I was trying to understand when the migrant was considered arrested. Is there a difference in being detained and arrested?
Yes and no. Are you being "arrested" or "detained" during a traffic stop? You're not free to go, but all you're really asked to do is consent to a court date. Technology is such that they can now scan your prints instantly, and get back a hit pretty quickly. I would argue that once you know the person isn't wanted for anything serious, they can safely be released, possible with monitoring. This does take time, but with enough planning that process can happen in a few hours vs. days or weeks - days or weeks in which your children are sent into a system that
no one had designed for reunification with kids.
I misunderstood what the Secretary of Homeland Security had to say. She told us the media was reporting the separation of children at the border inaccurately. She said if the migrant was seeking asylum they were not arrested and children were not separated from their parents. This was only if the migrants were crossing in the correct locations, at points of entry. http://
www.alllaw.com/articles/nolo/us-immigration/ can-you-request-asylum-border.html
Correct. However, migrants were being told that the port was closed, or that the bridge was closed - they were camping out trying to go through the port but were denied access. So they took the risk of entering illegally, probably knowing they'd be caught, but not knowing that the secret agenda was to punish them by taking away their kids,
possibly forever.
Should I conclude anyone crossing the border that is not considered a port of entry is arrested and detained means arrested?
Again: It's semantics. The point of "zero tolerance" is to charge them all with misdemeanors. Which I don't have an ideological problem with, if they can be screened and monitored. Under that scenario, they (if caught, and they probably want to get caught) are, yes, technically under arrest. They're detained. They're booked. They're charged. A well-thought out process could minimize the time this takes. And perhaps there would be some provision to drop the misdemeanor if they eventually qualified for asylum.
Are migrants that come across at ports of entry and are seeking asylum detained in secured areas? After reading the info in the link I posted I'm even more confused.
If they're admitted as asylum seekers, I don't think they've done anything illegal. But close the port of entry and it becomes an issue. This I think was the origin of "catch and release," which IMO was a scare term.
Also I've read the children that are missing, that can' t be located, are children who came across the border alone and not with parents.
Certainly some are, probably teenagers, whose parents were taking advantage of Bush-era protections for unaccompanied youths seeking asylum. They're guaranteed a court date and can only be held for so long. Then they had to be farmed out to the "least constrictive" environment. That might have meant boarding with a foster family that they then walked away from in order to find work. Or maybe to be gangsters, we don't really know.
As for miles from the border, are you talking about the hundred mile law which is inside our border?
https://
www.aclu.org/other/ constitution -100-mile-border-zone
Possibly. There are games played with statistics. U.S. officials don't want "border deaths" to be too high, so they might want to exclude some of the roughly 200,000 square miles where hundreds of people die each year. They might also massage figures on "border apprehensions." But, as far as I know, the stated policies on that are fairly clear. It has to do (I think) with Border Patrol jurisdiction, vs. ICE or similar.
I've understood the migrants are only detained for three days on average before they are reunited with their children. In the document I posted it states 48 hours but I can't find when that particular document was used, is it current?
I don't know but I doubt it. Under "catch and release" there would be no barrier to preclude 48 hours or 3 days. Under "zero tolerance" things got pretty gummed up. With planning things could still be fast-tracked - plead guilty, boom, get on a plane to Guatemala. Except in practice people were being deported without their kids. Bait-and-switch, IMO, whether for nefarious purposes or due to ineptitude, I'm not sure, but given statements by Jeff Sessions and to a lesser extent Sarah Sanders I think some of it was deliberate cruelty.
I also would like to know when arrested and they appear before a judge, if charged with a misdemeanor is it a fine?
I would think that is waived or deferred, but that parents would be on unsupervised probation and if their print turned up again they'd possibly face a felony charge. The kids could be printed too; I don't know if that took place. Some of them got (ID) bracelets.
Do these people who cross the border carry money with them, you wouldn't think so since they must be targets for being robbed.
They are targets for robbery, rape, kidnapping for ransom, human trafficking. And some, I assume, are genuinely bad
hombres.
Wondering just how this all works when they are charged with a crime? Felonies would be jailed on the spot or are they given bond, released and a court date? Wondering where they are allowed to reside.
Conditions in the field would influence some of that. Felonies probably would be jailed on the spot if charged, I'm guessing with no or prohibitive bond. Misdemeanors might depend on available transport, or if the detainee can be placed with U.S. citizens or green cardholders, or whether they can and maybe even desire to be held in detention. By law, immigration officials must fill 34,000 detention beds each night. No other law enforcement agency has a quota for detainee beds that must be filled. Some people think this benefits private prisons and logistics agencies.
I agree and it does seem like this is not being handled the best way possible because bills have not been passed to make new laws etc.
A lot of it doesn't require bills, which is a good thing because nobody can pass anything. It's almost axiomatic: Any given measure attracts enough opposition to kill it. That's why Bush, McCain and others pushed for a grand bargain that included a provisional path to legal status, beefed-up security, guest-worker visas, E-Verify, modifications to chain immigration, the Dream Act etc. Something for everyone. If zero tolerance is the policy - leaving aside whether it's a good policy - that can be mitigated by well-thought-out measures to streamline processing time, put monitoring in place, possibly arrange for quick deportation with their kids etc.
Thank you and I will. Probably speaking with an Immigration Atty would give me the answers I'm looking for. Doubt any Atty has the time to answer all of my questions.
Legal aid types love educating people on immigration law. But immigration law is a huge, sprawling topic. It's a kludge, since the last time our country revamped the system comprehensively was 1986, when a Democratic congress passed and Ronald Reagan signed a bill that involved no wall, granted amnesty and established weak procedures making it a crime to knowingly hire an illegal immigrant.
Some have speculated that this 1986 law accelerated demographic change in the U.S. Instead of coming and going relatively freely across the "porous" border, seasonal workers, generally unaccompanied men, who once returned to Mexico during the off-season started bringing up their wives and having babies. (Thus the feared "anchor babies.") Mexicans like babies, not to stereotype but my Mexican-American students seemed shocked that I didn't have any.
So there started being families that were a mix of citizens, illegal immigrants, green-card holders etc. Family separations started to become a policy issue, and few politicians wanted to be seen as ripping apart families. Until the Trump administration, which was either indifferent or looking forward to it. Not necessarily even Trump himself, but Sessions, Miller etc.