I think that one of the most pressing concerns for families in the U.S. immigration law is whether a child can be deported. The short answer is yes. However, children do not face exactly the same deportation procedures as adults. U.S. immigration law carefully provides different protections for children, making sure that their best interests are considered.
In this article, we will explore and discuss the legal grounds for child deportation, the protections available, and how minors can be able to seek relief from removal proceedings.
Legal Grounds for Deporting a Child
Children can face deportation if they are currently in the U.S. unlawfully or if they violate immigration laws, even without any intent.
However, some of the specific laws and policies ensure that minors should receive special consideration:
Unaccompanied Children
Some of you may know that Unaccompanied Alien Children (UACs), are minors who entered the U.S. without a parent or legal guardian. They are provided additional protections and security under the Trafficking Victims Protection Reauthorization Act (TVPRA). The TVPRA mandates that Unaccompanied Alien Children may not be put in detention with adults, rather, they must be transferred to the Office of Refugee Resettlement (ORR) within 72 hours of being apprehended.
These are the children who are put in shelters that are actually designed for minors while awaiting their immigration proceedings. The Flores Settlement Agreement requires that they are held properly in the least restrictive setting possible and that their cases are being prioritized. These children have more opportunities to apply for asylum or other forms of legal relief.
Children in Family Detention
Some of you may know that the children detained with their families are often placed in family detention centers. While some parents may not have any options to avoid deportation, their children may still qualify for asylum or any other protections even if their parents do not. Children should not remain in detention centers longer than 20 days according to the Flores Settlement Agreement, even if the children are with their parents in a detention center. The children should be released to pursue any immigration options that they have, and a parent may be released also to care for the child and help them. Usually the parent is released on conditional parole or on an order of supervision and must regularly report to ICE.
Criminal Activity and Deportation
Although some of the minors can face deportation for criminal activity, immigration judges consider the child’s age and may apply tolerance. Child-friendly courtroom procedures, such as simplified language and a less intimidating setting, are often used to ensure fairness.
Also, adjudication of delinquency in juvenile court is not a criminal conviction, so if a child was only charged in juvenile court they do not face the same immigration consequences that an adult would face.
The immigration judge should carefully evaluate the incident surrounding any criminal case before making a decision.
Protections for Children Facing Deportation
Here are several legal options that are useful to help minors avoid deportation:
Special Immigrant Juvenile (SIJ) Status
Children who have been abused, abandoned, or neglected by one or both parents may qualify for SIJ status. This classification allows them to still remain in the U.S. and to seek lawful permanent residency (Green Card).
Asylum for Minors
Children who fear persecution in their original country due to their race, religion, or political beliefs may apply for asylum. But unaccompanied alien children have an advantage, as they can apply for asylum even after being in the U.S. for more than one year. They also get to apply to the USCIS Asylum Office closest to where they live, rather than having to plead their asylum case in Immigration Court.
T-Visas
Some children who are unaccompanied alien children and some children in family detention may have been victims of human trafficking, either sex trafficking or trafficking for labor. Immigration officials who encounter such children at the border are supposed to screen for suspicions of trafficking.
If a child has been a victim of human trafficking, and that is part of the reason why they are in the U.S. the child may qualify for a T-visa to stay in the U.S. and later may be able to apply for lawful permanent resident status (Green Card). A child may also qualify for a T-visa if the child’s parent or sibling (brother or sister) was a victim of human trafficking.
Children who are victims of human trafficking and applying for a T-visa are given preferential treatment to adults in that children are seen as vulnerable and therefore not required to meet as a high a burden to show they were coerced into illegal activity, and not required to to show same level of cooperation with law enforcement as expected of adults in same situation.
Courtroom Procedures for Children
In order to ensure fairness, U.S. immigration courts implemented some special procedures just for minors. Judges may use simplified language, also make modifications in the courtroom setting to be less intimidating, and ensure that the child fully understands the legal proceedings.
In cases where a child is the primary respondent, the court takes extra precautions to protect their rights and allow them to present their case fully.
Final Thoughts
While some children can be deported under U.S. immigration law, there are still a lot of safeguards that exist to protect their rights. Whether SIJ status, asylum, or T-visa, minors who are facing deportation have legal avenues to seek protection.
If you or one of your loved ones is currently having a deportation case, it is better to seek legal counsel, which is crucial. Also, fully understanding these protections can make a huge difference in ensuring a child’s safety and future in the U.S.