A federal judge in Texas is accusing the Department of Homeland Security of
hand-delivering children smuggled into the United States to their illegal immigrant parents.
U.S. District Judge Andrew
S. Hanen revealed the practice in a blistering court order filed late last
week. He said the "dangerous" practice is effectively aiding human
traffickers and particularly the drug cartels, which run many of these
operations.
"These actions are
both dangerous and unconscionable," he wrote.
The judge attempted to lift
the curtain on what is happening behind the scenes of the Obama
administration's changing approach to immigration enforcement. It has been
well-documented that DHS is allowing some illegal immigrants already inside the
country to skirt deportation, and particularly those who came to the U.S. as children.
But the
"conspiracy" outlined by Hanen would take that controversial policy a
big step further. He detailed the case of an illegal immigrant parent in Virginia , but used that as an entry point to describe what
he suggested was a broader program.
Hanen claimed that, in more
than one case before his court, immigration officials are arresting human
traffickers smuggling children into the U.S. -- and then "delivering the minors to the
custody of the parent illegally living in the United States ."
"The DHS has simply
chosen not to enforce the United States ' border security laws," he wrote.
Further, he said this is
simply encouraging risky smuggling operations. "Time and again this court
has been told by representatives of the government and the defense that cartels
control the entire smuggling process," Hanen wrote. "... the
government is not only allowing [illegal immigrants in the U.S. ] to fund the illegal and evil activities of these
cartels, but is also inspiring them to do so."
He added: "To put this
in another context, the DHS policy is as logical as taking illegal drugs or
weapons that it has seized from smugglers and delivering them to the criminals
who initially solicited their illegal importation/exportation. Legally, this
situation is no different."
Representatives with the
Department of Homeland Security and other immigration agencies have not yet
returned a request for comment on the judge's statement.
Chris Crane, president of
the National ICE Council union, told FoxNews.com the judge's claims are
"absolutely correct."
"This is exactly
what's happening," he said, describing how agents "can't keep
up" with the number of minors crossing the border, either by themselves or
in the custody of smugglers. Crane said immigration officials, then, are tasked
with finding a place for the children to go.
"That's what we do
now. We babysit kids and change diapers," he said. "It's out of
control."
Crane said the best
short-term solution would be to return the children to the family members they
were staying with in their home country.
The judge's statement was
prompted by the case of Mirtha Veronica Nava-Martinez. She was arrested at the
Texas-Mexico border in May and pleaded guilty to trying to smuggle a
10-year-old child originally from El Salvador . After the sentencing, the judge wrote, he decided
to go public with additional details from the case.
He wrote that the
"conspiracy" started when an illegal immigrant in Virginia hired smugglers to get her daughter from El Salvador to Virginia . She paid $6,000 in advance. But after the
smuggling operation was interrupted by federal agents, he wrote, "the DHS
delivered the child to her."
Further, he wrote, this was
the fourth case he'd seen in as many weeks along these lines. In one case, he
claimed, the U.S. government "flew a child to multiple locations" in the U.S. at the expense of U.S. taxpayers. "This is an absurd and illogical
result," he wrote.
The judge noted that after
the court inquired about the incidents, a federal prosecutor apparently
"requested" that the mother in Virginia be placed in immigration proceedings. He said it's
unclear whether that has happened, and he's been told the government will not
pursue prosecution.
Hanen wrote that he is
"not unsympathetic" to the parents in these cases, but noted the
danger these children are put in.
"If [DHS officials]
persist in this policy, more children are going to be harmed, and the DHS will
be partly responsible because it encourages this kind of Russian
roulette," he wrote.
Story by Judson Berger (FoxNews.com)
Ben Ferro
benferro@InsideINS.com
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