Jennifer Nagda, Policy Director Children in Immigration Proceedings January 12, 2017 Teach-In on Immigrants’ Rights We wanted to take a few minutes to address children in immigration proceedings. In the next 5 minutes I want to highlight three key principles about children in immigration proceedings, offer one point of advocacy, and offer a few words of encouragement to all of you from Bety, a child whose artwork was displayed at a major metropolitan art while she remained in government custody. Jennifer Nagda, Policy Director

Point 1: Children treated as “adults in miniature” General rule: Children treated the same as adults. “Charged” by immigration enforcement Placed in formal legal proceedings Have right to counsel but not at government expense No obligation for U.S. government to consider the best interests of every child before making a decision

Point 1: Children treated as “adults in miniature” Children apply for same immigration benefits or forms of protection from removal (deportation) Asylum (protection from persecution) Protection for trafficking survivors: sex trafficking and labor trafficking Protection for victims of serious crimes, protection under Violence Against Women Act (VAWA)

Point 1: Children treated as “adults in miniature” C. Exception: Special Immigrant Juvenile Status For children who were abused, abandoned or neglected by a parent, and when it is not in the child’s best interests to return to home country Complex for lawyers, children and their families Requires both state court proceedings and immigration proceedings

Point 2: Children have different stories, diverse needs Children brought to United States (often years ago) by family members May or may not be aware of their own immigration status Includes “Dreamers,” DACA recipients Children arriving at U.S.-Mexico border with parent or parents Since 2014, placed in family detention facilities including in PA (Berks County) Lawyers, other advocates need support

Point 2: Children have different stories, diverse needs Unaccompanied children Under 18, no legal immigration status, not with a parent or legal guardian Arrive from every corner of the world; majority from Central America Reasons include need for protection, reunification with family, need to work; often a combination Since FY2012, number of Central American children increasing dramatically

Point 3: The Few Protections for Kids are Now At-Risk All unaccompanied children are taken into protective custody, except for children from Mexico Children can be released from custody to family members, including undocumented parents, while their cases proceed through courts Parental Interests Directive: intended to make sure parents picked up in immigration proceedings don’t lose custody of children or have parental rights terminated solely as result of immigration status Increasing recognition that children need lawyers in court proceedings and that particularly vulnerable children need independent Child Advocates

Point 4: Common Ground for Advocacy Immigrant children are first and foremost children: treat them as such, recognizing their individuality and their need for special care and protection.

~Bety, Age 16, unaccompanied youth and artist “Aprendí que no hay errores en el arte. Hay que ser valiente en la vida, no solo en el arte.” I learned that there are no errors in art. We have to be brave in life, not just in art.  ~Bety, Age 16, unaccompanied youth and artist Mariposa Soñadora* *artwork and quote shared with child’s consent