1 Memo To - Latin America Working Group

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Mar 9, 2017 - The situation in the three Northern Triangle countries of Central America Guatemala, Honduras and El. Salv
Memo To: Members of Organizations, Foundations, Press From: Daniella Burgi-Palomino, Latin America Working Group Education Fund (LAWGEF) Re: Impact of March 6th “Executive Order Protecting the Nation From Foreign Terrorist Entry Into The United States” on Central American Families & Children March 9, 2017

Background The “Executive Order Protecting the Nation From Foreign Terrorist Entry Into The United States,” signed on March 6, 2017, revokes the previous executive order with the same name signed on January 27, 2017. The purpose of this memo is to provide preliminary observations on the impacts of this new executive order on Central American families and children. Much of the attention on the refugee and travel ban executive order has justly focused on its impacts on individuals from the named Muslim-majority countries. However, this order will also have an impact on Latin America. In particular, it will mean that unaccompanied children and families seeking refuge from violence in El Salvador, Guatemala, and Honduras will face greater obstacles to their already limited chances for receiving protection in country, in addition to detrimental impacts from the other two previously signed executive orders. The situation in the three Northern Triangle countries of Central America Guatemala, Honduras and El Salvador remains dire. Families and children continue to be forcibly displaced internally or to migrate internationally to seek protection. The three countries had a combined total of 14,870 homicides in 2016, and individually were still well above the minimum of 10 homicides per 100,000 inhabitants identified by the United Nations to constitute an epidemic of violence, with El Salvador at 81 murders, Honduras at 58 and Guatemala at 27 per every 100,000 inhabitants.i According to a report from the Civil Society Working Group on Internal Displacement based out of El Salvador, the reasons behind a family’s decision to leave their home tend to be interrelated and not limited to one singular cause. In 2016, the main causes were threats and extortion from gangs, and the homicide or attempted murder of family member.ii Women and girls in particular endure high rates of domestic and sexual violence in Guatemala, El Salvador, and Honduras.iii Individuals do not have access to justice for the threats against their lives and crimes they suffer; all three countries have impunity rates for human rights violations near 90%. Families and children from the Northern Triangle of Central America are seeking protection not just in the United States but also in other countries across the region, including in Mexico. Overarching Impacts of “Protecting the Nation from Foreign Terrorist Entry into the United States” on Central American Families & Children Beginning March 16, 2017, this new executive order mandates the suspension of the U.S. Refugee Admissions Program (USRAP) in the United States for 120 days and restricts the overall ceiling of refugee admissions to 50,000 individuals. Any refugee applicant who has their travel to the United States confirmed by the Department of State before March 16, 2017 will be allowed entry into the United States. However, any applicant undergoing processing but unable to confirm their travel prior to the aforementioned date will no longer be allowed entry and have their application suspended for the 120 day period. Given that the expiration dates on the different clearances (security, biometrics, sponsor assurance and medical checks) required as a part of the refugee vetting process leave only a sixty-day travel window where all clearances align, this would mean that thousands may have to wait extended periods of time to repeat their expired checks.iv

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As the Central America Minors (CAM) program and the Costa Rica Protection Transfer Agreement (PTA) (see full descriptions below) fall under US RAP and count towards the global refugee admissions ceiling, the acceptance of Central American families and children through either of these programs would also be suspended. This eliminates the only existing chance families and children had to apply for protection in the United States without having to leave their home countries and make the journey to the U.S.-Mexico border. The delays could place families and children in danger in their home countries and be detrimental to their emotional, social, and economic well-being. Without the ability to access either of these programs, families and children facing danger in Central America and with immediate needs for protection have only the following two options: stay in country and continue to be threatened or harmed, or make the risky journey on their own to seek protection in the United States, Mexico, or another country in Central America. Additional impacts from Border & Interior Enforcement Executive Orders Compounding the problem, the executive order “Border Security and Immigration Enforcement Improvements” signed on January 25, 2017 and its subsequent implementation memo from February 20, 2017 order the implementation of additional, detrimental policies for Central American asylum seekers claiming fear at the U.S.-Mexico border. These include increasing detention facilities, using local law enforcement to act as immigration agents in the enforcement of immigration law, expanding expedited removal processing and ordering a review of credible fear procedures and standards with the intent of making them more restrictive.v Recently, DHS Secretary Kelly’s statements confirmed his intentions to separate families and children at the U.S.-Mexico border as a deterrence mechanism.vi Such practices would violate the human rights principles of the best interest of the child and family unity at the U.S.Mexico border with complete disregard for the devastating impacts on families and the situations from which they are fleeing. The “Enhancing Public Safety in the Interior of the United States” executive order signed on January 25, 2017 and its accompanying implementation memo from February 20, 2017 prioritize all undocumented immigrants residing in the United States for removal. Furthermore, it directs U.S. diplomacy and negotiations to include as a condition the acceptance by countries of their citizens who are deported from the United States. Given that undocumented immigrants from Central America are among the top growing groups of non-Mexican undocumented immigrants in the United States, the potential for undocumented Central Americans, even those who have lived the majority of their lives here, to be deported is high, with several examples being documented since the implementation of this executive order.vii These deported individuals will add to an already high number of people returning to countries that do not have the capacity to support or protect them from ongoing violence awaiting them in country. According to one recent report, between 2008-November 2016, there was a combined total of 1.3 million individuals deported from the United States and Mexico to the countries of the Northern Triangle of Central America. Despite some incipient legislative initiatives in the countries of El Salvador, Guatemala and Honduras meant to provide support to returned individuals, the same report concludes that none of these three countries have the legal and institutional capacity to support the reintegration of deported individuals from the United States or Mexico.viii A 2016 report from Amnesty International points to the lack of a national comprehensive protection plan for returned migrants in all three countries.ix In recent years, the UN Refugee Agency, Amnesty International, and media outlets have documented that several individuals deported back to the Northern Triangle countries were killed upon their arrival.x

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Specific Implications & Impacts on Central American Families & Children 

Reduction of overall global refugee admissions to 50,000 for fiscal year 2017 reduces slots for refugees from Central America. This proposal is the lowest cap for U.S. refugee admissions in a decade. It sharply reduces possibilities for those seeking safety from Latin America and further limits numbers to be accepted through the Central America Minors (CAM) program and the Costa Rica Protection Transfer Agreement (PTA) as the acceptance of refugees through these programs count towards the global refugee admissions ceiling. Given that more than 37,328 refugees have been admitted to the United States since the fiscal year began in October through March 6, 2017, the United States would only admit 12,000 refugees from around the world for the remainder of the fiscal year under the planned executive order.xi

Suspension of U.S. Refugee Admissions Program for 120 days includes Central America Minors (CAM) Program and Costa Rica Protection Transfer Agreement (PTA). 

Suspension of Central America Minors (CAM) Program for 120 days Under the CAM Program, originally announced in December 2014, Central American minors with parents of legal status in the United States are eligible to apply for refugee or parole status via the U.S. Embassy in Guatemala, El Salvador, or Honduras. On July 26, 2016, the CAM Program was expanded to include applications from related, eligible family members. The average time for a minor to undergo all the necessary clearance checks in country ranges between 10-12 months, during which time they often have to go into hiding. Since the beginning of the program, more than 11,000 people have applied (the majority from El Salvador), a clear recognition of the protection needs in country.xii Just over 2,400 had been admitted to the United States by February 22, 2017.xiii In President Trump’s first month in office, 316 people were admitted through the program. Cases of CAM children being stopped in airports as they traveled to the United States during the implementation of the first executive order the weekend of January 25, 2017 were documented by NGOs.xiv The planned suspension of the CAM Program under the new order would mean that over 8,000 children in the pipeline whose travel to the United States is not approved by March 16th, would have their applications stalled, remain hiding in country and face continuous threats to their lives with the possibility of their clearance checks expiring during the 120 days. Though the text of the order allows the possibility of waivers for individuals such as CAM children on a case-by-case basis as long as they do not pose a threat to national security, this decision is still up to the discretion of DOS and DHS and would still have to fall under the overall limitations in refugee admissions, making the likelihood of this possibility quite low.



Suspension of Costa Rica Protection Transfer Agreement for 120 days The Costa Rica PTA was announced in July 2016 as an agreement between the government of Costa Rica, the UN Refugee Agency (UNHCR), and the International Organization for Migration (IOM).xv Since then, it has been piloted only in El Salvador. This program is different from the CAM Program as it allows entire family units to apply for protection in the United States. NGOs that have been accompanying cases for consideration under this program have reported families with up to ten members jointly applying.xvi Through coordination with UNHCR and IOM, the U.S. government has been pre-screening vulnerable applicants from the region seeking protection. After pre-screening, this arrangement allows UNHCR and IOM to transfer applicants most in need of immediate protection to Costa Rica, where they undergo refugee processing before being resettled to the United States. Costa Rica has been serving as a temporary site to host individuals and families from El Salvador (up to 200 individuals for 6 months at a time) throughout the completion of their refugee application process and before resettlement to the 3

United States. For cases not requiring immediate transfer to Costa Rica, the United States also established an in-country referral program to enable vulnerable residents in this region to be considered for refugee protection in the United States after being screened and interviewed by DHS officers in their countries of origin. Since the date of its implementation, about 10-15 families have been resettled to the United States under the PTA program. At the end of last year, NGOs had presented at least twenty cases for consideration though a much smaller number was moving along the pipeline given that only cases with conditions of “imminent danger” are accepted into the program. The minimum wait time for families to complete all of the required interviews with UNHCR and IOM in El Salvador has been 5-6 months. During this time, local NGOs accompanying the cases have to find safe housing for the families throughout the duration of their interview process. The planned suspension of the PTA program would mean that families who have passed all of the interviews and clearances may be able to travel out of the country only to Costa Rica throughout the 120 suspension period, where the agreement maintains they could stay for up to six months. However, even if removed from imminent danger in El Salvador, a prolonged wait time in Costa Rica without the opportunity to carry out a normal life after five to six months of waiting in hiding in El Salvador is not a beneficial solution to families. Further, the planned suspension means that those families who are in the pipeline but have not completed their interviews and clearances for travel to Costa Rica or the United States before March 16 th under the PTA or in country referral program, and have already waited up to five months hiding in safe houses, suffered trauma due to the threats against their life, and have had to give up their social and economic activities during this time, would have to remain in hiding for at least four more months or may be forced to seek alternative options in other countries. They also face the risk of their clearances expiring during this time. The suspension would also place a burden on the NGOs to continue ensuring the well-being of the families throughout the delay. 

Possibility of adding more countries to those banned for entry. The executive order directs DHS, DOS, and the Director of National Intelligence to conduct a review to assess whether additional information should be requested from foreign countries to consider an application by a national of that country for a visa, admission, or other immigration status “in order to determine that the individual is not a security or public safety threat.” Within 20 days of the implementation of the order, the Secretary of Homeland Security should determine whether countries have provided sufficient information or identify those countries that have not done so and provide a report on such findings to the Secretary of State, the Attorney General, and Director of National Intelligence. These provisions leave open the possibility of other countries being further scrutinized and the entry of their nationals restricted at a future date pending the assessment or completion of requests for information by DHS.

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Departamento 19, “Violencia siguió desatada en el Triángulo Norte: 14 mil 870 homicidios en 2016”, January 7, 2017, http://www.departamento19.hn/index.php/elcamino/ddhh/42993-violencia-siguio-desatada-en-el-triangulonorte-14-mil-870-homicidios-en-2016-.html. ii Mesa de Sociedad Civil contra el Desplazamiento Forzado por Violencia y Crimen Organizado en El Salvador, “Desplazamiento Interno por Violencia y Crimen Organizado en El Salvador”, Informe 2016, https://static1.squarespace.com/static/5784803ebe6594ad5e34ea63/t/5880c66b2994ca6b1b94bb77/1484834488111/ Desplazamiento+interno+por+violencia+-+Informe+2016.pdf.

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KIND, LAWG, WRC, “Sexual and Gender Based Violence (SGBV) & Migration Fact Sheet,” January 2017, http://lawg.org/storage/documents/SGBV_and_Migration_Fact_Sheet.pdf. iv Center for American Progress, “Trump's 120 day pause will hurt vulnerable refugees,” Infographic, March 2017, https://twitter.com/amprog/status/838791882448711681. v White House, Office of the Press Secretaries, “Executive Order Protecting The Nation From Foreign Terrorist Entry Into The United States,” March 6, 2017, https://www.whitehouse.gov/the-press-office/2017/03/06/executiveorder-protecting-nation-foreign-terrorist-entry-united-states. vi Diaz, Daniella, CNN, “Kelly: DHS is considering separating undocumented children from their parents at the border,” March 7, 2017, http://www.cnn.com/2017/03/06/politics/john-kelly-separating-children-from-parentsimmigration-border/index.html. vii Lind, Dara, Vox, “ICE isn’t just detaining “bad hombres.” They’re scooping up anyone in their path.” March 3, 2017, http://www.vox.com/policy-and-politics/2017/3/3/14801474/ice-detain-deport-immigrant. viii Fundación Konrad Adenauer de la República Federal de Alemania y Asociación de Investigación y Estudios Sociales, “Deportados entre Expectativas y Desesperanzas”, February 2017, http://www.asies.org.gt/download.php?get=2016,deportados_entre_expectativas.pdf ix Amnesty International, “Home Sweet Home,” December 2016, http://www.amnestyusa.org/research/reports/home-sweet-home-honduras-guatemala-and-el-salvador-s-role-in-adeepening-refugee-crisis. x UNHCR, “Deported children face deadly new dangers on return to Honduras,” January 29, 2015, http://www.unhcr.org/en-us/news/latest/2015/1/54ca32d89/deported-children-face-deadly-new-dangers-returnhonduras.html and Amnesty International, “Home Sweet Home,” December 2016, http://www.amnestyusa.org/research/reports/home-sweet-home-honduras-guatemala-and-el-salvador-s-role-in-adeepening-refugee-crisis. xi Chen, Greg, AILA, “Summary and Analysis of Executive Order-‘Protecting the Nation from Foreign Terrorist Entry into the United States,’” March 6, 2017, http://www.aila.org/infonet/summary-second-trump-exec-order-visaissuance. xii Semple, Kirk and Robles, Frances, “Trump’s New Ban Leaves Few Spots for Refugees, Even the Hunted,” The New York Times, March 7, 2017, https://www.nytimes.com/2017/03/07/world/americas/trump-refugee-ban-childrencentralamerica.html?rref=collection%2Fsectioncollection%2Famericas&action=click&contentCollection=americas®io n=stream&module=stream_unit&version=latest&contentPlacement=2&pgtype=sectionfront&_r=0. xiii Ibid. xiv McKenna, Megan, KIND, “Ninth Circuit Decision: Upholding the United States’ Long-Standing Commitment to the Most Vulnerable,” February 10, 2017, https://supportkind.org/media/ninth-circuit-decision-upholding-unitedstates-long-standing-commitment-vulnerable/. xv Department of Homeland Security, “U.S. Expands Initiatives To Address Central American Migration Challenges,” July 26, 2016, https://www.dhs.gov/news/2016/07/26/us-expands-initiatives-address-central-americanmigration-challenges. xvi Report by Foundation Cristosal, El Salvador

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