Prepared
Statement by Senator Chuck Grassley of Iowa
Chairman,
Senate Judiciary Committee
Hearing on
“Abducted Abroad: Exploring the Plight of International Parental Child
Abduction
and its Effect
on American Families”
April 24, 2018
Good
morning. Thank you all for coming here today to share your stories of how
international parental child abduction has impacted your lives. We appreciate
your courage and admire your persistence.
Today,
we will talk about international parental child abduction and its impact upon
thousands of American citizen children and their families. This issue occurs in
every State in our Union. It does not discriminate, and it impacts both
hard-working American men and women.
The
phenomenon known as International Parental Child Abduction occurs when one
parent unlawfully takes their child from the United States to a foreign
country, with a desire to keep them there indefinitely.
While
this phenomenon is not new. The abduction of American citizen children has
rapidly increased in the last decade, largely due to the ease of international
travel. It’s estimated that between 2008 and 2017, more than 11,000 American
citizen children were abducted and taken abroad.
That’s
roughly 1100 kids per year who are taken from their parents. Unfortunately,
many of these American citizen children are never returned.
Being
abducted and taken overseas by a parent can have devastating and lasting
effects on an American child’s mental, physical, and emotional well-being.
According
to a report from the U.S. Department of State, abducted children are at “risk
of serious emotional and psychological problems.” Those problems include
anxiety, eating disorders, nightmares, mood swings, resentment, fear, and
guilt.
These
issues don’t stop once the child is returned. Once they are back—if they are
even returned at all—many of these children continue to suffer a range of
emotional issues. The traumatic impact of an international abduction on children
is limitless.
But
the American children citizens aren’t the only ones who suffer. The left behind
parent also suffers trauma.
Many
of these parents often discover their child has been abducted by a spouse or
significant other in the most horrific way: they simply return home one day and
their child is gone.
This
horrible discovery begins what is, for many parents, a lifetime of struggles
where they feel paralyzed by helplessness. All of us with children can imagine
the shock, and daily horror, of not knowing if our child will ever be returned
or even if we will ever see them again.
That’s
the daily reality for many left-behind parents. Even if their children return,
the pain never goes away, and they often worry if their child will be taken from
them again.
Traditionally,
the federal government has tended to view international parental child
abduction is either a private family issue or an issue to be handled at the
state level. It’s only in the last few decades that we’ve started taking targeted,
incremental steps to combat this issue.
And
while these are welcome steps, the simple fact is our laws don’t operate well
together, and as a whole, aren’t effective in preventing parental abduction.
For
example, the International Parental Kidnapping Act makes it a felony to abduct
a child from the United States. But, individuals are rarely prosecuted for a
host of reasons, many of which are beyond Justice’s control. And even if
they are, their conviction still doesn’t guarantee the child’s return.
In
2001, we mandated that both parents had to consent to the issuance of a
passport for a child, unless one parent had sole and exclusive custody of the
child.
But
in an era of increased multi-cultural and multi-national marriages, many
children possess both an American and foreign passport, making these passport
control measures practically useless.
The
Immigration and Nationality Act makes any alien who kidnaps an American citizen
child inadmissible, and their inadmissibility continues until the child is
returned. This is actually one of the more effective tools we have, and
this gives the left-behind parent immense leverage to negotiate their child’s
return.
Still,
given the fact that the inadmissible person is almost always the parent who
abducted the child in the first place, even this provision is not entirely
effective.
Finally,
just four years ago Congress enacted the most comprehensive piece of international
parental child abduction legislation to date, the Sean and David Goldman Act.
The
Goldman Act provided the State Department with a number of tools to pressure
foreign governments to return American citizen children. These tools start with
public condemnations and the cancellation of official visits, and can include
the withdrawal, limitation, or even suspension of U.S. development and security
assistance.
Sadly,
besides a single public condemnation 3 years ago, the State Department to my
knowledge has refused to use any of these tools to secure the return of
American citizen children. That’s unacceptable, and I look forward to hearing a
detailed explanation about this from Assistant Secretary Risch.
As
these examples demonstrate, there’s more Congress and the Executive Branch can
do to end the kidnapping of American citizen children. I hope today’s hearing
is the beginning of that conversation.
During
the course of this hearing we’re going to hear from two panels. First, we’ll
hear from the Department of State and U.S. Customs and Border Protection.
I’m
hoping State will be able to give us some insight into the number of American
children who’ve been abducted abroad, steps they’re taking to prevent future
abductions, and why they aren’t using more of the Goldman Act’s tools to return
our children.
From
Customs and Border Protection, we’re going to hear about their program to
prevent the unlawful departure of American citizen children, and how Congress
can take steps to strengthen and improve that program.
For
our second panel, we’re going to hear the testimony of two parents whose
children were abducted abroad, Dr. Chris Brann and Dr. Noelle Hunter.
Their
powerful stories highlight the impact international parental child abduction
has on families and children, and I hope their testimony will help guide us as
we discuss solutions to end this crisis.
Finally,
before I turn it over to the Ranking Minority Member for her opening statement,
I want to take a moment and recognize all of the left-behind parents who are
attending today’s hearing. I want you to know we hear you, we have great
empathy for you, and we are committed to seeing the return of your children.
I
now recognize the Ranking Minority Member for her opening statement.
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