Abstract

http://ssrn.com/abstract=2426716
 


 



Giving Voice to Unaccompanied Children in Removal Proceedings


Warren Binford


Willamette University College of Law

May 13, 2014

21 WJILDR 34 (2013)

Abstract:     
In the last century, hundreds of thousands of children have migrated alone to the United States. Others migrated with adults but became separated after their arrival. The reasons for their migration vary, but in many cases, war, poverty, and violence compel these children to seek refuge within our nation’s borders, often without their families. Throughout their journey on both sides of the border, these children are highly vulnerable to trafficking, abuse, and exploitation. In the United States, many are eventually apprehended, classified as an “unaccompanied alien child,” and prosecuted for violating immigration laws. Their prosecution leads the children into a confusing and complex legal labyrinth that even most lawyers do not understand. Alone and confused, most of the children who enter the system are ordered to return to the brutal conditions that compelled their migration in the first place, even though as many as forty percent of these children could have qualified for an exemption to deportation. This essay argues that it is time to give voice to all unaccompanied children caught in the labyrinth of America’s immigration system, regardless of their national origin and the nature of the legal proceeding. Meaningful legislative reform must be accomplished to mandate the appointment of both government-funded legal counsel and personal representatives to represent unaccompanied children, most urgently those in removal proceedings, so that their stories can be told and their voices can be heard.

Number of Pages in PDF File: 22

Keywords: immigration, juvenile law, legal representation, children's rights

Accepted Paper Series


Download This Paper

Date posted: April 20, 2014 ; Last revised: May 15, 2014

Suggested Citation

Binford, Warren, Giving Voice to Unaccompanied Children in Removal Proceedings (May 13, 2014). 21 WJILDR 34 (2013). Available at SSRN: http://ssrn.com/abstract=2426716

Contact Information

W. Warren Hill Binford (Contact Author)
Willamette University College of Law ( email )
245 Winter St. SE
Salem, OR 97301
United States
503-370-6758 (Phone)
503-375-5433 (Fax)
HOME PAGE: http://www.willamette.edu/wucl/faculty/profiles/binford/
Feedback to SSRN


Paper statistics
Abstract Views: 406
Downloads: 79
Download Rank: 183,411

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo6 in 0.781 seconds