CHC Statement on US Commission on Civil Rights Report Finding the Trump Administration is Violating Due Process and Civil Rights of Migrants

WASHINGTON — This morning, the US Commission on Civil Rights (USCCR) released a report on the treatment of immigrant families in US custody entitled "Trauma at the Border: The Human Cost of Inhumane Immigration Policies." This 200-page report reveals the depths of atrocities committed against vulnerable immigrants by the Trump Administration and includes personal testimonies from asylum seekers, legal experts, and witnesses of the impacts of changing immigration policy at the US-Mexico border. This recent report has similar findings to previous government and watchdog reports, such as the September report by the Department of Health and Human Services (HHS) Office of the Inspector General on the mental health impacts of family separation and the Department of Homeland Security (DHS) Office of Inspector General July report on the overcrowding and substandard immigration detention conditions.

The report found that the Trump Administration's changes to immigration policies have unequivocally created an "unnecessary human and civil rights crisis at the southern border," and specifically cites the Zero Tolerance policy and detention of children as contributors to the Trump-caused crisis. The decisions of the Administration are culpable for "confusion and chaos" and a "mass scale…gross human and civil rights violation" that inflicted physical, mental, and emotional trauma on thousands of men, women and children separated from their loved ones. Furthermore, Administration policies and actions intentionally neglected the "serious humanitarian needs of arriving families" in US custody because detention facilities lacked basic hygiene, housing arrangements, medical and mental health care, translation services, and access to legal representation. Migrants were also adversely impacted prior to their arrival in the US due to the metering and Remain in Mexico policies, which blocked families from entering the US for weeks or months. These policies, according to the Commission's report, disproportionately impacted Latinos and enforced "inequitable treatment" upon LGBTQ+ individuals, individuals with disabilities, and individuals who do not speak English.

Congressional Hispanic Caucus Chairman Joaquin Castro (TX-20)issued the following response to the report:

"This report shines a bright spotlight on the full scope of atrocities committed by the Trump Administration against migrant families. It furthermore contradicts the repeated lies by the President, Administration officials, and multiple Republicans who have tried to hide the truths from the American people. The Commission's conclusions are clear: President Trump and his Administration created a crisis at our border that inflicted human suffering and trauma against vulnerable children and families. Trump's anti-immigrant agenda denied basics like food, sanitation, and medical care, inflicted overcrowding, and imposed barriers to justice and legal representation.

"The Commission's findings are a clear vindication of concerns voiced by our Congressional Hispanic Caucus and the American people. For nearly three years, the Hispanic Caucus and House Democrats have fought these policies and shed light on the atrocities committed by the Trump Administration. This is not simply an issue of funding; the Trump Administration has intentionally built a broken system and we must hold the Administration accountable. Now, Congress - Democrats and Republicans in the House and Senate alike - must stand by our American values. I call on all members to work together to reverse these practices and work to create a system that treats families with dignity, respect, and as equals."

Following the report and findings, the Commission outlined key recommendations for the Trump Administration, federal departments of jurisdiction, and Congress:

• The Commission calls on the Trump Administration to immediately reunify separated children with their families or caregivers, including those who were deported, regardless of if the separation occurred before, during or after the duration of the Zero Tolerance policy.
• With regard to detention facilities, the Commission recommends the Administration immediately remedy conditions, including addressing overcrowding, food and nutrition quality, and sanitation.
• The Commission also recommended comprehensively addressing the physical and mental health needs of immigrants by providing access to medical professionals, translation services, and sanitary detention facilities.
• The recommendations reiterate that the purpose of detention is not to be punitive and should therefore not be on par with incarceration. Overall, facility conditions, including medical care and housing, should provide for the care and safety of immigrants.
• In order to ensure that detention facilities do not violate standards and US law, the Commission recommends that DHS and HHS should closely oversee and inspect facilities. The Commission specifically recommends that the DHS Office for Civil Rights and Civil Liberties or another independent body be responsible for pre-clearing new immigration policies to ensure that they do not violate the right of immigrants prior to causing harm.
• The Commission recommends that the due process and legal rights for all immigrants and asylum seekers be upheld by ensuring that the immigration system is fully staffed with qualified judges and interpreters. If further recommends that migrants and asylum seekers have comprehensive access to legal information, representation, and immigration lawyers.
• The Commission urges the Department of Homeland Security to conduct greater oversight and inspection of detention centers, and enforce detention center standards up to and including the closure of a detention facility for violating detention center standards.
• The Commission advises the Office of Inspector General for Department of Homeland Security to conduct full investigations into deaths of detainees.

Background:

In the 116^th Congress, the Congressional Hispanic Caucus (CHC) has worked tirelessly to ensure migrants are treated with dignity and respect, fight against the Trump Administration's cruel anti-immigrant agenda, and shed light on the human rights atrocities being committed against migrants at the border and in US custody. Already, the US House of Representatives has passed HR 3239, the Humanitarian Standards for Individuals in Customs and Border Protection Custody Act, authored by Congressman Raul Ruiz (CA-36), as well as HR 2203, the Homeland Security Improvement Act, authored by Congresswoman Veronica Escobar (TX-16).

The CHC has hosted three Congressional Delegations to the border to shed light on the tragic deaths of immigrants and systemic abuse of children and families in US custody. In December 2018, the CHC travelled to Lordsburg, New Mexico to investigate the death of Jakelin Caal Maquin and CBP's readiness to protect the health and safety of immigrants. In January 2019, the CHC travelled to Alamogordo, New Mexico to investigate the circumstances surrounding the death of Felipe Gomez Alonzo and the actions of CBP that contributed to his death. In July 2019, the CHC, along with members of the House Committee on Oversight and Government Reform, travelled to El Paso, Texas to investigate the dangerous detention conditions inflicted on women and children.

The CHC, with the resounding support of House Democrats, have fought the Trump Administration's egregious policies since the onset of the 115^th Congress. CHC was among the first to call attention to family separation and the Zero Tolerance policy, leading the public outcry that successfully pressured the Trump Administration to end the policy. In the 116^th Congress, the CHC continues to focus on ending policies that harm immigrants, including the "Migrant Protection Protocols," commonly known as the Remain in Mexico policy, as well as the metering and blocking of asylum seekers and immigrants from crossing the border, while pressing for transparency and effecting accountability.

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The Congressional Hispanic Caucus (CHC), founded in December 1976, is organized as a Congressional Member organization, governed under the Rules of the U.S. House of Representatives. The CHC is dedicated to voicing and advancing, through the legislative process, issues affecting Hispanics in the United States, Puerto Rico and U.S. Territories.