A Crisis of Conscience: Border Crisis 2014

A Crisis of Conscience: Don’t Blame the Children for Being Refugees

July 29, 2014
By Immigration Attorney, Sean Lewis


The American media and many U.S. politicians are a twisting the reality of the border crisis to serve their own agenda. There is a true humanitarian crisis causing people to flee extreme violence in Central America. These people are the most vulnerable segment we as Americans have faced since Vietnamese refugees (the “boat people”) started arriving in the late 1970’s. During that crisis, the media did not blame the refugees themselves for seeking protection in the United States. Unfortunately, times have changed and Americans are in a crisis of their own: a crisis of conscience.

The media and certain politicians, including Tennessee’s own Representative Marsha Blackburn, are on the “bash the children” bandwagon. In a certain sense, blaming the children and Obama for a crisis caused by rampant corruption, dire poverty and extreme violence committed with impunity by gang members is popular today. Many Americans are simply fed up with hearing our paid and elected representatives refuse to deal with solving the broken immigration system.

The border crisis is symptomatic of a president and law makers who are totally focused on votes rather than doing their jobs. Obama could have addressed immigration reform as he promised when he was first elected but he raced into health reform instead. He threatens executive action, but, of course, is waiting closer to the next round of elections to do so. House Republicans and Tea Party officials have always vowed to obstruct immigration reform and continue to do so to this day. The American media is eating this up. Take for instance Marsha Blackburn’s recent comments about the current refugee crisis:

“The thing that is incredibly sad to me is that these children and families that are in Central America who are being preyed on by the Coyotes are just pawns in this administration’s political agenda, and this push to force the issue of immigration reform.”

“It is imperative that the president be resolute, that he take the leadership in this situation, that he work with these governors to make sure the border is secured and that he makes sure to let these countries know these children will be coming back home. They are not going to be staying here.”

“The public health security of our nation, issues with smallpox and scabies and TB—those are true concerns for Americans and for the Border Patrol working to end this, and the National Guard who are on the border, and for the direct-care providers in these facilities trying to care for these children.”

The “incredible sadness” in Rep. Blackburn’s comments is that she makes unfounded claims that these children are diseased and are pawns of the 2012 Obama administration’s policy to grant work permits to certain undocumented people who were brought to the United States as children. Of course, those seeking refuge from murder and rapes arriving in 2014 do not even qualify for 2012 deferred action status. They are placed into deportation proceedings. In terms of which of these refugees were properly vaccinated or have scabies and smallpox, Blackburn has absolutely no data. The “sad” Ms. Blackburn and others like her absolutely have no plans to resolve anything whatsoever. Of course, these disease-ridden children and Obama are the cause of the violence and humanitarian crisis.

This is not the party of Ronald Reagan, this is not the same dialogue taken to refer to the Vietnamese Boat People or refugees by our media years ago. This is a crisis of our own conscience and a total lack of leadership and honesty in government and in the media.

Sean Lewis is an immigration attorney based in Nashville, Tennessee. He may be reached at 615-226-4236.

Obama: Refouler in Chief Who Killed Immigration Reform

By Sean Lewis, Esq.
Immigration Attorney, Nashville, TN
July 4, 2014

Obama Is the Refouler in Chief Who Killed Immigration Reform

The humanitarian crisis involving unaccompanied minors from Central America highlights our failed policies at all levels of our dysfunctional government. Rather than address immigration reform as he promised voters before he was elected, Obama obsessively crammed health care reform down our throats and created the atmosphere of distrust leading the House Republicans to ignore the issue of immigration reform. The House Republicans probably would have found another excuse to avoid fixing our broken immigration system, but they cite Obama Care to justify obstructionism so that is what we are supposed to believe.
Putting aside the blame-mongering, Obama has boldly announced that he is sending immigration judges to the border to more quickly deport unaccompanied minors back to the violence and poverty they have fled in Guatemala, Honduras and El Salvador. To justify such a cavalier move, President Obama blames the Republicans and the Republicans blame Obama for the crisis.

borderThe saddest part of this theatrical performance is that Obama is ready, willing and able to violate the United States’ obligations under the Convention Against Torture by summarily sending a class of refugees back to persecution or torture without due process of law. He is a King and we are all his subjects.

There is little difference between waves of refugees fleeing persecution, torture and death from Nazi Germany, Syria and Central America, given the dire country conditions currently in Guatemala, Honduras and El Salvador. Those countries are unwilling and unable to protect children and their families from murder, rapes and torture by gang members who operate as a de facto government. The gangs now seek to recruit children in the elementary schools, especially in Guatemala. Refusal to join, for instance the Mara 18 gang, often ends up in the murder, kidnapping and torture of family members.

The majority of people living in Central America live in such dire poverty that private security or protection is unavailable to them. Sending a child to the United States, via Mexico atop a freight train is a desperate measure no parent can imagine. Once in Mexico, corrupt police, gang members and human smugglers often beat and rape the migrants.

This writer personally observed the Deputy Secretary of the Department of Homeland Security, Alejandro Mayorkas break into tears in front of a group of several thousand immigration attorneys last week upon recounting a story he heard from his morning briefing on the border situation. He described a 12 year-old child carrying his dead mother to a border patrol station who had been killed just shy of the U.S. Border. This writer has assisted many women and children from Central America who were victims of brutal rapes and violence in their asylum cases before the immigration courts. These stories are real and involve the most vulnerable and fragile of all human being, poor women and children, many of whom are bona fide refugees.

Denying the opportunity to apply for asylum, or sending these folks back in a summary fashion ignores the lessons we learned as a nation following World War II. The United States has obligations under the Convention Against Torture which include not sending victims of persecution back to the persecutor. That obligation is called the doctrine of “non-refoulment” (non-return). Obama appears ready and able to ignore international obligations and smear our reputation in the eyes of the world for political points by summary removal of unaccompanied minors.

If Obama gets his way, he will not only go down as the President who has deported more immigrants in U.S. History, he will be known as the “Refouler in Chief”.

Contact the writer, Sean Lewis at 615-226-4236