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The boys and girls are buoyed ashore by a 2008, George W. Bush signed law - the William Wilberforce Trafficking Victims Protection Reauthorization Act - that is supposed to protect them from the rampant dangers of murder and sex trafficking in their home countries. You have likely heard, by now, that the GOP has wrongly hung this on Obama, citing his executive action that delayed deportation of minors that were brought here by their parents, as children, as the reason for the sudden influx. But the law and the president's order are distinct issues.
That law says we cannot turn them directly around, without detention and a deportation hearing, unless they are citizens of Mexico or Canada. Salvadorans, Hondurans and Guatemalans (as well as the rest of the world) all have the opportunity for due process, allowing them to stay in this country until they have their day in court. In a small number of cases, the administration has said, they will be allowed to stay.
Republicans in Congress have fought against giving President Obama the nearly $4 billion he asked for to help expedite hearing the cases. Instead, they are looking at a much smaller bill, that includes rescinding the human rights exemption in the 2008 law for non-contiguous, near border states, so that the refugee children can be returned to their home countries as if they were refugees from Mexico (or Canada). The Senate bill, which was endorsed by the administration Monday, also cuts the amount of money by about a third, but does nothing to reverse the policy of treating the children like the asylum seekers they are.
Here's the insidious part, though. The "humanitarian crisis" (perhaps an overly appropriated diagnosis of a plethora of refugee issues) the act was meant to address is now being framed by Republicans as the children risking their lives to cross our borders, and what to do with them once they get here.
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