The following post, dated August 21 at 9:26 am, is a completely revised version of a comment which I posted earlier in the morning of the same day:

In my August 20 post I wrote about reports that the three Central American countries where most of the unaccompanied children seeking refuge in the US come from, Honduras, Guatemala and El Salvador, are largely unprepared to take back these children after they are deported (after what in some cases can only be called Kangaroo proceedings in which their lawyers are not even allowed into the detention center where the children are being held and where their hastily improvised "immigration court hearings" are taking place).

But, according to the Huffington Post, citing a Los Angeles Times report, the criminal gangs in these countries are not losing any time in killing deported children as soon as they return. See: Children Deported To Honduras Are Getting Are Getting Killed: Report (August 20).

The Huffpost writes:

"As a debate continues to rage in the US over whether to treat the influx of unaccompanied minors at the border as refugees to summarily deport them. The Los Angeles Times reports that minors deported to Honduras over the last month are being killed.

A Morgue director in the Honduran City of San Pedro Sula told the Los Angeles Times that 'at least five, perhaps as many 10' children killed there since February had been deported from the United States.

'There are many youngsters who only three days after they've been deported, are killed, shot by a firearm,' Hector Hernandez of the San Pedro Sula morgue, told Times reporter Cindy Carcano. 'They return just to die.'" (Emphasis added.)

What does this say about our nation's respect for its own laws and justice system, at least when those laws are meant to protect and save the lives of people who belong to unpopular and discriminated against immigrant groups, which America has always had, going back to the Irish in the mid-19th century and Asians in the late 19th century, down to Latin American, black and Muslim immigrants today?

It may be an "inconvenient truth" for the Obama administration, which seems to wish that the TVPRA would suddenly disappear almost as much as the Tea Party does, that this law has not been repealed and is still on the books. It is the law of the land.

As I mentioned in my August 20 post, the TVPRA provides specific and clearly spelled out protections to UAC ("border children") from countries other than Mexico (and oh yes, Canada, and perhaps also the Russian Aleutian Islands - if they are "contiguous" enough), before the children can be deported from the US.

These protections include: 1) hearings before an immigration judge with the right to an attorney (as long as the government doesn't have to pay); 2) appointment of independent child advocates to "effectively advocate for the best interests of the child"; 3), issuance of both procedural and substantive regulations assuring that court hearings for asylum and other relief will take into account the best interests of the child; and, 4) arguably most important of all, prohibition against repatriating the children without at least some minimal safeguards to protect them against violence and persecution upon their return to their countries.

In other words, the TVPRA's purpose of protecting border children against being arbitrarily sent back to the danger of harm and possible death in their home countries is not based on a technicality or a stray word or two here and there, as some of the law's detractors have suggested. To the contrary, the TVPRA lays out a full system of protection for the border children against exactly what the Obama administration is doing now - sending them home to the likelihood of danger and death without the slightest regard for their best interests, and in violation of even the most elementary Constitutional and statutory requirements of fundamental fairness and due process.

Especially when children who have no means to protect their rights are involved, this is a betrayal of America's entire system of justice - of everything that America stands for.

Once again, the words of Justice Field in his dissenting opinion in Fong Yue Ting v. US 149 U.S. 698 (1893), a case in which the Supreme Court majority had trashed the US Constitution in order to uphold the anti-immigrant hate and prejudice which gave rise to the Chinese exclusion laws, ring down through the more than 120 years which have elapsed since that time:

"I utterly repudiate all such notions, and reply that brutality, cruelty and inhumanity cannot be made elements of any procedure for the enforcement of the laws of the United States".

In that case, unfortunately not only for Mr. Fong, the plaintiff in that case who was arbitrarily thrown out of the United States after having resided here legally for more than a decade because of his inability to obtain a white witnesses or witnesses to confirm his period of residence, but for the future development of American immigration law up until the present time, the above was a minority opinion and the "brutality, inhumanity and cruelty" which Justice Field referred to were held by the majority to be legal.

But in the case of today's border children, summarily expelling them with only a charade of legal process is expressly forbidden by law, namely the TVPRA.

Is the administration's use of "brutality, inhumanity and cruelty", not to enforce one of our immigration laws, but to violate it, openly and directly, grounds for impeachment?

I am only asking that question. I do not presume to have an answer. But it might be possible that some other people, on the president's side of the aisle, could start asking this question too, if the death toll among deported children continues to grow.
Roger Algase is a New York lawyer and graduate of Harvard Collage and Harvard Law School who has been practicing employment-based and family-based immigration law for more than 30 years. His practice is centered on H-1B and O-1 work visas, and green cards through labor certification, extraordinary ability and opposite sex or same sex marriage, among other immigration and citizenship cases. His email address is