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solarz

Brigadier
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One teenager told an advocate who visited that she was helping care for a young child she didn’t know because the child’s aunt was somewhere else in the facility. She said she had to show others in her cell how to change the girl’s diaper.

Brane said she also saw officials at the facility scold a group of 5-year-olds for playing around in their cage, telling them to settle down. There are no toys or books.

But one boy nearby wasn’t playing with the rest. According to Brane, he was quiet, clutching a piece of paper that was a photocopy of his mother’s ID card.

A toddler inside the 60-bed facility caught her eye — she was crying uncontrollably and pounding her little fists on mat.

Staff members tried to console the child, who looked to be about 2 years old, Kraft said. She had been taken from her mother the night before and brought to the shelter.

The staff gave her books and toys — but they weren’t allowed to pick her up, to hold her or hug her to try to calm her. As a rule, staff aren’t allowed to touch the children there, she said.

As a parent of young children, the above passages are particularly heart wrenching. I can't imagine what psychological trauma a 2-year-old would suffer when there's nobody there to physically comfort her. My son is also 5 years old, just imagining him being forcibly separated from his mom brings tears to my eyes.

Someone at the UN needs to bring forth a resolution condemning this barbaric practice. The US will undoubtedly veto it, but they still need to be called out on this!!
 

Equation

Lieutenant General
Trump administration pulls US out of UN human rights council
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WASHINGTON (AP) — The United States announced Tuesday it was leaving the United Nations' Human Rights Council, with Ambassador Nikki Haley calling it "an organization that is not worthy of its name." It was the latest withdrawal by the Trump administration from an international institution.

Haley, Trump's envoy to the U.N., said the U.S. had given the human rights body "opportunity after opportunity" to make changes. She lambasted the council for "its chronic bias against Israel" and lamented the fact that its membership includes accused human rights abusers such as China, Cuba, Venezuela and the Democratic Republic of Congo.

"We take this step because our commitment does not allow us to remain a part of a hypocritical and self-serving organization that makes a mockery of human rights," Haley said.

Secretary of State Mike Pompeo, appearing alongside Haley at the State Department, said there was no doubt that the council once had a "noble vision."

But today we need to be honest," Pompeo said. "The Human Rights Council is a poor defender of human rights."

The announcement came just a day after the U.N. human rights chief, Zeid Ra'ad al-Hussein, denounced the Trump administration for separating migrant children from their parents. But Haley cited longstanding U.S. complaints that the 47-member council is biased against Israel. She had been threatening the pull-out since last year unless the council made changes advocated by the U.S.

"Regrettably, it is now clear that our call for reform was not heeded," Haley said.

Still, she suggested the decision need not be permanent, adding that if the council did adopt reforms, "we would be happy to rejoin it." She said the withdrawal notwithstanding, the U.S. would continue to defend human rights at the United Nations.

Israeli Prime Minister Benjamin Netanyahu's office called the U.S. decision "courageous," calling it "an unequivocal statement that enough is enough."

The move extends a broader Trump administration pattern of stepping back from international agreements and forums under the president's "America First" policy. Although numerous officials have said repeatedly that "America First does not mean America Alone," the administration has retreated from multiple multilateral accords and consensuses since it took office.

Since January 2017, it has announced its withdrawal from the Paris climate accord, left the U.N. educational and cultural organization and pulled out of the Iran nuclear deal. Other contentious moves have included slapping tariffs on steel and aluminum against key trading partners, recognizing Jerusalem as Israel's capital and moving the U.S. Embassy there from Tel Aviv.

Opposition to the decision from human rights advocates was swift. A group of 12 organizations including Save the Children, Freedom House and the United Nations Association-USA said there were "legitimate concerns" about the council's shortcomings but that none of them warranted a U.S. exit.

"This decision is counterproductive to American national security and foreign policy interests and will make it more difficult to advance human rights priorities and aid victims of abuse around the world," the organizations said in a joint statement.

Added Kenneth Roth, the executive director of Human Rights Watch: "All Trump seems to care about is defending Israel."

On Twitter, al-Hussein, the U.N. human rights chief, said it was "Disappointing, if not really surprising, news. Given the state of #HumanRights in today's world, the US should be stepping up, not stepping back."

And the Heritage Foundation, a conservative think tank close to the Trump administration, defended the move, calling the council "notably incurious about the human rights situations in some of the world's most oppressive countries." Brett Schaefer, a senior fellow, pointed out that Trump could have withdrawn immediately after taking office but instead gave the council 18 months to make changes.

Haley has been the driving force behind withdrawing from the human rights body, unprecedented in the 12-year history of the council. No country has ever dropped out voluntarily. Libya was kicked out seven years ago.


The move could reinforce the perception that the Trump administration is seeking to advance Israel's agenda on the world stage, just as it prepares to unveil its long-awaited Israeli-Palestinian peace plan despite Palestinian outrage over the embassy relocation. Trump's son-in-law and senior adviser, Jared Kushner, is visiting the Middle East this week as the White House works to lay the groundwork for unveiling the plan.

Israel is the only country in the world whose rights record comes up for discussion at every council session, under "Item 7" on the agenda. Item 7 on "Israel and the Occupied Palestinian Territories" has been part of the council's regular business almost as long as it has existed.

The United States' current term on the council ends next year. Although the U.S. could have remained a non-voting observer on the council, a U.S. official said it was a "complete withdrawal" and that the United States was resigning its seat "effective immediately." The official wasn't authorized to comment publicly and insisted on anonymity.

That means the council will be left without one of its traditional defenders of human rights. In recent months, the United States has participated in attempts to pinpoint rights violations in places like South Sudan, Congo and Cambodia.

The U.S. pullout was bound to have ripple effects for at least two countries at the council: China and Israel. The U.S., as at other U.N. organizations, is Israel's biggest defender. At the rights council, the United States has recently been the most unabashed critic of rights abuses in China — whose growing economic and diplomatic clout has chastened some other would-be critics, rights advocates say.

There are 47 countries in the Human Rights Council, elected by the U.N.'s General Assembly with a specific number of seats allocated for each region of the globe. Members serve for three-year terms and can serve only two terms in a row.

The United States has opted to stay out of the Human Rights Council before: The George W. Bush administration opted against seeking membership when the council was created in 2006. The U.S. joined the body only in 2009 under President Barack Obama.

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timepass

Brigadier
US quits UN human rights body, citing bias vs Israel, alarming critics

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The United States withdrew from a “hypocritical and self-serving” United Nations Human Rights Council on Tuesday over what it called chronic bias against Israel and a lack of reform, a move activists warned would make advancing human rights globally even more difficult.

Standing with US Secretary of State Mike Pompeo at the State Department, US Ambassador to the United Nations Nikki Haley slammed Russia, China, Cuba and Egypt for thwarting US efforts to reform the council. She also criticized countries which shared US values and encouraged Washington to remain, but “were unwilling to seriously challenge the status quo.”

Washington’s withdrawal is the latest US rejection of multilateral engagement after it pulled out of the Paris climate agreement and the 2015 Iran nuclear deal.

It also comes as the United States faces intense criticism for detaining children separated from their immigrant parents at the US-Mexico border. UN human rights chief Zeid Ra’ad al-Hussein on Monday called on Washington to halt its “unconscionable” policy.

“Look at the council membership, and you see an appalling disrespect for the most basic rights,” said Haley, citing Venezuela, China, Cuba and Democratic Republic of Congo. She did not mention Saudi Arabia, which rights groups pushed to be suspended in 2016 over killings of civilians in the Yemen war.

Among reforms the United States had pushed for was to make it easier to kick out member states with egregious rights records. Currently a two-thirds majority vote by the 193-member UN General Assembly is needed to suspend a member state.

Haley also said the “disproportionate focus and unending hostility toward Israel is clear proof that the council is motivated by political bias, not by human rights.” Israeli Prime Minister Benjamin Netanyahu welcomed the US decision.

The United States has long shielded its ally Israel at the United Nations. In citing what it says is bias against Israel, the administration of President Donald Trump could further fuel Palestinian arguments that Washington cannot be a neutral mediator as it prepares to roll out a Middle East peace plan. Washington also relocated its embassy to Jerusalem after recognizing it as the capital of Israel, reversing decades of US policy.

The United States is half-way through a three-year term on the 47-member Geneva-based body and the Trump administration had long threatened to quit if it was not overhauled.

‘Misguided policy’
Rights groups have criticized the Trump administration for not making human rights a priority in its foreign policy. Critics say this sends a message that the administration turns a blind eye to human rights abuses in some parts of the world.

“Given the state of human rights in today’s world, the US should be stepping up, not stepping back,” Zeid said after Haley announced the US withdrawal.

Reuters reported last week that talks on reforming the council had failed to meet Washington’s demands, suggesting the Trump administration would quit.

“The Human Rights Council enables abuses by absolving wrongdoers through silence and falsely condemning those that committed no offense,” Pompeo said.

Diplomats have said the US withdrawal could bolster countries such as Cuba, Russia, Egypt and Pakistan, which resist what they see as UN interference in sovereign issues.

Haley said the withdrawal “is not a retreat from our human rights commitments.”

Twelve rights and aid groups, including Human Rights First, Save the Children and CARE, warned Pompeo the US withdrawal would “make it more difficult to advance human rights priorities and aid victims of abuse around the world.”

Jamil Dakwar, director of the American Civil Liberties Union’s Human Rights Program, said Trump’s “misguided policy of isolationism only harms American interests.”

The EU said Washington’s decision “risks undermining the role of the US as a champion and supporter of democracy on the world stage.” British Foreign Secretary Boris Johnson said it was regrettable and that the council was the “best tool the international community has to address impunity.”

First member to withdraw
The Human Rights Council meets three times a year to examine human rights violations worldwide. It has mandated independent investigators to look at situations including Syria, North Korea, Myanmar and South Sudan. Its resolutions are not legally binding but carry moral authority.

When the Council was created in 2006, US President George W. Bush’s administration shunned the body.

Under President Barack Obama the United States was elected for a maximum two consecutive terms on the council by the UN General Assembly. After a year off, Washington was re-elected in 2016 for its current third term.

UN officials said the United States would be the first member to withdraw from the council.

Haley said a year ago that Washington was reviewing its membership. The body has a permanent standing agenda item on suspected violations committed by Israel in the occupied Palestinian territories that Washington wanted removed.

The council last month voted to probe killings in Gaza and accused Israel of using excessive force. The United States and Australia cast the only “no” votes.

“The UN Human Rights Council has played an important role in such countries as North Korea, Syria, Myanmar and South Sudan, but all Trump seems to care about is defending Israel,” said Human Rights Watch executive director Ken Roth.

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timepass

Brigadier
US ready to discuss role of international troops with Taliban: Pompeo

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WASHINGTON: US Secretary of State Mike Pompeo has said that the Trump administration is ready to discuss with the Taliban the role of US and international forces in Afghanistan if they participate in
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.

Encouraged by the pictures of Taliban rebels and Afghan soldiers saying Eid prayers side by side, the top US diplomat also offered to work with the Afghan government and the Taliban to end the 17-year-old war.

“As President Ashraf Ghani emphasised in his statement to the Afghan people, peace talks by necessity would include a discussion of the role of international actors and forces,” said Pompeo while referring to a recent statement by the Afghan leader.

“The United States is prepared to support, facilitate, and participate in these discussions.”

The Taliban demand the withdrawal of international forces from Afghanistan, insisting that there can be no peace as long as there are foreign forces on the Afghan soil.

The US diplomat, however, emphasised that all talks must include the Afghan government.

Last week, Taliban leader Hibatullah Akhunzada urged Washington to hold direct talks with the Taliban leadership, bypassing the government in Kabul.

“The United States stands ready to work with the Afghan government, the Taliban, and all the people of Afghanistan to reach a peace agreement and political settlement that brings a permanent end to this war,” said Pompeo in a message issued after Eid holidays.

The statement makes it clear that Washington has no intention to abandon the setup in Kabul in which it has invested heavily and has lost more than 2,000 US soldiers and contractors in defending it.

Last week, the Taliban accepted an offer by President Ghani to stop fighting for seven days to allow all Afghans to celebrate Eid in peace.

The acceptance led to the first-ever ceasefire in 17 years and media reports from Kabul and other Afghan cities noted that the government allowed the rebels to return to their families to celebrate the festival.

Published in Dawn, June 19th, 2018


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Follow the money folks.

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The Truth about Separating Kids
By RICH LOWRY
May 28, 2018 10:37 PM

Some economic migrants are using children as chits, but the problem is fixable — if Congress acts.
The latest furor over Trump immigration policy involves the separation of children from parents at the border.

As usual, the outrage obscures more than it illuminates, so it’s worth walking through what’s happening here.

For the longest time, illegal immigration was driven by single males from Mexico. Over the last decade, the flow has shifted to women, children, and family units from Central America. This poses challenges we haven’t confronted before and has made what once were relatively minor wrinkles in the law loom very large.

The Trump administration isn’t changing the rules that pertain to separating an adult from the child. Those remain the same. Separation happens only if officials find that the adult is falsely claiming to be the child’s parent, or is a threat to the child, or is put into criminal proceedings.

It’s the last that is operative here. The past practice had been to give a free pass to an adult who is part of a family unit. The new Trump policy is to prosecute all adults. The idea is to send a signal that we are serious about our laws and to create a deterrent against re-entry. (Illegal entry is a misdemeanor, illegal re-entry a felony.)

When a migrant is prosecuted for illegal entry, he or she is taken into custody by the U.S. Marshals. In no circumstance anywhere in the U.S. do the marshals care for the children of people they take into custody. The child is taken into the custody of HHS, who cares for them at temporary shelters.

The criminal proceedings are exceptionally short, assuming there is no aggravating factor such as a prior illegal entity or another crime. The migrants generally plead guilty, and they are then sentenced to time served, typically all in the same day, although practices vary along the border. After this, they are returned to the custody of ICE.

If the adult then wants to go home, in keeping with the expedited order of removal that is issued as a matter of course, it’s relatively simple. The adult should be reunited quickly with his or her child, and the family returned home as a unit. In this scenario, there’s only a very brief separation.

Where it becomes much more of an issue is if the adult files an asylum claim. In that scenario, the adults are almost certainly going to be detained longer than the government is allowed to hold their children.

That’s because of something called the Flores Consent Decree from 1997. It says that unaccompanied children can be held only 20 days. A ruling by the Ninth Circuit extended this 20-day limit to children who come as part of family units. So even if we want to hold a family unit together, we are forbidden from doing so.

The clock ticking on the time the government can hold a child will almost always run out before an asylum claim is settled. The migrant is allowed ten days to seek an attorney, and there may be continuances or other complications.

This creates the choice of either releasing the adults and children together into the country pending the ajudication of the asylum claim, or holding the adults and releasing the children. If the adult is held, HHS places the child with a responsible party in the U.S., ideally a relative (migrants are likely to have family and friends here).

Even if Flores didn’t exist, the government would be very constrained in how many family units it can accommodate. ICE has only about 3,000 family spaces in shelters. It is also limited in its overall space at the border, which is overwhelmed by the ongoing influx. This means that — whatever the Trump administration would prefer to do — many adults are still swiftly released.

Why try to hold adults at all? First of all, if an asylum-seeker is detained, it means that the claim goes through the process much more quickly, a couple of months or less rather than years. Second, if an adult is released while the claim is pending, the chances of ever finding that person again once he or she is in the country are dicey, to say the least. It is tantamount to allowing the migrant to live here, no matter what the merits of the case.

A few points about all this:

1) Family units can go home quickly. The option that both honors our laws and keeps family units together is a swift return home after prosecution. But immigrant advocates hate it because they want the migrants to stay in the United States. How you view this question will depend a lot on how you view the motivation of the migrants (and how seriously you take our laws and our border).

2) There’s a better way to claim asylum. Every indication is that the migrant flow to the United States is discretionary. It nearly dried up at the beginning of the Trump administration when migrants believed that they had no chance of getting into the United States. Now, it is going in earnest again because the message got out that, despite the rhetoric, the policy at the border hasn’t changed. This strongly suggests that the flow overwhelmingly consists of economic migrants who would prefer to live in the United States, rather than victims of persecution in their home country who have no option but to get out.

Even if a migrant does have a credible fear of persecution, there is a legitimate way to pursue that claim, and it does not involve entering the United States illegally. First, such people should make their asylum claim in the first country where they feel safe, i.e., Mexico or some other country they are traversing to get here. Second, if for some reason they are threatened everywhere but the United States, they should show up at a port of entry and make their claim there rather than crossing the border illegally.

3) There is a significant moral cost to not enforcing the border. There is obviously a moral cost to separating a parent from a child and almost everyone would prefer not to do it. But, under current policy and with the current resources, the only practical alternative is letting family units who show up at the border live in the country for the duration. Not only does this make a mockery of our laws, it creates an incentive for people to keep bringing children with them.

Needless to say, children should not be making this journey that is fraught with peril. But there is now a premium on bringing children because of how we have handled these cases. They are considered chits.

In April, the New York Times reported:

Some migrants have admitted they brought their children not only to remove them from danger in such places as Central America and Africa, but because they believed it would cause the authorities to release them from custody sooner.

Others have admitted to posing falsely with children who are not their own, and Border Patrol officials say that such instances of fraud are increasing.

According to azcentral.com, it is “common to have parents entrust their children to a smuggler as a favor or for profit.”

If someone is determined to come here illegally, the decent and safest thing would be to leave the child at home with a relative and send money back home. Because we favor family units over single adults, we are creating an incentive to do the opposite and use children to cut deals with smugglers.

4) Congress can fix this. Congress can change the rules so the Flores consent decree will no longer apply, and it can appropriate more money for family shelters at the border. This is an obvious thing to do that would eliminate the tension between enforcing our laws and keeping family units together. The Trump administration is throwing as many resources as it can at the border to expedite the process, and it desperately wants the Flores consent decree reversed. Despite some mixed messages, if the administration had its druthers, family units would be kept together and their cases settled quickly.

The missing piece here is Congress, but little outrage will be directed at it, and probably nothing will be done. And so our perverse system will remain in place and the crisis at the border will rumble on.
 

solarz

Brigadier
Follow the money folks.

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When a migrant is prosecuted for illegal entry, he or she is taken into custody by the U.S. Marshals. In no circumstance anywhere in the U.S. do the marshals care for the children of people they take into custody. The child is taken into the custody of HHS, who cares for them at temporary shelters.

This is the fatal flaw of that entire argument. Why separate the children from their parents in the first place? All the rest is just legal hand-waving to try to justify an immoral policy.
 
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