Download This PaperThe Myth of Second Chances: Noncitizen Youth and Confidentiality of Delinquency Records
36 Pages Posted: 7 May 2020
Date Written: May 26, 2017
Abstract
Juvenile justice systems in the United States are designed to rehabilitate youth, giving them a second chance at living a productive adult life. Yet many noncitizen youths are not afforded this opportunity. A key aspect of rehabilitation is keeping delinquency records confidential so that the information is not used in a manner that would impede rehabilitation. Delinquency records are distinct from adult criminal records in that the purpose and means of their creation is geared toward rehabilitating youth. Because of this, the nature of delinquency records are more sensitive and expansive, as well as far less reliable. Nonetheless, delinquency records are routinely used by immigration officials in decision-making with devastating results to noncitizen youth.
This Article is the first comprehensive examination of immigration agencies’ use of juvenile records in decisions concerning detention, deportation, and immigration benefits adjudications. It analyzes the use of these records by immigration officials within the framework of objectives of the juvenile justice system and the current era of juvenile justice reform focused on child development. This Article demonstrates that to align with current juvenile justice jurisprudence, as well as insuring uniformity in the implementation of immigration laws, immigration agencies must adopt policies that reject the use of juvenile records.
Keywords: immigration, juveniles, delinquency, confidentiality
Suggested Citation: Suggested Citation