Administrative Chaos: Responding to Child Refugees - U.S. Immigration Process in Crisis

As of 2018 in the United States, the nexus of immigration law, judicial processes and executive action has created a chaotic legal environment for immigrant children, particularly “unaccompanied minors” apprehended at the U.S.-Mexico border. This study discusses the complexity and ineffectiveness of the current system for adjudicating migrant child protection claims. The article examines federal laws, court decisions and administrative processes to highlight the flaws of the system in which immigrant children are entangled. While various statutory protections exist (like U-status for immigrant victims of crime, T-status for immigrant victims of trafficking, and special immigrant juvenile status), current administrative structures allow for at least five different agencies and courts to consider a single child’s case, which the author argues make “an already complex system much worse.” These problems are compounded by recent “erratic” decision-making from the executive branch of the Trump administration. The article provides suggestions to improve the system of adjudication, including (a) not resorting to the detention of children in all cases, (b) not immediately instituting removal proceedings, (c) having advocates and practices that are sensitive to children’s mental health needs and (d) ensuring consistency in the application of rules by making them publicly available. (Julio Montanez for The Immigrant Learning Center Public Education Institute)

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