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Palestinian children as young as five years old have been jailed in the United States since early November 2006. They are currently being treated more harshly in the United States than even in Israel. The manner of the arrest and detention of the Palestinian children in Texas contravenes international law. Article 37 of the UN’s Convention on the Rights of the Child(1) states that detaining children should be a measure of last resort, and that the detention must be for the shortest possible period of time. Under international law, children are to be detained only in facilities dedicated exclusively for them, and never with adults. Israel signed the pact in 1990, but only applies it to Israeli children. The Palestinian Ministry for Prisoners’ Affairs confirm the presence of about 450 Palestinian children from the West Bank in Israeli prisons, including three girls aged 15, 16 and 17. However, even Israel is not known to have ever detained a 5 year old girl like Faten Ibrahim who was jailed in a criminal jail facility in Texas with adult prisoners for almost three months.
Beginning in the early morning hours of November 2, 2006, United States Immigration and Customs Enforcement (“ICE”) arrested three Palestinian families in Dallas, TX and jailed them, including their minor children. They are the families of Adel Suleiman, Salaheddin Ibrahim and Radi Hazahza. All three families had been under final removal orders from the United States for several years because their applications for political asylum were denied more than two years ago and all avenues of appeal had been exhausted. Under prior policy, ICE had not actively sought removal of these families from the US, and Palestinians denied asylum had regularly been allowed to remain in the United States without legal immigration status although formally under orders of removal. In the early hours of November 2, 2006, that policy changed and numerous Palestinian asylum applicants with denied asylum claims in the Dallas, TX area were arrested under a new ICE initiative, “Operation Return to Sender.”
Because the United States does not recognize the right of 1948 and 1967 Palestinian refugees to refugee status as a matter of law, under Article 1(D) of the 1951 Refugee Convention, Palestinians are regularly denied asylum and recognition of their refugee rights in the United States. The denials are frequently on the basis of the applicant having been a victim of generalized conditions of violence rather than having been individually targeted, and only applicants with Palestinian National Authority (PNA) passports are identified as Palestinian in the immigration system in the United States. The US Department of Justice reports that of 30 Palestinian asylum applications filed in the United States from 2001-2005, 2 have been granted and 28 have been denied. But none of the families discussed here were probably included in that number because all three families carried Jordanian passports at entry to the United States.(2) Palestinians carrying travel documents from other countries or who were born outside of Palestine are regularly categorized by the US immigration system as nationals of their country of birth or country whose travel documents they carry. For example, a Palestinian child born to a guest worker in Saudi Arabia would be considered Saudi Arabian by American immigration despite having no right to legal residence or citizenship in Saudi Arabia.
The adult males from the Ibrahim and Hazahza families and the two oldest daughters of the Hazahza family were jailed in Haskell, Texas. The mothers and minor children (with the exception of Ahmad Hazahza, 17 who was held in Haskell as an adult) were jailed at the T. Don Hutto Detention Center in Taylor, Texas, south of Austin, TX, and many hundreds of miles from their family members. While called a detention center, the T. Don Hutto Center is a prison, and is a diabolical new creation of the Department of Homeland Security. It is a prison designed specifically for the purpose of jailing non-Mexican families who the US government is deporting from the United States, including children no matter how young they may be. The government claims that despite the children never having committed any criminal offense, the jailing of these immigrant children is humane and reasonable because they are to be deported from the United States. In the author’s view, there is no possible justification for jailing children. What could 5, 8, 11 and 14 year olds possibly have done to warrant jailing in a prison? That their imprisonment was allowed to continue for three months is a crime against humanity.
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All three Palestinian families entered the United States legally with visas and applied for political asylum.