The
incident with 10-year-old Rosa Maria Hernandez is resulting in verbal
attacks against Border Patrol agents and the National Border Patrol
Council (NBPC) calls upon Customs and Border Protection (CBP) to clarify
the facts surrounding the issue to the public.
On October 24, 2017, at approximately
3:30 a.m. Rosa Maria Hernandez (10 yrs. old) and her adult cousin, were
on their way to Driscoll Children’s Hospital in Corpus Christi, Texas.
Rosa Maria and her cousin were traveling from Laredo, Texas, in a
four-door sedan via Highway 59. The four-door sedan Rosa Maria and her
cousin were traveling in was a non-ambulance/contracted private medical
transport. Rosa Maria was traveling to Driscoll Children’s Hospital for a
scheduled gallbladder surgery.
All vehicles traveling northbound on
Highway 59 are required to stop at the Freer Border Patrol checkpoint
for an immigration inspection of all occupants. The Freer Border Patrol
checkpoint is located approximately 43 miles east of Laredo, Texas.
Once at the Freer Border Patrol
checkpoint, an immigration inspection was conducted on Rosa Maria, her
cousin, and the contracted driver of the four-door sedan — as is policy
for all occupants of vehicles traveling through the checkpoint. During
the immigration inspection, it was determined that Rosa Maria was a
citizen of Mexico and was illegally in the country. Rosa Maria was not
traveling with her legal guardian and was determined to be an
unaccompanied minor, as parents or guardians were not with her. In cases
involving unaccompanied minors, Border Patrol agents are required by
law to take steps to safeguard the welfare of the children they
encounter while performing their official duties. This largely stems
from the high incidence of human trafficking associated with
unaccompanied minors and the porous U.S.-Mexico border.
Border Patrol agents conducting the
immigration inspection on the occupants of the four-door sedan were
notified that Rosa Maria had a 6:30 am appointment for gallbladder
surgery in Corpus Christi, Texas. At no time were Border Patrol agents
notified that Rosa Maria had cerebral palsy. After being delayed for
approximately 15 minutes at the Freer Border Patrol Checkpoint, the
four-door sedan with Rosa Maria, her cousin, and the contracted driver
were escorted to Corpus Christi, Texas, by Border Patrol agents so that
the unaccompanied minor could receive needed healthcare. Rosa Maria
arrived at Driscoll Children’s Hospital with sufficient time for
hospital staff to perform the scheduled gallbladder surgery.
In order to ensure Rosa Maria’s well-being, she was referred to the Office of Refugee Resettlement, as required by law.
Misconceptions about this matter have
thrived in a media environment that too often engages in knee-jerk
criticisms and attacks on law enforcement personnel. The Border Patrol’s
parent agency, CBP, could offer clarification on the facts instead of
sitting silently as Border Patrol agents are criticized for the very
false perceptions that CBP silence has allowed to grow.
Border Patrol agents performed their
duties professionally and followed the laws that U.S. Congress passed
and leaves in place. The NBPC calls not only on CBP to publicly clarify
the facts around the issue, but also upon others in society to direct
their frustrations toward the actual lawmakers in Congress for laws that
upset them — not toward the law enforcement personnel who follow and
enforce the laws.
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