Sunday, January 24, 2010

What happens to the kids when ICE takes their parents into custody?

Ever wonder what happens to the kids when ICE (Immigration and Customs Enforcement) has a raid and scoops up undocumented workers in the fields and packing plants of America?

While Mom and Dad are being shipped off to detention centers or back to their country of origin, their children who either were born here and are United States citizens or not, may wind up in foster care or special detention centers for children.

Here is an interesting article from the Empire Justice Center Law Journal, Winter 2009 - 2010 on "Understanding Special Immigrant Juvenile Status". Here is a snippet:

There are few groups in the United States more vulnerable than undocumented and unaccompanied immigrant children.1 The circumstances of their arrival in the U.S. include fleeing dangers and natural disasters in their home countries, separation from family members, abuse, neglect, abandonment and being the victims of crimes such as human trafficking and child labor. Once they are here the difficulties they face include poverty, language problems, lack of access to health care and health insurance and other public benefits. Without parents or other relatives to protect them and look out for their best interests, many of them are in foster care. Without lawful immigration status they face the constant threat of deportation or removal to their home countries. Even if they are able to remain in the U.S., as long as they have no immigration status they cannot qualify for student loans or work legally and are constantly vulnerable to exploitation. 2

There are a significant number of undocumented and unaccompanied immigrant children in New York State. According to The Legal Aid Society, many of the approximately 15,000 young people who enter New York’s foster care system each year due to abuse, neglect or abandonment by a parent or guardian have no immigration status.3 Fortunately there is a legal remedy available to them. Many are eligible to apply for an immigration classification known as Special Immigrant Juvenile Status “SIJS”. Once a petition for SIJS is approved, the petitioner is immediately eligible to apply for lawful permanent residence. The process to obtain SIJS however, is a complex mix of state and federal law and unless a child applies for SIJS before turning 21, what is probably their only chance to remain in the U.S. permanently and lawfully, will be lost forever.

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