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29 pages, 349 KiB

Open AccessArticle

Few Paths after a Long Journey: The Need for a Juvenile Immigration System

by Steven M. Virgil

Laws 2023, 12(4), 60; https://doi.org/10.3390/laws12040060 - 05 Jul 2023

Viewed by 1389

Thousands of unaccompanied children arrive at the U.S. border each year. In many cases, these children are fleeing harsh conditions in their home country in search for safety and family. The U.S. immigration system lacks an adequate response for these children, providing only [...] Read more.

Thousands of unaccompanied children arrive at the U.S. border each year. In many cases, these children are fleeing harsh conditions in their home country in search for safety and family. The U.S. immigration system lacks an adequate response for these children, providing only two exceedingly difficult paths: asylum and the Special Immigrant Juvenile Status designation. While providing access to a path to citizenship over time, the system is arcane and adversarial. Moreover, through it all, these children lack a right to an advocate who can protect their interest or at a minimum advise the immigration court of how to serve the child’s best interests. This article explores issues surrounding unaccompanied children in the U.S. immigration system and suggests the need for an independent juvenile immigration justice system similar to the Federal Juvenile Criminal Justice System. Full article

(This article belongs to the Special Issue Protecting the Rights of Children in Migration)

30 pages, 546 KiB

Open AccessArticle

The Persistent, Pernicious Use of Pushbacks against Children and Adults in Search of Safety

by Michael Garcia Bochenek

Laws 2023, 12(3), 34; https://doi.org/10.3390/laws12030034 - 23 Apr 2023

Cited by 1 | Viewed by 3412

Abstract

Border pushbacks, including at the European Union’s external borders and by countries such as Australia, Mexico, Turkey, and the United States, are common—and in fact have become a new normal. These border policing or other operations aim to prevent people from reaching, entering, [...] Read more.

Border pushbacks, including at the European Union’s external borders and by countries such as Australia, Mexico, Turkey, and the United States, are common—and in fact have become a new normal. These border policing or other operations aim to prevent people from reaching, entering, or remaining in a territory. Screening for protection needs is summary or non-existent. Pushbacks violate the international prohibitions of collective expulsion and refoulement, and pushbacks of children are inconsistent with the best interests principle and other children’s rights standards. Excessive force, other ill-treatment, family separation, and other rights violations may also accompany pushback operations. Despite formidable obstacles such as weak oversight mechanisms, undue judicial deference to the executive, and official ambivalence, domestic court rulings and other initiatives show some promise in securing compliance with international standards and affording a measure of accountability. Full article

(This article belongs to the Special Issue Protecting the Rights of Children in Migration)

15 pages, 303 KiB

Open AccessArticle

A Will and a Way: Making Displaced Children’s Right to Education Enforceable

by Bill Van Esveld

Laws 2023, 12(1), 16; https://doi.org/10.3390/laws12010016 - 31 Jan 2023

Cited by 4 | Viewed by 2259

Abstract

All children have the right to education without discrimination, but half of refugee children are out of school, far worse than global averages. Obstacles to education for refugee and migrant children include poverty and overstretched resources in host countries, and humanitarian donors and [...] Read more.

All children have the right to education without discrimination, but half of refugee children are out of school, far worse than global averages. Obstacles to education for refugee and migrant children include poverty and overstretched resources in host countries, and humanitarian donors and agencies have important roles and should ensure the right to education. However, policy barriers to education are key drivers of the education crisis facing displaced children. These policy barriers are internationally unlawful, but the children affected often lack standing under domestic law to demand a remedy. Countries with laws enshrining migrant, asylum-seeking, and refugee children’s rights to education and the European Union’s response to Ukrainian refugee learners provide examples that advocates can use to help raise the global floor for displaced children’s right to education. Advocates should press all countries to grant all children, including migrants and refugees, the enforceable right to education in domestic law. Full article

(This article belongs to the Special Issue Protecting the Rights of Children in Migration)

26 pages, 1030 KiB

Open AccessArticle

Pediatric Perspectives and Tools for Attorneys Representing Immigrant Children: Conducting Trauma-Informed Interviews of Children from Mexico and Central America

by Ryan B. Matlow, Alan Shapiro and N. Ewen Wang

Laws 2023, 12(1), 7; https://doi.org/10.3390/laws12010007 - 09 Jan 2023

Cited by 1 | Viewed by 3038

Abstract

Pediatric health and mental health professionals with expertise in the physical and emotional needs of immigrant children seeking humanitarian protection are trained to understand and address the sometimes deeply traumatic nature of their experience. This expertise plays an important role in collaborating with [...] Read more.

Pediatric health and mental health professionals with expertise in the physical and emotional needs of immigrant children seeking humanitarian protection are trained to understand and address the sometimes deeply traumatic nature of their experience. This expertise plays an important role in collaborating with immigration attorneys to provide compassionate, trauma-informed representation that centers on children’s best interests. In medicine, we say that “children are not small adults,” such that meeting a child’s needs requires consideration of their developmental stage and the unique impacts of child trauma exposure. This also holds true for legal professionals dedicated to protecting the rights of children in migration. This article aims to (1) review the principles of trauma-informed care in the context of child development, (2) understand the traumatic nature of the migration paradigm for children from Mexico and Central America seeking safety and protection, and (3) suggest ways that healthcare, mental health and legal professionals can inform one another’s efforts to optimize the wellbeing of children and improve legal outcomes. The application of this knowledge in practice can advance legal goals, reduce risk for child re-traumatization during interviews, and reinforce child strengths while also reducing vicarious trauma and burnout for legal professionals. Full article

(This article belongs to the Special Issue Protecting the Rights of Children in Migration)

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73 pages, 785 KiB

Open AccessProject Report

Report on Enforcing the Rights of Children in Migration

by Warren Binford, Michael Garcia Bochenek, Pablo Ceriani Cernadas, Emma Day, Sarah Field, Marci Hamilton, Ton Liefaard, Benyam Mezmur, Fasil Mulatu, Ann Skelton, Julia Sloth-Nielsen, João Stuart, Hans Van Loon and Jinske Verhellen

Laws 2023, 12(5), 85; https://doi.org/10.3390/laws12050085 - 19 Oct 2023

Viewed by 2070

Abstract

The ILA Study Group began its work by identifying guiding principles that should frame and inform state practices with respect to children in migration. These principles included, but were not limited to, non-discrimination; the best interests of the child; the right to life, [...] Read more.

The ILA Study Group began its work by identifying guiding principles that should frame and inform state practices with respect to children in migration. These principles included, but were not limited to, non-discrimination; the best interests of the child; the right to life, survival, and development; the right of the child to express their views on all matters affecting them; and the right to an effective remedy. The Study Group identified some of the most common rights violations for children in migration such as arbitrary age assessment practices; inadequate and age-inappropriate reception policies and facilities; and immigration detention of children and other coercive practices. The Study Group undertook a multidisciplinary approach by summarizing the research documenting the harmful effects of these practices on child health and well-being. It surveyed (1) treaties and international instruments that might recognize a right or remedy for children on the move; (2) regional and international fora where the claims of children could be heard; and (3) the growing body of regional and international jurisprudence upholding the rights of children in migration. Finally, it identified gaps in the international and regional frameworks and formulated recommendations as to how to ensure children in migration are able to enforce their rights and access justice. Full article

(This article belongs to the Special Issue Protecting the Rights of Children in Migration)

13 pages, 503 KiB

Open AccessEssay

Policy and Legal Implications for Working with Unaccompanied Immigrant Children in Foster Care in the United States

by Kerri Evans

Laws 2023, 12(2), 31; https://doi.org/10.3390/laws12020031 - 20 Mar 2023

Cited by 1 | Viewed by 3290

Abstract

Unaccompanied immigrant children arrive in the US having fled deteriorating conditions and human rights violations in their home countries. Despite the large numbers of unaccompanied children, there is a lack of research on outcomes for unaccompanied children in the US and particularly for [...] Read more.

Unaccompanied immigrant children arrive in the US having fled deteriorating conditions and human rights violations in their home countries. Despite the large numbers of unaccompanied children, there is a lack of research on outcomes for unaccompanied children in the US and particularly for those in the Office of Refugee Resettlement’s (ORR) Long Term Foster Care (LTFC) program. This manuscript begins with a review of the existing laws that influence unaccompanied children (UC) served through the ORR’s LTFC program and a review of the current research on UC in foster care in the US. Notably, this manuscript also visualizes the numbers of UC that have arrived in the US since the early 2000s. These are used to provide a synthesis of recommendations for policy and practice with unaccompanied children. Full article

(This article belongs to the Special Issue Protecting the Rights of Children in Migration)

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8 pages, 209 KiB

Open AccessBrief Report

Understanding the Healthcare Needs of Immigrant Children Currently and Previously in Government Custody: A Narrative

by Jaime La Charite, Elizabeth W. Tucker, Julia Rosenberg, Janine Young, Nikita Gupta and Katherine Hoops

Laws 2023, 12(1), 18; https://doi.org/10.3390/laws12010018 - 08 Feb 2023

Viewed by 1758

Abstract

Little is known of pediatric clinicians’ experiences with and approaches to taking care of immigrant children who have been in US custody. The objectives of this article are to (1) recognize the challenges facing pediatric clinicians in caring for immigrant children previously in [...] Read more.

Little is known of pediatric clinicians’ experiences with and approaches to taking care of immigrant children who have been in US custody. The objectives of this article are to (1) recognize the challenges facing pediatric clinicians in caring for immigrant children previously in custody, and (2) propose ways that healthcare and legal professionals can collaborate to optimize the wellbeing of formerly detained immigrant children. We identify themes by assessing answers to multiple choice and short responses from a national survey. These findings can help to identify current issues faced by both detained immigrant children and pediatric clinicians, and suggest approaches to addressing these issues. Full article

(This article belongs to the Special Issue Protecting the Rights of Children in Migration)

7 pages, 204 KiB

Open AccessPerspective

The Trauma of the Family Separation Policy on Migrant Children (2017–2022)

by Mariela Olivares

Laws 2023, 12(1), 17; https://doi.org/10.3390/laws12010017 - 02 Feb 2023

Cited by 1 | Viewed by 2787

Abstract

This work explores the plight of child migrants in the United States, specifically examining the Trump administration’s use of family separation as a means of migration deterrence between 2017 and 2020. The perspective discusses the ongoing physical and psychological trauma that these separated [...] Read more.

This work explores the plight of child migrants in the United States, specifically examining the Trump administration’s use of family separation as a means of migration deterrence between 2017 and 2020. The perspective discusses the ongoing physical and psychological trauma that these separated families continue to face. I explore the Biden administration’s Interagency Task Force on Family Reunification that is working to identify and reunify those families still separated while providing them with immigration and other resources and mental health therapy. I conclude by noting the critical importance of ensuring that families are never again separated in the name of immigration enforcement. Full article

(This article belongs to the Special Issue Protecting the Rights of Children in Migration)

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