Feinstein, Grassley to Justice Department: Enforce Kidnapping Laws
WASHINGTON – Senators
Dianne Feinstein (D-Calif.) and Chuck Grassley (R-Iowa), ranking member and
chairman of the Senate Judiciary Committee, have requested Attorney General
Jeff Sessions detail steps the Justice Department is taking to adhere to the International
Parental Kidnapping Crime Act and return U.S. citizen children to their
parents. The letter follows a Judiciary
Committee hearing on the issue.
“Unfortunately, our review of public records suggests individuals are rarely—if ever—prosecuted under this statute. Worse still, our conversations with victims of international parental child abduction and their advocates suggests that many federal prosecutors are either unaware of the statute’s existence or do not understand the vital role the threat of prosecution can play in securing the return of abducted children. It is clear that the Department can do more with respect to IPKCA,” the senators wrote.
Full
text of the
letter follows:
Dear
Attorney General Sessions:
We
write to you today regarding the International Parental Kidnapping Crime Act
(IPKCA). Your Department has an obligation to the American people to use all
tools available to assist in the return of American citizen children. We
believe this statute is a valuable tool in combatting international parental
child abduction. We hope that your Department will utilize it to the fullest
extent allowed by law.
As
you know, the IPKCA criminalizes the removal of a child from the United States
with “the intent to obstruct the lawful exercise of parental rights.”
Individuals found guilty of violating this statute are subject to criminal
fines and the possibility of imprisonment of up to three years. The possibility
of criminal fines and imprisonment can provide powerful inducement for the
taker-parent to return a wrongfully taken or retained American citizen child
abroad.
Unfortunately,
our review of public records suggests individuals are rarely—if ever—prosecuted
under this statute. Worse still, our conversations with victims of
international parental child abduction and their advocates suggests that many
federal prosecutors are either unaware of the statute’s existence or do not
understand the vital role the threat of prosecution can play in securing the
return of abducted children. It is clear that the Department can do more with
respect to IPKCA.
Several
months ago, in a hearing before the Senate Judiciary Committee, we urged the
Administration to use every possible tool to secure the return of American
citizen children abducted abroad. This statute is one of those tools.
Accordingly, by August 31, 2018, please provide our offices with answers to the
following questions:
1. How many
individuals have been prosecuted under the IPKCA since it was enacted? On
average, how many individuals are prosecuted annually under the IPKCA?
a.
What
is the average term of imprisonment an individual convicted under the IPKCA is
sentenced to?
b.
Will
you commit to providing an annual report to the House and Senate Committees on
the Judiciary on the number of individuals prosecuted under this statute?
2. How many
children have been returned as a result of either prosecution under the IPKCA
or the threat of prosecution under the IPKCA?
3. What steps does
the Department of Justice take to make United States Attorney’s offices aware
of this statute?
4. Does the
Department of Justice provide United States Attorneys and Assistant United
States Attorneys with any training on this statute and how it may be used as an
inducement to secure the return of an American citizen child? If not, why not?
5. If the
Department of Justice does not provide training to federal law enforcement
officers on this statute, will you commit to providing such training in the
future?
6. What steps does
the Department of Justice take to coordinate with state and local law
enforcement officers on preventing international parental child abductions and
securing the return of American citizen children?
7. What steps does
the Department of Justice take to coordinate with advocacy groups and
left-behind parent organizations on preventing international parental child
abductions and securing the return of American citizen children?
8. What additional
tools or resources does the Department of Justice need to more effectively
prosecute individuals under this statute? What additional authorities do you
believe are necessary in order to combat international parental child abduction
and secure the return of American citizen children?
9. Will you commit
to meeting with representatives of the “left-behind” parent community in order
to better understand their concerns and frustrations?
We
know you recognize the seriousness of the issue and look forward to working
with you to resolve and prevent cases of international parental abduction.
Working together, we are confident that Congress and the Administration can
secure the return of American citizen children and prevent their kidnapping in
the future.
Sincerely,
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