Suchergebnisse

This book presents a gripping analysis of the hidden factors that affect the asylum claims and rights of unaccompanied minors in the US. This book reveals how politics, economics, and social pressures shape the decisions of immigration judges and how federal courts respond to policies impacting these vulnerable minors.

AbstractThis paper examines the treatment and processing of immigration court decisions for unaccompanied alien children (UAC) in the United States from 2013 to 2017. We focus on two primary questions in our research: (1) whether asylum cases involving UAC are substantially different in outcome than non‐UAC cases, and (2) whether there have been significant differences in the immigration courts' asylum decisions involving unaccompanied minors before and after the Trump administration came to power. We utilize various multilevel models to test individual applicant‐, immigration judge‐, county‐, and state‐level variables on the likelihood of UAC receiving a positive outcome in immigration court. We find strong support for the second hypothesis and mixed support for the first. Overall, our findings suggest that multiple political, economic, social, and geographical factors influence immigration hearings for UAC beyond the individual strength of any one child's case.

Abstract
This article analyses United States (US) federal court jurisprudence to determine the legal rights of unaccompanied alien children (UAC) in various stages of immigration enforcement proceedings. After briefly discussing statistics on UAC in the US, it explains the legal context of US laws governing unaccompanied minors. Through examining 40 cases decided by the 12 US Circuit Courts of Appeals and various federal district courts, the article specifies how these courts interpreted and expanded on the procedural legal rights of UAC upon apprehension by immigration officials, during placement or detention decisions of the Office of Refugee Resettlement (ORR), prior to voluntary departure, during asylum proceedings, when rearrested after release, and while released pending immigration proceedings. According to the US federal courts, the government must grant unaccompanied minors procedural due process if it denies their release to the custody of an available and willing legal custodian. Case law examining the rights of UAC prior to voluntary departure emphasizes the need to grant them the opportunity to consult with a responsible adult, including a lawyer from a free legal services list that should be provided to them. Federal courts have also tackled various procedural issues concerning asylum claims filed by UAC. These include the right of third parties to custody of the unaccompanied minor, the minority age at the time of the asylum application, and the right of UAC to request consent for a state juvenile court's jurisdiction prior to applying for Special Immigrant Juvenile status. In removal proceedings against UAC, federal courts have elaborated on the scope and meaning of the right to counsel and the right to a bond rehearing upon their rearrest because of allegations of gang membership. Finally, federal courts have also examined issues concerning the rights of UAC while detained in ORR facilities and while in US territory. These include the right of an unaccompanied alien child to terminate a pregnancy while in ORR custody and the right not to be subjected to physical and sexual abuse while placed in a detention facility.