order Enforcing Settlement Exhibits in Support of Motion to Enforce Part 1 Part 2 Part 3 Part 4 Part 5 Part 6

1000 reasons why Obama Belongs in Jail For Illegally Detaining and Deporting Children

Leon Fresco

Leon Fresco is Obama’s Chief Immigration Lawyer. He is the legal architect of family detention as well as the child rocket docket. Chuck Schumer contracted Fresco out to the Obama administration on behalf of the Democratic Party Leadership, who needed to look tough on the border, at the height of the border crisis (08/2014) to detain and deport as many children from Central America as possible.

Today,  attorneys representing immigrant children in the Flores case filed 1052 pages of evidence demonstrating that Obama administration officials–including but not limited to Barack Obama, Jeh Johnson, Sarah Saldana, and Chuck Schumer’s hired anti-immigrant gun, Leon Fresco–are willfully and openly defying U.S. District Court Judge’s August 21, 2015 order which commanded DHS to release children from secure, unlicensed detention facilities within 3-5 days of their initial apprehension.

Although the lawyers for the Children have not asked Judge Gee to hold the above-referenced officials in contempt of court, the evidence leaves little doubt that the Obama administration has and continues to illegally detain children in intentional defiance of the Court’s order.

On advice from their Chief Immigration Lawyer, Leon Fresco, Obama administration officials believe the law does not apply to them. Instead, the Obama administration officials believe they  can commit illegal acts solely because they are acting on behalf of the most powerful individuals in the world –the President of the Executive Branch of the United States Federal Government.

Below are links to all of the separate exhibits, with the last one the motion to enforce:

Mother, Daughter, & 4-month-old Granddaughter murdered in Ciudad Delgado


Valentina Rivas, 4 months and 21 days old, was shot by gunmen pretending to be Police Officers. She died in her father’s arms, after being rushed to the hospital. 

Armida Marisol Mendez, 42-years-old, her daughter Alexia Marisol Rivera, 22, and her grandchild, Valentina Rivas, 4 months and 21 days old, were murdered in their home in  the Santa Marta Neighborhood of Ciudad Delgado, San Salvador.

The triple crime was allegedly committed by two subjects who had knocked on the door pretending to pass as police officers in the middle of the night this past Monday.

According the the information, the murderers directly shot at the mother and daughter, while the baby was struck by the bullets that were fired at her mother Alexia Marisol. The baby, still alive, was transported to the hospital Benjamin Bloom, but died in the arms of her father, according to the information.

Another child was saved from death because fortunately she went to sleep at the home of close by relatives.

Armida Marisol Mendez was pregnant according to the report from the Attorney General of the Republic (FGR).

The public ministry does not have a hypothesis for the triple crime, although the police do not rule out that it is related to settling of scores (revenge: translator note). Nevertheless, close family members did not know that they were threatened. One version claims that both women  had links to gangs.

This will have been the 9th massacre of this month, according to police and prosecutor records. Furthermore, this will be the second triple femicide recorded in April, the first was of a mother and her two daughters this past 4th of April during a robbery of their home in the Quezaltepec de Santa Tecla neighborhood.

For his part, the Chief Attorney for the Defense of Human Rights, David Morales, lamented this act of violence, “which is evidence of the cruelty, hate, evil and senseless violence with which the criminal elements are attacking society and now are costing the life of three women of the same family,” he said in a statement.

The Attorney Morales expressed his concern for the triple crime in Ciudad Delgado, as well as the increase in the cases that have been recorded in the last months in which women and girls have been victims. The official demanded that the Attorney General of the Republic prioritize the investigation of this crime.

Two Massacres Against Women

The crime in Ciudad Delgado will be the second massacre of three women in a period of 10 days.

This past 4th of April, a woman of 40 years and her daughters, of 20 and eight years-old, were murdered in cold blood in their home in the  Quezaltepec de Santa Tecla neighborhood.

The murderers had killed their victims with a firearm after having them tied up for 3 hours, according the the National Civil Police.

The three femicides were committed by subjects that knew their victims and to ensure there were no witnesses  they killed all of them, after robbing them of $20 thousand.

The triple femicide against the mother, daughter, and granddaughter, committed this past Monday night in Ciudad Delgado, could be linked to gangs, according to the PNC. For the first crime, three suspects are being processed while for the second massacre there have still been no one apprehended as suspects.

9 Massacres

Between April 3 and April 12, there have been nine massacres recorded in the country.

6 Women

In the two massacres of women registered in April six women have died.


El Salvador: Where Children Are Being Murdered In Record Numbers

Below is a translation of an article from El Diario De Hoy in El Salvador, dated April 12, 2016. As a caveat, there is little evidence to suggest that many of the murders were linked to gang members given that there were no arrests or concrete leads on the investigations.

It is also possible, such as the murder of the 4-month-old, that could have also been committed by the police. 

One last note: Julia and her niece did not survive their wounds.

“There are babies among the victims

Murder of 33 minors under 14 years of age registered

Similarly, homicides of youth between 15 and 19 years old has duplicated in three months of 2016.

Triple homicide in Delgado City on April 12, one of the victims was a four-month old baby

By William A Hernandez

April 24, 2016

Zoe was just a four-month old baby. She was starting to know her surroundings and identify some things. She ate her first meals different from the milk her mother gave to her. She was barely able to hold her head up. None of that will continue to happen…On April 12, her life was taken away along with her mother’s and grandmother’s in Delgado City. There have been no arrests and the possible motive of the massacre, along with others, remains unknown.

Zoe is one of the younger victims of gang violence that makes Salvadorans anxious and that in the first trimester of this year has taken the lives of 33 children aged between 0-14 years old, according to statistics from the Institute of Legal Medicine.

By this time last year, authorities registered 25 children murdered. The statistics reflect very few advances in the investigation of these murders.

According to the Institute of Legal Medicine, in the first three months of 2016, in comparison to the same period last year, the number of murders has increased.

For that matter, January registered the death of 12 children between zero and 14 years old; in 2015 there were eight; February of 2016 there were 11, and last year, eight, meanwhile in march of this year 7 murders were registered and in 2015, there were nine. In April of this year, authorities also registered at least three cases similar to Zoe’s sad story.

Repeatedly, the United Nations International Children’s Emergency Fund (UNICEF) has insisted to the Salvadoran State to “double and intensify” the efforts to ensure the “physical and emotional integrity” of Salvadoran children “given the surge of violence” that inhabits the country; however, the numbers show the upward spiral that cannot be controlled by the current authorities.

“The violence directed at children and adolescents, as well as the presence of violent acts and abandonment in their native communities, can have negative effects on them, which many times are profound and enduring.” , said UNICEF of the many reports issued in the country regarding the spike in violence generated by the gangs.”

Child victims of gang attacks.

Like with Zoe, there are other stories of infants that have been killed by bullets fired by the gangs against their adversaries, whose motives remain defined by the rivalry of criminal groups.

Only in February there were 3 children murders registered and two more injured on being caught in the crossfire of the gangs.

One of those cases was a baby of 6 months who was injured  in one of his legs by a bullet. The violent act occurred in the neighborhood of Alta vista. (Translator’s Note: the 6 month old died shortly after being shot)

According to police forces, Julia Graciela Funes Cortez, of 23 years of age, was outside of her home with her niece of 6 months, when all of a sudden an alleged gang member approached her and began to shoot at her.

The young person, trying to protect the girl, turned her back on the attacker, who continued to shoot at her despite seeing that his victim had a baby in her arms.

The attack against Julia was executed, according to authorities by the Sureno faction of Barrio 18, who months earlier had murdered the young woman’s boyfriend.

Another very similar case was registered in the Delicias neighborhood, Municipality of Santa Cruz Michalpa, Department of Cuscatlan.

In that case, gang members attacked Hector Antonio Andrade Salguero, 41 years old, with gunfire, while he was covering his car at his home.

In the attack, a child of 6 years old was injured with a bullet to the head. He was Hector Antonio’s child.

The child was brought to the children’s hospital Benjamin Bloom in San Salvador, where he later died from his injuries.

The small child was in his second year of kinder in the school of Cojutepeque.

Subsequently, in the Italia Community, in San Bartolo, Municipality of Llopango, Jose Adonay was struck by a bullet in the head. He was barely 2 years old.

Next to the child was a presumed gang member, who was attacked with gunfire. He survived the attack, since his injuries were not serious. However, Josue Adonay died while receiving medical attention in a public hospital.

Elsewhere, another young child of 7 years old was struck by gang members’ bullets as well, in an attack directed at his father, Jose Isais Hernandez, of 31 years of age.

This act was committed in the El Angel neighborhood, Municipality of Teotepeque, Department of La Libertad. In this case, the child managed to survive.

Those attacks made the Attorney General, Douglas Menendez to go to the children’s hospital to promise to hold those responsible for the attacks and murders of children responsible, to double the efforts to stem the violence against infants. Nevertheless, the statistics have not decreased.

The homicides of children 15-19 years old doubled.

The statistics from the Institute of Legal Medicine also report an alarming increase in the murders of minors between 15 and 18 years old, for the first trimester of 2016.

The statistics report indicates that adolescent victims of attacks from the gang members have doubled compares to the same period last year.

The data registered is 409 murders of minors between 15 and 1, which in the same period of 2015 the authorities only verified 190 murder victims.

In January of 2016, the authorities extricated 128 cadavers, which represents a 17 percent increase in the number of homicides that the authorities have registered in that month: 736 violent deaths.

In adding the minors from 0 to 14 years we obtain 140 victims, which is the equivalent of 18 percent of the murders in all of the country.

In February of 20115, the number was 62 cases, in addition to the minors for the 70 violent acts against infants and adolescents.

In February of this year, the numbers have not changed the trend much, 139 violent deaths of those between 15 and 19 years old, which is the equivalent of 11 percent of all of the violent acts of the month, which was 656 deaths.

In the previous month of March, the authorities informed that 142 adolescents were murders, which represent 23 percent of the total violent deaths, the month ended with 626 victims of murder.

In The first trimester of 2015, without a doubt, registered numbers much lower than what the legal medical institute has reported for 2016.

Minors: Shields of the gangs.

The authorities frequently report or inform of violent acts where minors have been used as shield by the gangs to protect them from the attacks from their rival gangs.

Such is the case of Katherine Roxana, a child of 14 years old who died in an attack that targeted a known gang member in the area.

The case was reported by authorities in the Alta Vista neighborhood, by the Veracruz street.

Katherine Roxana was in a store buying groceries for her mother when a gang member was attacked with gunfire.

Katherine, had gone to buy, among other things, shampoo, some for the next day’s breakfast before she would leave to go to the school that she studied at.

Seconds after a gang member also arrived to buy something when he was his attackers and took Katherine by the neck with his arms, and tried to use the child as a shield, and unfortunately, was the person who was closest to him at the moment of the attack.

The gang member was wounded, but who suffered the brunt of the attack was Katherine.

The girl was struck by two bullets in the back, and although she was transported to the San Bartolo Hospital, she died while received medical attention.

Katherine Roxana studied in the 9th great in the Alta Vista school and would have turned 15 years the on April 20th.

The family of Katherine fled the Alta visa neighborhood, as well as the owner of the store where the attack had occurred.

Texas Admits Family Detention Licenses Are Unlawful


6) Comment Concerning DFPS’ Overall Authority to License the FRCs:

Comment: One commenter argued that DFPS’ regulation of FRCs was unlawful and without authority because the FRCs violate state laws regarding the detention of juveniles. The commenter argued that the Texas Family Code offers a “robust series of statutes that specifically prohibit, and even criminalize placement of certain children in secure detention facilities.” The commenter documented reasons why the FRCs should be considered secure detention facilities, including the use of techniques such as isolation as punishment, the existence of high walls, restrictions on movement, and so forth. The commenter then argued that because they are secure detention facilities where children are held, the FRCs, and any licensure of those FRCs, violates Texas laws regarding juvenile offenders. Specifically, the commenter asserts both that DFPS lacks statutory authority for and that DFPS is explicitly banned from licensure of the FRCs, though for the latter point no particular authority is cited. The rule, per the commenter, is without legal authority because children in the FRCs may be detained beyond statutory time frames and in contravention of other restrictions in Chapter 51 of the Texas Family Code (TFC), and because the children are never adjudicated in front of a Texas juvenile court but are being housed to enforce deportation laws, in contravention of TFC §54.011(f). Further, the commenter suggested that DFPS’ licensure effectively aids in the commission of a Class B misdemeanor under the same statutory provision of TFC §54.011. The commenter explained that Texas juvenile detention laws prohibit the secure detention of children under the age of ten. Finally, after arguing that DFPS has no authority to regulate the centers as child-care facilities, the commenter concluded that DFPS was obligated to immediately order the FRCs to cease operation because they have been operating without such a license for more than one year pursuant to CCL’s enabling chapter.

Response: The commenter’s arguments related to the TFC are misplaced. As noted in materials attached by the commenter, the chapters of the TFC in question relate to facilities operated by or on behalf of the Texas Juvenile Justice Department or on behalf of a juvenile board in the state of Texas. They do not govern federal facilities, including the FRCs under discussion in this rule promulgation. To the commenter’s point that DFPS should immediately order the FRCs to cease operation as unlicensed facilities, DFPS has not previously issued regulatory guidance regarding the FRCs’ status and to take enforcement action against the operators of the FRCs would in all likelihood violate the Administrative Procedure Act, Chapter 2001 of the Texas Government Code, in addition to being patently unjust. DFPS declines to take any such action on the basis of a previously nonexistent regulatory pronouncement.