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7/06/2019

LOCK HIM UP- for Child Abuse!

Let me ask you a question:  if you failed to provide for children that fell under your legal responsibility – whether you are a biological parent, a foster parent, a relative, or a person with a child or children under your care – if you neglected or intentionally failed to provide for the basic needs of those children, what would you expect to happen to you if a regulatory agency of government got wind of your neglect or intentional irresponsibility? 

Well, in most states, you would be subject to charges of child abuse, which is variously defined in state law, but with some common elements, often based on or expanding on Federal Law, to wit:
“At the Federal level, the Child Abuse Prevention and Treatment Act (CAPTA) defines child abuse and neglect as: 'Any recent act or failure to act on the part of a parent or caretaker, which results in death, serious physical or emotional harm, sexual abuse, or exploitation, or an act or failure to act which presents an imminent risk of serious harm’.”
“Nearly all States, the District of Columbia, American Samoa, Guam, the Northern Mariana Islands, Puerto Rico, and the U.S. Virgin Islands provide civil definitions of child abuse and neglect in statute (and/or… in regulation) States recognize the different types of abuse in their definitions, including physical abuse, neglect, sexual abuse, and emotional abuse. Some States also provide definitions in statute for parental substance abuse and/or for abandonment as child abuse. (To find statute information for a particular State, go to https://www.childwelfare. gov/topics/systemwide/ laws-policies/state/)
“Physical abuse is generally defined as ‘any nonaccidental physical injury to the child’ and can include striking, kicking, burning, or biting the child, or any action that results in a physical impairment of the child. In approximately 38 States and American Samoa, Guam, the Northern Mariana Islands, Puerto Rico, and the Virgin Islands, the definition of abuse also includes acts or circumstances that threaten the child with harm or create a substantial risk of harm to the child’s health or welfare.
“Neglect is frequently defined as the failure of a parent or other person with responsibility for the child to provide needed food, clothing, shelter, medical care, or supervision to the degree that the child’s health, safety, and well-being are threatened with harm. Approximately 25 States, the District of Columbia, American Samoa, Puerto Rico, and the Virgin Islands include failure to educate the child as required by law in their definition of neglect… Ten States and American Samoa specifically define medical neglect as failing to provide any special medical treatment or mental health care needed by the child; four States define medical neglect as the withholding of medical treatment or nutrition from disabled infants with life-threatening conditions.”
“In addition to defining acts or omissions that constitute child abuse or neglect, several States’ statutes provide specific definitions of persons who can be reported to child protective services as perpetrators of abuse or neglect. These persons have some relationship or regular responsibility for the child. This generally includes parents, guardians, foster parents, relatives, or other caregivers responsible for the child’s welfare.” (https://www.childwelfare.gov/pubPDFs/define.pdf) (emphasis mine).
It is also important that we be reminded of the responsibility we have to report such abuse when we see it.  In fact, this same government site indicates: “Generally speaking, a report must be made when an individual knows or has reasonable cause to believe or suspect that a child has been subjected to abuse or neglect.”
In light of the continuing neglect (and worse) by the Trump Administration of children separated from their parents at our southern border, we should call upon all the resources we can muster, to take action against the child abuse being perpetrated upon children held in detention facilities (and elsewhere) by our government.
Let us be clear about this.  Donald Trump and his administration (primarily DHS and HHS) have responsibility for the care of these children, and the President has the ultimate responsibility for the actions of the Executive branch of our government that is tasked with executing the laws made by Congress and signed by the President. Just as a reminder: the Constitution, in Article II, Section 8, directs Congress “to establish a uniform Rule of Naturalization.” which section concludes with a direction that cannot be taken lightly:  “To make all Laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.”
Section 3 of Article III states unequivocally that the President “shall take care that the Laws be faithfully executed…” combined with the oath of office in Section 1 – “I do solemnly swear (or affirm ) that I will faithfully execute the Office of President of the United States, and will to the best of my ability, preserve, protect and defend the Constitution of the United States” – leaves little doubt as to the one person ultimately responsible for the execution of the laws of the Land.
Under the Immigration and Nationality Act of 1965 (INA), migrants can claim asylum even if they do not enter the country through a port of entry. The INA, however, also gives the president the authority to prohibit the entry of migrants into the U.S. if their presence would be detrimental to the country, which Trump apparently believes about most every immigrant, but so far, the Courts do not accept his opinion as a valid argument.
On May 7, 2018, Attorney General Jeff Sessions announced that the Trump administration would prosecute parents who crossed the U.S. border illegally with their children. The policy called for parents to be separated from their children, pending resolution of their cases. The policy called for children to be placed in shelters or with families. The policy applied to those crossing the border illegally, not those requesting asylum at ports of entry. Those caught crossing the border illegally would still be permitted to apply for asylum.[71]
Sessions said, “I have put in place a zero-tolerance policy for our Southwest border. If you cross the border illegally, we will prosecute you. It’s that simple. If you smuggle illegal aliens across our border, then we will prosecute you. If you are smuggling a child, then we will prosecute you and that child will be separated from you as required by law. So, if you’re going to come to this country, come here legally. Don’t come here illegally.
Given the country-wide ruckus this “Zero Tolerance policy” created when children were indeed separated from parents and detained in inadequate facilities with horrid results, Trump tried to stem the tide of criticism.
On June 20, 2018, President Donald Trump signed an executive order directing the U.S. Department of Homeland Security (DHS) to keep detained families together. The order also called on the U.S. Department of Defense to assist in providing housing for families when detention centers are at capacity, according to Politico. Prior to signing the order, Trump said, “We’re going to keep families together but we still have to maintain toughness or our country will be overrun by people, by crime, by all of the things that we don’t stand for and that we don’t want." The full text of the order can be accessed here.
At the time the order was signed, it was unclear how it might conflict with the Flores Agreement, a legal settlement reached in 1997 that has been interpreted by federal courts to prevent immigration officials from detaining minor children for more than 20 days. Trump's order directed the attorney general to file a request in federal district court to modify the terms of the agreement "in a manner that would permit [federal officials] ... to detain alien families together throughout the pendency of criminal proceedings for improper entry or any removal or other immigration proceedings."
On July 9, 2018, Judge Dolly Gee, of the United States District Court for the Central District of California, issued an order denying that request. Gee wrote, "It is apparent that Defendants' Application is a cynical attempt ... to shift responsibility to the Judiciary for over 20 years of Congressional inaction and ill-considered Executive action that have led to the current stalemate. ... In sum, Defendants have not shown that applying the Flores Agreement 'prospectively is no longer equitable,' or that 'manifest injustice' will result if the Agreement is not modified." 
On November 9, 2018, President Donald Trump signed a presidential proclamation preventing migrants who enter the country without legal permission from claiming asylum. The proclamation enacted a rule published by the Departments of Homeland Security (DHS) and Justice that stated only migrants who enter the country through legal ports of entry can claim asylum.
On November 19, 2018, U.S. District Court Judge Jon S. Tigar issued a temporary restraining order, ruling that the proclamation conflicted with the Immigration and Nationality Act of 1965. "Whatever the scope of the President's authority, he may not rewrite the immigration laws to impose a condition that Congress has expressly forbidden."
Trump, as usual, has attempted to blame this situation on Democrats in Congress and on President Obama.  It doesn’t wash because it is his policy; he owns it; he keeps it alive; he is in charge of its operation (just as he makes himself “in-charge” of everything he possibly can). 
Trump is a child abuser (according to most definitions) and nothing he can say can erase that fact.  
Here's the way one blogger from Canada approached it:
“State violence against children has a long, dark history among authoritarian regimes.
Josef Stalin’s police took children from the parents he labelled “enemies of the people.” Adolf Hitler, Spain’s Francisco Franco and Chile’s Augusto Pinochet all separated children from their families on a large scale as a way to punish political dissidents and those parents considered disposable.
Now we can add Trump to the list of the depraved.”
Amnesty International called Trump’s decision to separate children from their parents and warehouse them in cages and tents for months as “a cruel policy that amounts to nothing short of torture.”
By this measure, the Trump administration has done more than fail in its commitment to children. It has abused, terrorized and scarred them perhaps for life.
So, let us be quite clear:  this is a case of violence and neglect toward children by the United States government under the express action of the Trump Administration.  That child abuse is exacerbated by illegal kidnapping of children from parents and relatives, by forced imprisonment and by the deaths of 7 children who died in the last year while in the custody of this regime.  Donald J. Trump is ultimately responsible for their welfare, and the directors of HHS and DHS are also liable as irresponsible and abusive caretakers.
Since we can’t go to any of these facilities to see for ourselves what conditions exist, let us 
refer to recent eyewitness accounts and let them tell us something of what they saw.

 June 24, 2019 1:08 PM EDT
We Went to a US Border Detention Center for Children. What We Saw was Awful
Published in CNN (use CTRL-Click to see more)
 Nicole Austin-Hillery, Executive Director, US Program @NicoleAustinHil 
Clara Long, Senior Researcher, US Program clarychka 
“A 14-year old told us she was taking care of a 4-year old who had been placed in her cell with no relatives. 'I take her to the bathroom, give her my extra food if she is hungry, and tell people to leave her alone if they are bothering her,' she said.
"She was just one of the children we talked with… as part of a team of lawyers and doctors monitoring conditions for children in US border facilities. We have been speaking out urgently, since then, about the devastating and abusive circumstances we've found. The Trump administration claims it needs even more detention facilities to address the issue, but policy makers and the public should not be fooled into believing this is the answer.
"The situation we found is unacceptable. US Border Patrol is holding many children, including some who are much too young to take care of themselves, in jail-like border facilities for weeks at a time without contact with family members, regular access to showers, clean clothes, toothbrushes, or proper beds. Many are sick. Many, including children as young as 2 or 3, have been separated from adult caretakers without any provisions for their care besides the unrelated older children also being held in detention.
"Some of the children we spoke with were sleeping on concrete floors and eating the same unpalatable and unhealthy food for close to a month: instant oatmeal, instant soup and a previously frozen burrito. Children should spend no more than a few hours in short-term border jails to be processed and US-law limits their detention under typical circumstances to 72 hours. The government has been unapologetic about conditions..(saying) in the Ninth Circuit last week that the government's obligation to provide "safe and sanitary" conditions for child migrants does not require it to provide children with hygiene items such as soap or toothbrushes and it can have them sleep on concrete floors in cold, overcrowded cells.
The government has sought to use children in Office of Refugee Resettlement (ORR) facilities as bait to arrest and deport the family members who come forward to care for them, according to a report by advocacy groups The Women's Refugee Commission and the National Immigrant Justice Center.
"The conditions we saw match previous Human Rights Watch findings on the harms children face in Border Patrol detention. But now it's going on for weeks instead of days. Congress should take action… by requiring immigration agencies to cease separating children from family members…release and reunify children as soon as possible and cease using them as bait to arrest family members.
 "These unconscionable abuses against children are not what America should stand for.”  

More recently, another delegation found conditions as in the following pictures released by Rep. Henry Cuellar's (D-Texas) office:







Again, let us be clear:

·      This is not simply a question of lack of toothbrushes and toothpaste; not just a question of supplies and personnel although those concerns must be addressed
·      It was meant to be “tough” -- using detention, isolation and deprivation as a deterrent to others contemplating ‘illegal entry’.  It was the PLAN all along – pre-meditated!
·      It was intended to provide inadequate basic care from the beginning: poor nutrition; lack of medical care; little outside recreation, over-crowding, military-style discipline; no schooling
·      It is a question of lousy policy-making; of intentionally cruel terrorism meant to frighten off other potential asylum-seekers
·      It is a question of bad policy carried out under wraps; disallowing oversight by congresspersons and press; even paying a for-profit private company over $2 million tax dollars to run one of the very worst centers and to cover-up deplorable conditions
·      It’s a question of making America look like a banana republic lashing out against other people and countries
·      It’s a question of law: who makes it, who enforces it, and HOW it is enforced
·      It’s a problem of disarray and chaos and inability to organize efficiently and effectively
·      It’s a problem of not paying attention to hemispheric/regional issues of violence, gang intimidation, bribery of officials, use of police to intimidate people and the need for interventions with those governments
·      Moreover, it Is a question of how we treat children; especially by means of government auspices
·      It’s also a question of how this administration will use that $4.5 billion emergency appropriation by Congress – we don’t really know because we can’t trust a lying conman like Donald Trump!
·      For example, will it be diverted to other purposes, like funding more for-profits to operate more detention centers
SO—What Now?
·      There is another very major issue involved:  what to do about leaders who violate child abuse laws but face no penalties; and what about congressional representatives who do nothing, or worse, condone these practices by their silence or by their vocalized support?
·      Maybe Democrats need to begin writing hefty penalties into their legislation regarding government neglect and abuse against children 

Moreover, perhaps it is the right moment to introduce legislation that overturns or invalidates the DOJ rule that a President cannot be indicted while in office (whether or not it has a chance of passage in the Senate - let the Senate bear the consequences of inaction at the polls)
·      One more thing:  the time has come to take this  President and his loyal puppets and cronies to court to seek injunctions against this child abuse and neglect on our southern border and elsewhere
·      Finally, this is one egregious example of Donald J. Trump believing and acting as though laws do not apply to him.  He is a child kidnapper and abuser and should be prosecuted as such either by means of impeachment, or by indictment after he vacates his Office.
·      Of all the high crimes one could cite against this unworthy president, this should have TOP PRIORITY.  He has abused the powers of his office and used government structures, appropriations and personnel to intentionally terrorize children and their families.  He must bear the consequences of this high crime.
In the meantime, every progressive activist in this country should be making it absolutely clear by protest that Trump is a child abuser!  Day after day, the message that played a pivotal role in the 2016 campaign (with slightly different wording) should be displayed about this criminally inclined tyrant:  
LOCK HIM UP!