Bill Text: CA SJR31 | 2013-2014 | Regular Session | Amended
Bill Title: Immigration: unaccompanied minors.
Spectrum: Strong Partisan Bill (Democrat 21-2)
Status: (Engrossed - Dead) 2014-08-20 - In Assembly. Held at Desk. [SJR31 Detail]
Download: California-2013-SJR31-Amended.html
BILL NUMBER: SJR 31 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 19, 2014
INTRODUCED BY Senators Torres, Corbett, De León, Hernandez, Hueso,
Jackson, Lara, and Steinberg
( Coauthors: Senators
Anderson, Leno, Monning, and Vidak
)
(Coauthors: Assembly Members Alejo, Bocanegra, Campos, Eggman,
Gonzalez, Roger Hernández, Holden, Medina, Perea, Rendon, and
Rodriguez)
AUGUST 6, 2014
Relative to immigration.
LEGISLATIVE COUNSEL'S DIGEST
SJR 31, as amended, Torres. Immigration: unaccompanied minors.
This measure would urge the President and Congress of the United
States to take specified action and adopt specified policies designed
to protect unaccompanied minors immigrating to the United States.
Fiscal committee: no.
WHEREAS, An unprecedented number of unaccompanied minors from
Central America have migrated into the United States at the Mexican
border, creating a humanitarian crisis and requiring immediate action
by the Administration and Congress of the United States; and
WHEREAS, According to United States Customs and Border Protection,
the United States government has apprehended approximately 52,000
unaccompanied minors so far this fiscal year and expects to apprehend
at least 90,000 by the end of September; and
WHEREAS, As of the end of May, 2014, the United States Border
Patrol had apprehended more unaccompanied minors than in any of the
previous five years, and almost twice as many unaccompanied minors as
in the 2011-12 fiscal year; and
WHEREAS, Although unaccompanied minors have been entering the
United States through the southwest border for years, the surge in
the last several months has overloaded border patrol stations and
detention facilities; and
WHEREAS, This upsurge in unaccompanied minors has created the need
for more housing and legal services; and
WHEREAS, Currently, about 76 percent of unaccompanied minors
apprehended are from Honduras, El Salvador, and Guatemala, and the
remaining 24 percent are from Mexico; and
WHEREAS, In the 2012-13 fiscal year, 73 percent of the
unaccompanied minors were male and 27 percent were female, and 76
percent were over 14 years of age; and
WHEREAS, The average length of stay in immigration detention
facilities was 61 days between the 2007-08 and 2009-10 fiscal years,
while the current reported average stay is 35 days; and
WHEREAS, Many of the laws and procedures regarding unaccompanied
minors were developed to protect children from human trafficking and
other threats of violence; and
WHEREAS, By law, immigration cases involving unaccompanied minors
are focused on the welfare of the child, rather than detention, and
the United States Department of Health and Human Services (HHS) must
place the children in the "least restrictive setting" possible; and
WHEREAS, Unaccompanied minors from contiguous countries, such as
Mexico and Canada, may elect to return to their county
country of origin when apprehended at the border
or enter the immigration system, but they are not automatically
taken into custody; and
WHEREAS, Unaccompanied minors from noncontiguous countries are
automatically taken into custody, but are still subject to
immigration proceedings and potential deportation; and
WHEREAS, A recent report from the United Nations High Commissioner
for Refugees found that a majority of unaccompanied minors whom they
interviewed that have been apprehended at the southwest border, many
from Honduras, El Salvador, and Guatemala, were fleeing instances of
extreme violence such as drug cartels and gang activity. Others are
victims of human trafficking or were living in poverty and are
attempting to reunite with family members already in the United
States, traveling alone, crossing mountains and deserts, and facing
unknown dangers and harm along their journey; and
WHEREAS, The United States has always been a leader in providing
care and assistance to those in danger and in need; and
WHEREAS, Congress unanimously passed the Trafficking Victims
Protection Reauthorization Act of 2008, which continued a long
history of establishing procedures that fairly and safely repatriate
unaccompanied minors to their home countries; and
WHEREAS, The United States must recognize this is a humanitarian
crisis impacting young and innocent children. These children have
lost their childhood and everything they know, including their
parents; and
WHEREAS, As an international leader in the humane treatment of
individuals, the United States has a responsibility to treat these
children humanely and ensure that those who have arrived alone have a
safe place to stay; and
WHEREAS, Addressing the issue of unaccompanied children will
require cooperation from all branches of the United States government
and appropriate funding to respond to the crisis in a humanitarian
and child protection-focused manner; now, therefore, be it
Resolved by the Senate and the Assembly of the State of
California, jointly, That the Legislature urges the President and
Congress of the United States to focus resources on protecting
unaccompanied children immigrating into the United States from harm,
uphold their right to due process, and work with our international
partners to address the root problems that put these children in
danger in their home countries; and be it further
Resolved, That the Legislature urges the President and Congress of
the United States to adopt immigration policies that ensure that
unaccompanied minors receive appropriate child welfare services,
legal assistance, and access to immigration protection; and be it
further
Resolved, That the Legislature urges the President and Congress of
the United States to require that a best interest of the child
standard be applied in immigration proceedings involving
unaccompanied minors; and be it further
Resolved, That the Legislature urges the President and Congress of
the United States to place all unaccompanied minors in the custody
of HHS to ensure they receive careful and robust screening and
protection to ensure their safety and well-being; and be it further
Resolved, That the Secretary of the Senate transmit copies of this
resolution to the President and Vice President of the United States,
to the Speaker of the House of Representatives, to the Majority
Leader of the Senate, to each Senator and Representative from
California in the Congress of the United States, and to the author
for appropriate distribution.
