[Congressional Record Volume 164, Number 201 (Thursday, December 20, 2018)]
[Senate]
[Page S7971]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




    BORDER SECURITY AND ACCOUNTABILITY FOR THE DEATH OF JAKELIN CAAL

  Mr. CASEY. Mr. President, I rise today to speak about the tragic 
passing of a 7-year-old child, Jakelin Caal, on December 8 of this 
year.
  Jakelin died in Customs and Border Patrol custody, reportedly due to 
shock and dehydration. It is an understatement to say that we need a 
thorough and independent investigation to understand exactly what 
happened in this case and to make sure it never happens again.
  Jakelin entered Customs and Border Protection custody and was held 
with her father overnight with about 160 migrants, nearly half of whom 
were minors, at the Antelope Wells border station.
  Customs and Border Protection has stated that food and water were 
made available, but the child's father and news articles have stated 
that water was not--was not--available.
  It is not visible from a distance, but I will just hold up a story 
and a headline from today's Washington Post. The headline reads: 
``Lawyers: No water provided to migrant who died.''
  Here is what the first paragraph of this Washington Post story, dated 
today, says:

       El Paso. Seven-year-old Jakelin Caal and her father, Nery, 
     were not provided water during the eight hours they were held 
     in a remote Border Patrol facility with 161 other migrants, 
     the family's lawyers said Wednesday, contradicting statements 
     by U.S. Customs and Border Protection.

  The story goes on from there.
  Similarly--and I am getting back to my observations of this--although 
health screenings were reportedly conducted, news reports indicate that 
none of the agents on duty had advanced medical training.
  Though the father signed a DHS Form I-779, which is titled ``Juvenile 
Medical Screening,'' and he apparently also signed other medical 
paperwork, there are questions as to whether he understood the form 
itself. I believe it is critical that we evaluate this form and also 
evaluate the medical screening that children undergo.
  I would like to know--and I am sure many Americans would like to 
know--whether the American Academy of Pediatrics and our Nation's 
medical professionals believe the current system is adequate. I would 
add this: When this form and other protocols and procedures were put in 
place, were those experts, such as the American Academy of Pediatrics, 
consulted? Was this process or the forms informed by the expertise that 
is available? That is another set of questions.
  This has to be about improving the conditions at our Border Patrol 
stations to make sure they are safe, including ensuring that there is 
sufficient food, water, and medical attention at every one of these 
Border Patrol stations. If that means that the administration comes 
forward to the Senate or the House in the appropriations process to 
have more dollars appropriated for this purpose, not just general 
appropriations but for this purpose--to make sure that food and water 
and appropriate medical attention is available, and trained medical 
professionals are available at every Border Patrol station--we should 
make sure that we engage in a dialogue about such specific 
appropriations.
  Understanding what happened in this tragedy is not about assigning 
blame. That is easy. That happens all the time in Washington. This 
shouldn't be one of those instances. This is about fixing the problem 
so it never happens again. It is also about making sure that our policy 
and the procedures that surround this policy and the details of the 
policy and the resources dedicated to it are not just correct, but that 
these policies are consistent with our values.
  Therefore, we need an expeditious, thorough, and independent 
investigation. We are told that the inspector general is reviewing 
this. That is good, but that report has to be done expeditiously, and 
we have to get to the bottom of what happened to this 7-year-old child.
  In addition to all of that, there needs to be debate about how to 
improve the system and how to investigate what happened, with 
recommendations on the record to improve these policies. We also need 
Commissioner Kevin McAleenan and Secretary Nielsen to come to testify 
before Congress so they can provide testimony about what happened here 
and about what both of them and their Agencies are doing to make sure 
this never happens again.
  Finally, we must take a moment to think about the broader atmosphere 
and the policies that relate to our border. Those who come to our 
shores seeking asylum are often fleeing terrible conditions of violence 
and poverty. In some cases, they are fleeing from almost indescribable 
horror. All of those seeking asylum should have a fair opportunity to 
present their claims and should not be subjected to unhealthy, 
unsanitary, or unsafe conditions while their claims are processed.
  It is entirely possible to have an immigration system that treats all 
individuals with compassion and dignity while also securing the border 
and protecting national security. None of that is internally 
inconsistent. A great nation can do all of that. I am certain that our 
Nation is capable of that.
  We must come together as a nation to mourn the loss of Jakelin and 
others who die under similar circumstances. We need to put politics 
aside to fix our broken immigration system so that these policies are 
consistent with our American values.
  I would yield the floor.
  I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The senior assistant legislative clerk proceeded to call the roll.
  Mr. DAINES. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.

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