Unaccompanied Minors Legislation
Posted Mar 15, 2002

The Senate Subcommittee on Immigration resumed hearings on February 28, 2002 on S.121, a bill entitled the "Unaccompanied Alien Child Protection Act of 2001." The hearings, which included testimony by Chief Immigration Judge Michael Creppy, are part of the legislative process that precedes approval of any bill. At this point, the bill is a proposal and does not have any legal effect. We regularly provide information regarding pending immigration legislation to our MurthyBulletin and MurthyDotCom readers in order to inform you of matters that may later become law. This bill is designed to protect unaccompanied minor children who arrive at U.S. borders without proper documentation. Protection of these children is one of the major goals set forth by INS Commissioner James W. Ziglar for the year 2002 (see 2002 Immigration Overview: INS Commissioner's Perspective).

Each year, more than 5,000 unaccompanied children enter the U.S. Some are smuggled into the country as sweatshop labor or for other illicit purposes. Some are escaping abandonment or abuse. The present INS policy is to place such children in detention where they frequently lack access to family, legal assistance, and education. They can either be placed in juvenile detention facilities or with the prison population that can include violent offenders. Because these children may not have access to attorneys, they are often returned to their home countries without the opportunity to assert valid claims to asylum. If returned, these children are again in danger of being rounded up by smugglers or facing their abusers.

There are also instances of children who arrive on their own to join their families in the U.S. It is not unusual for children to be left with grandparents or other extended family members for several years in the home country while their parents attempt to establish themselves in the U.S. The parents hope to bring their children to the U.S. legally, once they resolve their own immigration issues. Since it can take many years for the parents' cases to process through the system, there are times when a caretaker abroad dies or becomes otherwise unable to care for a child. Such children may then make their way to the U.S. and end up in INS detention.

The pending bill proposes a separate office specifically devoted to the protection of unaccompanied minors. The children would be given lawyers and guardians ad litem. A guardian ad litem represents the interests of the child in court proceedings. The bill also establishes guidelines for placing the children while their cases are pending. Preference is given to parents and other relatives with alternatives including individuals designated by the parents, juvenile shelters, and foster care. The children would be given access to appropriate educational and medical services.

Under the proposed legislation, an assessment must be made of the conditions in the home country before returning the child to that country. An assessment is also required as to whether return to the home country is appropriate for the child's well being. The provisions of existing law pertaining to permanent relief for unaccompanied children would be strengthened under this bill.

We support this important humanitarian legislation. Surely our country has the duty and capacity to protect these vulnerable individuals and not to add to their suffering and mistreatment while they are entrusted to our care.