S. 2570 Letter of Support–To Extend Adoption Tax Credit To Tribal Children

On Tuesday, July 22, there was a Senate briefing on S. 2570, the Tribal Adoption Parity Act. The National Indian Child Welfare Association (NICWA) is circulating a letter of support for the bill. This bill would ensure that families who adopt children designated as “special needs” in tribal court are eligible for the same flat adoption tax credit as families who adopt children who are designated as “special needs” in state courts.

Under current law, the adoptive parents of a child designated as special needs who is adopted through a tribal court cannot claim the flat special needs adoption credit and must document their qualified upfront expenses. Although tribes have the authority to arrange and sanction the adoptions of children who are members or eligible to be members of the tribe, current tax law does not recognize the authority of tribal courts to determine which of these adopted children are “special needs” for the purposes of the Adoption Tax Credit. In other words, a “special needs” determination provided by the tribe is not an acceptable document for the purposes of filing for the adoption tax credit as special needs. This creates a disparity in the tax law; taxpayers who adopt a child designated as special needs through a state can claim the benefit for children designated as special needs without documenting qualified expenses, while taxpayers who adopt a child designated as special needs through a tribe cannot.

NICWA is circulating a letter of support for sign-on. If you organization would like to sign-on, please send an e-mail to receive a copy of the letter for your review to Addie Smith at the National Indian Child Welfare Association (NICWA) at addie@nicwa.org by close of business next Monday, July 28.

Webinar To Explore Leveraging Social Security Title IV-E To Support Juvenile Justice Programs

On August 21, 2014, at 3 p.m. ET, the Coalition for Juvenile Justice will present “Using Title IV-E for Juvenile Justice: The Multnomah County Experience.” This Webinar will focus on how jurisdictions can leverage Title IV-E of the Social Security Act to support home- and community-based programs and services in their juvenile justice system. Participants will learn what programs and services are eligible for Title IV-E reimbursement, explore ways that stakeholders can support implementation of Title IV-E programs in their communities, and gain insights from Title IV-E implementation in Multnomah County, OR. Register for this free Webinar.

Unaccompanied Minor Debate Ignores International Trafficking Issues

The debate over the increase in unaccompanied minors coming across the border has been largely focused on an argument of whether the President’s past policies have attracted these children to come from the three countries of Honduras, El Salvador and Guatemala or whether changes made to the TVPA in 2008 have resulted in the increases migration. New protections were added to the TVPA in 2008 for unaccompanied minors if they were not coming from Mexico or Canada.

Late last year a U.S. Bishops’ Mission sought to determine why there is such a dramatic increase in the flow of vulnerable youth. The report indicates that there is no simple answer but instead a number of interrelated factors, what they labeled the “perfect storm” of a number of problems including: the absence of economic opportunity, the lack of quality education and access to education generally and the resulting inability for individuals to financially support themselves and their families in their home communities, the desire to reunify with family in the United States, and the increased violence including gang violence and coercion within parts of the countries most affected. The report can be obtained at: Mission to Central America: Flight of Unaccompanied Children to the United States

What has been left unsaid is that a number of the journeys north are influenced by a network of traffickers who exploit and frequently abuse child victims. Families and victims may be enticed into a promise of better lives in the U.S. and the promise, by some reports in the media, cost anywhere from $3000 to $6000 per child. Children (and adults in many instances) may then find their way into forced labor or sex trafficking once they arrive in other countries including the United States. Each year, as a result of the TVPA, the State Department releases its Trafficking in Persons Report (TIP) which examines each country and rates the progress or lack of progress of countries in regard to their efforts to prevent human trafficking. The 2014 report indicated the following for the three countries:

“Guatemala is a source, transit, and destination country for men, women, and children subjected to sex trafficking and forced labor. Guatemalan women, girls, and boys are exploited in sex trafficking within the country, as well as in Mexico, the United States, Belize, and, to a lesser extent, other foreign countries. Foreign child sex tourists, predominantly from Canada, the United States, and Western Europe, as well as Guatemalan men, exploit children in prostitution. …Guatemalan children are exploited in forced labor in begging and street vending, particularly within Guatemala City and along the border area with Mexico. Guatemalan men, women, and children are also found in conditions of forced labor in agriculture, the garment industry, small businesses, and in domestic service in Mexico, the United States, and other countries. Transnational criminal organizations are reportedly involved in some cases of human trafficking, and gangs reportedly recruit children to commit illicit acts; some of these children may be trafficking victims.”

“El Salvador–Gangs use children for illicit activities, including drug trafficking, and some of these children are trafficking victims. Salvadoran men, women, and children have been subjected to sex trafficking and forced labor in Guatemala, Mexico, Belize, and the United States. Media and government officials report that organized criminal groups, including transnational criminal organizations, are involved in trafficking crimes in El Salvador. Latin American migrants transit El Salvador en route to Guatemala and North America; some of these migrants are subsequently exploited in sex or labor trafficking.”

“Honduras is principally a source and transit country for men, women, and children subjected to sex trafficking and forced labor; to a much lesser extent, Honduras is a destination for women and girls from neighboring countries subjected to sex trafficking. Honduran women and children are exploited in sex trafficking within the country and in other countries in the region, particularly Mexico, Guatemala, El Salvador, and the United States. …Honduran men, women, and children are also subjected to forced labor in other countries, particularly in Guatemala, Mexico, and the United States. …NGOs report that gangs and criminal organizations exploit girls in sex trafficking, and coerce and threaten young males in urban areas to transport drugs, engage in extortion, or to be hit men. Honduras is a destination for child sex tourists from Canada and the United States. Latin American migrants transit Honduras en route to northern Central America and North America; some of these migrants are subsequently exploited in sex trafficking and forced labor.”

One of the questions raised is how a parent would be willing to let their child go or send them off to another country. Many families see such a journey, with assurances of secure travel, as a better opportunity for a better life for their child. On June 12, the U.S. Labor Department held a forum in recognition of “World Day Against Child Labor”, one survivor of forced labor, “A.G” described her forced child labor in the United States after being smuggled from Togo into the United States at the age of nine. She along with her siblings became entrapped in Michigan after promises of a better life in the U.S. made by relatives and smugglers to her parents. In her response to questions from the audience she explained how many families in her country and continent see an opportunity for children to live in the United States or Europe as an opportunity for a better life for their children. She was eventually rescued through the actions of her school working with Department of Homeland Security and federal prosecutors. Traffickers play a large and profitable role in moving many children across the globe.

Two Tracks For Congressional Funding to Address Unaccompanied Minors

By the end of last week, July 18, Congress’s path forward to address the issue of the surge of unaccompanied minors across the US boarder was becoming less clear with each house pursuing different approaches. The President has requested $3.7 billion in emergency funding mainly for services both legal and humanitarian with the bulk of funding for HHS and smaller parts for the State Department and Homeland Security. The House leadership, mainly through Speaker John Boehner (R-OH), has made clear that the House will not honor the request by the President. It is not clear exactly what the House will be able to pass or if they will get it done before they leave for the August break. Elements of the House majority proposal could include: reducing the funding request, changing the current 2008 Trafficking Victims Protection Act (TVPA) amendment that allowed greater protections for unaccompanied minors coming into the country (if they weren’t from Mexico or Canada) and possibly a cut in other domestic programs as a way to pay for the request. The President asked the funding to be covered under the emergency spending category.

The Senate was considering several options. One proposal by Senator John Cornyn (R-TX) and Congressman Henry Cuellar (D-TX) would bundle funding with a change in the TVPA law but Senate Majority Leader Harry Reid (D-NV) opposes such a plan and there appears to be strong opposition to the proposal by members of the Congressional Hispanic caucus. There is also an intense feeling among advocates that the law should not be changed since it was a bipartisan proposal signed into law by President George W Bush in an increased effort to better assist the worldwide force-labor and sex trafficking victims. Another potential issue is an effort led by Senator Ted Cruz (R-TX) to repeal the President’s 2012 executive order that created a version of the “Dream Act.” The order, similar to the legislation, allows some children and youth to stay here legally if they came to the United States before age 16 and before 2007, have lived here for at least five years, and are in school, are high school graduates or are military veterans in good standing.