Immigration - What to Do with Immigrant Children

Immigration is a hot topic in the United States today. With the presidential campaign coming up later this year, theories for and strategies about how to handle immigration are constantly being promoted. One specific issue our country deals with are thousands of children coming to the U.S. each year that do not have the monetary means or the knowledge to become citizens. These children often come here because they have been abused in their home country or are fleeing violence in their community.

What happens to these children? If they cannot speak English well, how can they be expected to hit the ground running when they arrive? And, what should our government officials do with them?

For children under 18, federal laws allow for a special type of status called Special Immigrant Juvenile status for children that have been abused or abandoned. To qualify, children have to be dependent on a state court or otherwise placed in the custody of a state department, such as the Department of Social Services. The court must determine that it is not in the child's best interest to return to their home country. To prove this, the child must speak with attorneys who get him or her to the court to either convey in person or through a translator the reasons why it is too dangerous for them to return to their home country. For most children seeking this status, it is critical that they start the court proceedings early so they do not turn 19 before accomplishing all the steps to gain Special Immigrant Juvenile status.

Once immigrants otherwise eligible for this status turn 19, it is very difficult for them ever to be granted permanent residence in the United States even if they did not know about the possibility of receiving Special Immigrant Juvenile status. Is this fair? Should they be responsible for finding out about these steps themselves, or should we as a community encourage those familiar with this system to seek these children out and help them obtain this status if eligible.