WASHINGTON
– Senate
Judiciary Committee Chairman Chuck Grassley wrote to Homeland Security
Secretary Kirstjen Nielsen seeking details on a man and 13 year-old girl who
were apprehended by Customs and Border Patrol after illegally crossing the
southern border. After the man fraudulently claimed the young girl as his
daughter, both were released under conditions that they maintain contact with
federal officials as an “alternative to detention” (ATD). The girl was later
found to have been sexually abused.
“It is unconscionable to think that our immigration
policies may lead bad actors like [Ramon] Pedro free to exploit and viciously
prey on children to get across our border and [be] released into American
communities. We must repeal the Flores restriction on keeping children with
adults for longer than 20 days in facilities until parentage may be carefully
determined,”
Grassley wrote. “Until this happens, more children remain vulnerable to
sexual abuse and assault.”
In
a letter to Secretary Nielsen, Grassley requests that department officials
brief committee staff on the circumstances of this incident and the ATD
monitoring to which the man in question was subject. Grassley also noted that
because of the sanctuary policies of California, the alleged abuser “will
likely vanish into the community, free to abuse again.”
August
10, 2018
VIA ELECTRONIC
TRANSMISSION
The
Honorable Kirstjen Nielsen
Secretary
U.S. Department of Homeland Security
Washington, D.C. 20528
Dear Secretary
Nielsen:
I write to you regarding a disturbing allegation that a 13 year-old-girl
seeking entry into the United States was released to an unrelated adult male
claiming to be her father, who then raped, assaulted, and abused her.
[1] According to reports, Ramon Pedro
crossed into the United States at an El Paso, Texas port of entry, and claimed
he was traveling with his “daughter.” The Committee has learned that Pedro was
found inadmissible for failing to possess valid visa documents, was issued an
Expedited Order of Removal, and was released with his “daughter” into the
interior of the United States. U.S. Customs and Border Protection (CBP)
processed and released the “family unit” after determining there was no bed
space at a family residential center.
Reportedly, the abused girl’s mother
sent her on the dangerous journey from Guatemala to the United States to
accompany Pedro who promised to help her find a job.
[2]
Pedro undoubtedly understood the likelihood of being released from immigration
custody with a “daughter” was higher than making the journey alone. This is a
horrific example of how smugglers and other criminals seek to defraud the
United States government by creating fraudulent family units and crossing the
border illegally.
Unfortunately, it is difficult to
determine how long – or to what extent – the 13 year-old-girl was abused. Pedro
was reportedly released with Alternatives to Detention monitoring and required
to check in with federal officials. However, despite ATD monitoring, it was
only after Pedro and the girl were admitted to a hospital in Fresno, California
for tuberculosis screening that doctors discovered that the girl had been
sexually assaulted.
[3]
Upon discovering the abuse, police
arrested Pedro for rape, forcible sexual penetration, child endangerment, and
other similar charges.
[4] He is
being held in detention on $310,000 bond. However, since California is a
sanctuary state, it is unlikely Immigration and Customs Enforcement (ICE) will
be notified, meaning Pedro will likely vanish into the community, free to abuse
again. According to sources, if ICE had the appropriations to hold Pedro and
the girl for less than two weeks while waiting for travel documents back to
Guatemala, this terrible tragedy may have never occurred.
It is unconscionable to think that our
immigration policies may lead bad actors like Pedro free to exploit and
viciously prey on children to get across our border and released into American
communities. We must repeal the Flores restriction on keeping children
with adults for longer than 20 days in facilities until parentage may be
carefully determined. Until this happens, more children remain vulnerable to
sexual abuse and assault.
To better understand this situation,
please provide knowledgeable staff to brief the Committee on this circumstance,
including the ATD monitoring Pedro was subjected to, no later than August, 15,
2018.
Thank you for your attention to this
important matter. Should you have any questions, please contact Katherine
Nikas or Aakash Singh of my Committee staff at (202) 224-5225.
Sincerely,
Charles E. Grassley
Chairman
Committee on the Judiciary
cc: The Honorable Dianne Feinstein
Senate Committee on the
Judiciary
cc:
The Honorable Richard Shelby
Senate
Committee on Appropriations
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[1] Stephen
Dinan,
Police Nab Illegal Immigrant ‘Family’ after Man Found to Have Raped
Girl, The Washington Times, (Aug. 7, 2018), available at
https://www.washingtontimes.com/news/2018/aug/7/illegal-immigrant-family-nabbed-after-man-found-ha/
[3] Stephen
Dinan,
Police Nab Illegal Immigrant ‘Family’ after Man Found to Have Raped
Girl, The Washington Times, (Aug. 7, 2018), available at
https://www.washingtontimes.com/news/2018/aug/7/illegal-immigrant-family-nabbed-after-man-found-ha/