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INTERNATIONAL CHILD ABDUCTION AND HUMAN TRAFFICKING IN THE WESTERN HEMISPHERE

International Parental Child Abduction and Human Trafficking Prevention Report In Correspondence To The Western Hemisphere Travel Initiative And Other Related Abduction Prevention Challenges Faced By The United States And Its Neighboring Countries.

The purpose of the following report is to bring these facts to the forefront of targeted and victimized parents of international parental child abduction, activists involved in the war against human trafficking,;leaders of non-governmental agencies, lawyers practicing family or human rights law, all levels of law enforcement,;the judiciary responsible for our nation’s children, our local,;state and federal legislative policymakers, and all government agencies responsible with oversight as they are related to cross-border child abduction and human trafficking.

Our conclusions acknowledge the existence of cross-border child abduction via individuals who possess dual-citizenship, which enables them to possess foreign passports.;Often, the children of these individuals possess dual nationality as well and may be issued a passport by another country. Failures by courts and judges to properly assess abduction risk and attach court orders that would preempt international child stealing; and,

Failure to create or uphold present child abduction prevention laws or other laws created to protect our children’s safety; and,

Identity and travel documentation fraud; and,

The ability under present lawto easily illegally transport children under age 16 across borders during land and sea travel; and,

Inefficient communication and data sharing between government agencies responsible to assist in preventing or resolving an international child abduction case; and,

Western Hemisphere Travel Initiative (WHTI)

During the course of our investigation it became apparent that there is;limited available research or data concerning international parental child abduction or human trafficking as it relates to travel document requirements for children crossing into contiguous countries by land or sea under WHTI policy. However, what is certain is that child abductions and human trafficking to our bordering nations of Mexico and Canada representa great number of ‘reported’ international abductions and missing person cases originating from the United States.;Additionally,we believe that a vast majority of ‘unreported’ child abduction cases are associated with Mexico and Canada.

Today,;very serious security gaps exist directly related to WHTI, especially as it pertains to a child’s;travel document requirements. These stunning flaws and loopholes provide substantial opportunity for illegal cross-border family or stranger child abductions and human trafficking to occur to and from the United States.

Hague Convention Compliance Report On International Child Abduction

The publication is titled Report on Compliance with the Hague Convention on the Civil Aspects of International Child Abduction.

This report reflects that 1,082 new cases were;filed involving 1,615 children. The report does not indicate during which FY year a returned child was abducted.

REPORT YEAR ; FISCAL YEAR; CASES; TOTAL CHILDREN TOTAL CHLIDREN; RETURNED

Recovery Of Internationally Abducted Children

Undeniably, time is not a child or a chasing parent’s;friend.

Article 13 of the Hague Convention allows for the court overseeing a Hague case to allow for a child to remain with the abducting parent in the receiving country if the court determines that a return order would cause grave risk and harm to the child.

Fortunately society has begun to take notice of the tragedies related to international child abduction and human trafficking. Amore educated judiciary continues to evolve and new abduction preventive laws have been implemented to prevent child abduction and human trafficking.;We have made substantial strides in social and judiciary awareness, and in certain states created new child abduction prevention laws.

In relationship to parental child abduction cases, we acknowledge the failures of courts to act cautiously and prudently in;preventing a potential;abduction. This circumstance renders;programs such as the United States Children’s Passport Issuance Alert Program (CPIAP) or Prevent Departure Program (PDP) useless.

We believe there is a direct correlation between the high number of successful child abductions to our neighboring countries and the legal loopholes that allow minimum travel documentation requirements for children traveling by land or by sea under WHTI policy.

Documentary Requirements For Children Traveling Internationally

According to the Department of State Office Of Children’s Issues, “U.S. law;requires the signature of both parents, or the child’s legal guardians, prior to issuance of a U.S. passport to children under the age of 16. ;The two-parent signature necessary for a minor child’s U.S. passport issuance has strengthened our border security and reduced the ability to;present;incomplete or fraudulent documentation in order to travel with a child across international borders. Tragically, for many targeted-parent victims of international parental child abduction this type of fraud is common. Unfortunately, when it comes to cross border travel by children being transported by land or sea, numerous security defects exist. ;Our nation’s children as well as children from other countries are suffering either as defenseless victims of international parental child abduction or as helpless slaves taken into the world of human trafficking, where the worst types of crimes against humanity are the norm.

As a nation concerned with our children’s safety and welfare, it is unacceptable that large gaps in security protocol exist in our nation’s international travel document requirements for children traveling in the Western Hemisphere.

Human Trafficking

The United States Department of State Trafficking In Persons Report (TIP Report) estimates this number to be between 4 million and 27 million individuals.

Yet our borders remain relatively unencumbered for children traveling abroad in the Western Hemisphere.

U.S. Passport Requirements For International Travel

According to CBP passport exceptions exist when traveling with U.S. or Canadian citizen infants and children. If traveling by air everyone, even infants require a passport.

We are especially concerned about the ability to falsify travel documentation for children. The capability to easily present travel documentation without another parent’s consent or to falsify travel documents;for children in cases where a passport is not required appears relatively;easy. Peter Thomas Senese, the co-writer of this report wrote in Chasing The Cyclone, “I know first-hand of several international parental child abduction cases where a false international travel consent letter was either fraudulently produced or never produced by the other parent in order for that abducting parent to depart from Canada into the United States or from the United States into Canada. Unquestionably, if all cross-border travel for children of all ages does not include the much more secure and controllable use of a passport, then abducting parents and human traffickers will still be capable of abducting;children.

Birth certificates should be used for children over 1 year old.”

Contiguous Countries – Mexico and Canada

CBP reports this security vulnerability for children when it states, “U.S. and Canadian citizen children under age 16 arriving by land or sea from a contiguous territory may present an original or copy of his or her birth certificate, a Consular Report of Birth Abroad, a Naturalization Certificate, or a Canadian Citizenship Card.”

In regards to outgoing cross-border abductions to Mexico (a contiguous country), the U.S. Department of State (DOS) reports “Mexico is the destination country of the greatest number of children abducted from the United States by a parent.” Additionally, “65% of all outgoing international parental abductions from the United States to Hague Convention countries are to Mexico, and that 41% of all incoming international parental abductions to the United States are from Mexico.” The 2010 Hague Compliance Report states that for fiscal year 2009 there were 474 children involved in new outgoing (from the U.S. to Mexico) Hague applications. The 2009 Hague Compliance Report states there were 533 children abducted to Mexico, representing a 67% increase of reported abduction cases from 2007 (320 cases). The ‘reported’ cases do not include the;immeasurable anticipated ‘unreported’ cases ofparental child abduction occurring between the United States and Mexico previously discussed in Crisis In America: International Parental Child Abduction Today (2010). The court stated that Mexico posed a risk to children’s physical health and safety due to human rights violations committed against children, including child labor and a lack of child abduction laws. Groups considered most vulnerable to human trafficking in Mexico include women and children, indigenous persons, and undocumented migrants. If;passports were required for all travelers to travel abroad, it is reasonable to believe there would be a significant reduction in the number of international parental child abductions and children missing due to human trafficking.

Under the present travel requirements, children in specific circumstances may be transported across borders without a passport.;We believe this security deficiency has allowed hundreds if not thousands of defenseless children to be transported out of the country.

International Child Abduction Statistics

It indicates that there were 74 new outgoing cases involving 104 children and 29 new incoming cases representing 39 children.

The opportunity for trafficking of children in the Caribbean is substantial.

Sea Travel Closed-Loop Voyages

Travel requirements for children traveling at sea are quite alarming. With thousands of children boarding one of these cruise ships, we acknowledge it is clear there is substantial opportunity for a parental or non-parental child abduction to occur.

In a likely scenario for cruise ship related international parental child abduction or child trafficking, an individual could presumably board a cruise ship with a targeted child with limited or fraudulent documentation for the child, travel to WHTI designated foreign ports, disembark with the child at a port of call and simply choose not to re-board the ship, effectively circumventing the necessity of a passport;which is required for other types of travel.

The potential to illegally remove a child across international borders via cruise ship travel is;substantially magnified;because currently there are no systematic data base controls and other security;measures that would prevent a child’s illegal departure from the United States.

Obviously, the ability for a single parent trying to protect their child’s abduction to run from cruise ship port to cruise ship port hoping to determine if their child is traveling on one of the ships is more than daunting and unrealistic, particularly since the vast majority of international child abductions are well planned, and cleverly orchestrated.

As previously discussed in this report, Mexico is a hotbed for ‘reported’ and ‘unreported’ incoming and outgoing international parental child abduction cases. ;A substantial number of U.S. parents;have filed a Hague;application due to the criminal international abduction of their child or children.; Unfortunately, very few abducted children return to the U.S. despite court orders demanding;the child’s return.; These opinions are substantially backed by the U.S. Department of State, as Mexico has repeatedly been reported to Congress as a non-compliant member of the Hague Convention. We contend that a failure to require children to present a passport for all international travel;is an act of misguided negligence.

Mexico ; ; ; ; ; ; ; ; ; ; ; ; ; ; ; ; ; ; ; ; ; ; ; ;379; 48

As these serious challenges come to light, we need to create a comprehensive short-term and long-term strategy that will prevent child abduction and human trafficking from occurring due to limited;WHTI child travel documentation requirements for land and sea travel. Our children must become a priority and the risk of abduction and human trafficking be lessened through mandating legitimate and uniform travel documentation.

The issues of child abduction and child slavery have received relatively limited public exposure.

International parental child abduction and;human trafficking are extraordinary issues where there is no such thing as ‘collateral damage’.

Admittedly, passport requirements for all children traveling internationally under all circumstances will result in increased cost to the potential international traveler.; However, this additional level of security will help ensure the safety of all children.

Unequivocally, we take the position that a passport requirement for international travel can;potentially protect thousands of our nation’s innocent children;from the cruel fate of international abduction or from entering into the infernos of human slavery.;OSpecifically, that all children, regardless of age must posses a passport for any cross-border travel. Harmonization of the documentary requirements for all modes of travel and at all international borders will help us achieve a reduction in the heinous crimes of child abduction and human trafficking.

Child abduction prevention strategies are critical and must include e