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MINORS IN DETENTION
The Need
In 2005, immigration authorities detained over 6,840 unaccompanied noncitizen children
- some of whom were apprehended while trying to enter the United States, and
others who had been abused or abandoned by, or otherwise separated from, their
families in United States. An Immigration Judge in a hearing that will determine whether
they can remain in the safety of the United States or will be returned to their home
countries.
CLINIC's Response
Providing legal representation for minors in detention continues to be an important
challenge. Most unaccompanied children are teenagers, but some are as young as 8
or 10 years old. They are held in group homes or shelter care facilities – often located
at great distances from family and supporters or free legal service providers – while
DHS seeks to remove them to their home countries. The federal government does not
provide indigent unaccompanied children with legal counsel, or any other form of adult
guidance, while they undergo the removal process.
CLINIC lawyers and their nonprofit organization partners in Los Angeles and San
Francisco seek to assist children who have family ties in the United States to locate
their family members, obtain release into their families' custody, and secure free legal
services in the communities where their families live. For children who remain
detained and who have a viable claim to political asylum, visas for victims of violence
or trafficking, or some other form of relief from removal, CLINIC and partner
organizations either match the children with volunteer lawyers, or represent the
children in Immigration Court themselves.
In October 2006, the United States Conference of Catholic Bishops sent a delegation,
including CLINIC staff, to both sides of the U.S.-Mexico border to fact-find on the
conditions and purposes that cause unaccompanied minors to travel to the U.S.,
including family reunification, relief from poverty, jobs, physical protection, and search
for political asylum. The arduous and dangerous conditions by which unaccompanied
minors travel were observed. The delegation met with government officials and non-
profit representatives responding to the issues surrounding unaccompanied minors
during their journey, in detention and removal proceedings. Read the delegation’s
findings and recommendations in “The Lost Dream: Unaccompanied Migrant Children
and Victims of Human Trafficking on the US/Mexico Border”.
The documentary Posada follows the stories of three Central American
unaccompanied minors detained by immigration officials. CLINIC’s Managing Attorney,
Julianne Donnelly, in its Los Angeles-based Detention Services Program is featured
providing counsel to one of the minors. You can obtain a copy of Posada on-line.
Local Partnerships: Working Together to Protect Those Most Vulnerable
Legal Services for Children, Inc. collaborates with CLINIC's San Francisco
detention attorney to provide legal representation to and advocate for indigent
detained children in the San Francisco area.
Latham & Watkins, a large Los Angeles-based law firm, has donated hundreds of
hours of lawyer time to representing indigent detained children, helping to realize
CLINIC's goal of providing service to all indigent detained minors requesting service.
The Beverly Hills Bar Association has provided volunteer members to work with
CLINIC lawyers, who have trained them in immigration law pertaining especially to the
detention of minors. More than 30 cases, which can average 40 hours of work per
case, were placed with pro bono lawyers in 2002 as a result of this training.
In 2005
In 2005, CLINIC lawyers in Los Angeles met with detained noncitizen children who
were indigent and unrepresented to inform them about U.S. immigration law, and
advised them of their legal rights in removal proceedings. They assisted shelter care
workers to obtain release for children if they had family ties in the United States.
CLINIC secured representation for detained children who had viable claims to political
asylum, visas for victims of violence or trafficking, and other forms of relief from
removal. CLINIC lawyers both matched the children with volunteer lawyers, and
represented them in Immigration Court.
During the year, CLINIC made 35 legal rights presentations to 76 children, consulted
with 170 children, fielded over 800 phone calls for advice and referrals on detained
children’s issues. Staff represented 10 children in applications for waivers, five of
which were successful. CLINIC is working with nonprofit partners in the Los
Angeles area to devise service provision strategies to ensure that all indigent
detained children receive the legal help they need.
On the basis of knowledge gained through this work, CLINIC remains at the forefront
of advocacy with federal government agencies to improve the conditions of detention
for detained children.
The Need
In 2005, immigration authorities detained over 6,840 unaccompanied noncitizen children
- some of whom were apprehended while trying to enter the United States, and
others who had been abused or abandoned by, or otherwise separated from, their
families in United States. An Immigration Judge in a hearing that will determine whether
they can remain in the safety of the United States or will be returned to their home
countries.
CLINIC's Response
Providing legal representation for minors in detention continues to be an important
challenge. Most unaccompanied children are teenagers, but some are as young as 8
or 10 years old. They are held in group homes or shelter care facilities – often located
at great distances from family and supporters or free legal service providers – while
DHS seeks to remove them to their home countries. The federal government does not
provide indigent unaccompanied children with legal counsel, or any other form of adult
guidance, while they undergo the removal process.
CLINIC lawyers and their nonprofit organization partners in Los Angeles and San
Francisco seek to assist children who have family ties in the United States to locate
their family members, obtain release into their families' custody, and secure free legal
services in the communities where their families live. For children who remain
detained and who have a viable claim to political asylum, visas for victims of violence
or trafficking, or some other form of relief from removal, CLINIC and partner
organizations either match the children with volunteer lawyers, or represent the
children in Immigration Court themselves.
In October 2006, the United States Conference of Catholic Bishops sent a delegation,
including CLINIC staff, to both sides of the U.S.-Mexico border to fact-find on the
conditions and purposes that cause unaccompanied minors to travel to the U.S.,
including family reunification, relief from poverty, jobs, physical protection, and search
for political asylum. The arduous and dangerous conditions by which unaccompanied
minors travel were observed. The delegation met with government officials and non-
profit representatives responding to the issues surrounding unaccompanied minors
during their journey, in detention and removal proceedings. Read the delegation’s
findings and recommendations in “The Lost Dream: Unaccompanied Migrant Children
and Victims of Human Trafficking on the US/Mexico Border”.
The documentary Posada follows the stories of three Central American
unaccompanied minors detained by immigration officials. CLINIC’s Managing Attorney,
Julianne Donnelly, in its Los Angeles-based Detention Services Program is featured
providing counsel to one of the minors. You can obtain a copy of Posada on-line.
Local Partnerships: Working Together to Protect Those Most Vulnerable
Legal Services for Children, Inc. collaborates with CLINIC's San Francisco
detention attorney to provide legal representation to and advocate for indigent
detained children in the San Francisco area.
Latham & Watkins, a large Los Angeles-based law firm, has donated hundreds of
hours of lawyer time to representing indigent detained children, helping to realize
CLINIC's goal of providing service to all indigent detained minors requesting service.
The Beverly Hills Bar Association has provided volunteer members to work with
CLINIC lawyers, who have trained them in immigration law pertaining especially to the
detention of minors. More than 30 cases, which can average 40 hours of work per
case, were placed with pro bono lawyers in 2002 as a result of this training.
In 2005
In 2005, CLINIC lawyers in Los Angeles met with detained noncitizen children who
were indigent and unrepresented to inform them about U.S. immigration law, and
advised them of their legal rights in removal proceedings. They assisted shelter care
workers to obtain release for children if they had family ties in the United States.
CLINIC secured representation for detained children who had viable claims to political
asylum, visas for victims of violence or trafficking, and other forms of relief from
removal. CLINIC lawyers both matched the children with volunteer lawyers, and
represented them in Immigration Court.
During the year, CLINIC made 35 legal rights presentations to 76 children, consulted
with 170 children, fielded over 800 phone calls for advice and referrals on detained
children’s issues. Staff represented 10 children in applications for waivers, five of
which were successful. CLINIC is working with nonprofit partners in the Los
Angeles area to devise service provision strategies to ensure that all indigent
detained children receive the legal help they need.
On the basis of knowledge gained through this work, CLINIC remains at the forefront
of advocacy with federal government agencies to improve the conditions of detention
for detained children.
415 Michigan Ave., NE
Suite 150
Washington, DC 20017
202.635.2556
202.635.2649 fax
media inquiries:
e-mail me
(202) 635-5810
Suite 150
Washington, DC 20017
202.635.2556
202.635.2649 fax
media inquiries:
e-mail me
(202) 635-5810
Antonio Paz, CHW Teen Photo Project
Arlington,Va.
Arlington,Va.
Case Study
Deepak P. is a teenage boy from the Gujarat
province of India, a province devastated by
violence between Hindus and Muslims. After
Deepak's parents and sibling were killed when
their house was set on fire, a family friend
arranged to send Deepak to safety in the
United States. Deepak was apprehended by
the INS at the Los Angeles airport and placed in
INS detention.
Deepak was interviewed by CLINIC attorneys,
who referred his case to a pro bono attorney
through CLINIC's collaboration with the Beverly
Hills Bar Association. CLINIC attorneys
mentored Deepak's pro bono attorney and
guided him through the complicated process of
seeking asylum for Deepak. After several
months in detention, the Immigration Judge
granted Deepak's request for asylum, and
Deepak was released to a foster care family.
Deepak P. is a teenage boy from the Gujarat
province of India, a province devastated by
violence between Hindus and Muslims. After
Deepak's parents and sibling were killed when
their house was set on fire, a family friend
arranged to send Deepak to safety in the
United States. Deepak was apprehended by
the INS at the Los Angeles airport and placed in
INS detention.
Deepak was interviewed by CLINIC attorneys,
who referred his case to a pro bono attorney
through CLINIC's collaboration with the Beverly
Hills Bar Association. CLINIC attorneys
mentored Deepak's pro bono attorney and
guided him through the complicated process of
seeking asylum for Deepak. After several
months in detention, the Immigration Judge
granted Deepak's request for asylum, and
Deepak was released to a foster care family.
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