.RepRutherfordFL is on a mission to determine how Border Patrol agents detain or release illegal immigrants who claim to be minors after one such incident in which a 24-year-old Honduran man sent to his district killed a resident.
Rep. John Rutherford is pushing the federal government to explain its protocol for vetting the backgrounds and verifying the ages of illegal immigrants arrested at the border who claim to be underage.
Rutherford has asked U.S. Customs and Border Protection to hand over general orders, standard operating procedures, and training for how agents are taught to carry out background checks on people in custody, particularly any person who claims to be 17 years old or younger but does not have any proof.
Had he identified to Border Patrol as a 24-year-old from Honduras, he would have been returned to Mexico or Honduras. However, U.S. law maintains that minors from countries other than Mexico and Canada cannot be deported, which Medina Ulloa would have understood given that he lied about being seven years younger.
“No, sir. That is not the default policy. Again, I've spent my career trying to increase information sharing,” Miller said.Miller said federal law, known as the Trafficking Victims Reauthorization Protection Act, mandated that CBP turn minors to the Department of Health and Human Services Office of Refugee Resettlement, where they are held in settings more appropriate for children.“We have to use all that information that we have,” Miller said.
Miller told Rutherford that the protocol is to run a biographic background check and obtain biometrics, including fingerprints. Immigrants apprehended at the border have their information checked in databases for criminal history in the United States, but agents cannot determine if a person has a criminal history outside the U.S. except for those on the FBI’s terror watch list.
Neither Miller nor CBP admitted or explained how Medina Ulloa was released and his age, identity, and background not uncovered during the screening process at the border.
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